midterm review Flashcards
Declaration of Independence
Who wrote it?
What were the major goals of this document?
What natural rights are listed?
written primarily by Thomas Jefferson, also included John Adams, Benjamin Franklin, and Roger Sherman
formally declared independence from Britain and explain the reason for separating, Articulate the colony’s natural rights and philosophical framework for government - the role of the government was to protect the natural rights (life, liberty, pursuit of happiness) and if the government becomes destructive to those things, the people have the right to retaliate
declared that the U.S. now had the right to levy war, contract alliances, establish commerce
broke away from Britain because King George III imposed taxes without consent, denied colonists to fair and free trials, and maintained standing armies in the colonies without the consent of the people
life, liberty, pursuit of happiness
Life: The right to live and to not be harmed by others without just cause.
Liberty: The right to personal freedom, which includes freedom from oppressive restrictions by authorities.
The pursuit of Happiness: This was originally “property” in Locke’s theory, but Jefferson changed it to “pursuit of happiness,” which encapsulated the idea that individuals should have the freedom to pursue their own well-being and success, in a way that does not infringe on the rights of others.
Thomas Hobbes
1: people should give up their natural rights so the king could protect humans from one another and ensure peace, supported the idea of absolute monarchy
2: government has full control over everything, people make no decisions and have no say in the gov’t
3: influenced the three branches of the gov’t
John Locke
background information:
Born in 1632, died in 1704
Sided with the protestant parliament in the Glorious Rev of 1685, which reduce the power of the king and increased the power of the parliament
Published Two Treatises of Government
Beliefs:
Agreed with Hobbes about the necessity of a social contract in order to maintain peace
Argued with Hobbes that natural rights (life, liberty, property) could never be taken or voluntarily given up by citizens
Believed that a social contract was not only an agreement between people, but also an agreement with a sovereign (specifically/preferably a king)
The king did not hold absolute power, and the natural rights of people limited the king’s power
It is the king’s responsibility to enforce and protect natural rights
If the social contract is broken a sovereign, the people have the right to retaliate and establish a new gov’t
Believed property to be the most important natural right
Favored a gov’t similar to the English Parliament
People have the natural ability to govern themselves
Did not believe in divine right to rule
Ideas the Founding Fathers used
Included the theory of social contract in the Declaration of Independence
1: believed in social contract and consent of the governed, meaning that it is the gov’t duty to enforce natural rights rather than restrict them. If a sovereign violates the social contract, then the people have the right to retaliate and establish a new gov’t
2: role of the gov’t is to protect natural rights rather than limit/take them away
3: the idea of social contract was added to the declaration of independence
Montesquieu
1: believed the best form of gov’t was one with three branches of gov’t in order to make sure that all the branches were equal in power, favored the English system as the best model of gov’t
2: thought that the main purpose of gov’t was to maintain law and order, political liberty, and the property of individuals
3: believed in the theory that all of the branches should be equal, this influenced the foundation of the U.S. gov’t
Rousseau
1: he believed in direct democracy because it was an ideal way for people to make their own decisions, believed that everyone is good but the gov’t system is corrupted and made everyone selfish, believed in social conference where people would have direct say on how the gov’t and society should be ran
2: the role of the gov’t is to administer the will of the general people and to listen to the orders of the people, people must obey the laws of the gov’t, the people are the ones who decide how to run the gov’t
3: he influenced the people’s constitution in order for people to gather as a democracy
Elastic clause
Necessary and Proper Clause
AoC amending process
1 - proposal and ratification - all 13 states had to agree, extremely difficult to get an amendment ratified
Constitution amending process
1 - proposal: 2/3 of house of reps and senate
2- ratification: 3/4 state legislator
judicial review
courts can examine and determine the constitutionality of executive and legislative branches in addition to state governments
Judicial review was established in the landmark case Marbury v. Madison (1803). Chief Justice John Marshall wrote the opinion that the courts have the authority to review laws and actions to ensure they align with the Constitution. This decision gave the judiciary the final say on the constitutionality of laws.
reserved powers
Reserved powers are powers that are not specifically granted to the federal government by the Constitution, nor prohibited to the states, and are thus reserved for the states or the people. These powers come from the 10th Amendment
powers not given to the federal government by the constitution go to the states
U.S. Constitution v. AoC
AoC:
weak central government, unicameral (single-house) legislator, one vote in congress, no right to impose tax, regulate commerce, raise a militia. more difficult amending process
What is the difference between an enumerated power and a reserved power?
enumerated - explicitly stated
reserved - implied/reserved for the states because they were not explicitly stated
Federalist v Anti Federalist
Federalists vs. Anti-Federalists:
Federalists: They wanted a strong central government, a national bank, and believed the government should have broad powers to do what’s necessary for the country (loose interpretation of the Constitution). They were supported by wealthy people, business owners, and northern states.
Anti-Federalists: They were against a strong central government and wanted more power for the states. They believed the government should only do what the Constitution explicitly says (strict interpretation). They were supported by farmers, rural people, and southern/western states.
Hamilton v Jefferson
Hamilton vs. Jefferson:
Hamilton (Federalist): He believed in a strong central government and wanted a national bank to manage money and pay off debt. He also wanted to assume state debts to create unity.
Jefferson (Anti-Federalist): He opposed the national bank, believing it was unconstitutional. He wanted the country to be agriculture-based and feared a strong national government would take away states’ rights.
Bank debate
Financial Plan/Banks Debate:
Hamilton wanted a national bank to stabilize the economy and handle national debt.
Jefferson did not want a national bank and thought it was too much power for the federal government.
Washington farewell address warnings
avoid political parties
avoid formal alliances (drag nation into unnecessary conflict)
remain neutrality
focus on the wellbeing of the country as a whole
American system
The American System was an economic plan designed to promote national growth by supporting manufacturing, improving infrastructure, and stabilizing the financial system.
It helped boost industry, unite regions, and create a more stable economy.
Money for the system was generated through protective tariffs, government bonds, and the national bank.
It was a plan aimed at making the U.S. economically independent and self-sufficient, helping to solidify its position as a rising power in the 19th century.
Protective Tariffs: Imposing taxes on imported goods to protect American industries from foreign competition, especially from Europe. The idea was to encourage Americans to buy domestically-produced goods, which would help grow American manufacturing.
Internal Improvements: Investing in infrastructure like roads, canals, and railroads to facilitate trade, improve transportation, and unite the regions of the country.
National Bank: Re-establishing a national bank to stabilize the economy, provide a uniform currency, and control inflation. The national bank would also help manage the nation’s finances and encourage business growth.
McCulloch v Maryland
What happened?
What was the significance of this case?
The case McCulloch v. Maryland arose when the state of Maryland tried to tax the Second Bank of the United States (which had been created by Congress) because it was operating in Maryland without the state’s permission. The bank’s cashier, James McCulloch, refused to pay the tax.
Maryland argued that because the Constitution did not explicitly give Congress the power to create a national bank, it was unconstitutional for the federal government to do so. They also claimed that Maryland had the power to tax any business operating within its borders, including the national bank.
McCulloch, on the other hand, argued that Congress had the power to create a national bank through the Necessary and Proper Clause (also known as the Elastic Clause), which allows Congress to take actions that are not explicitly listed in the Constitution if they are necessary to carry out its expressed powers (like regulating commerce, coining money, etc.).
DETERMINED THAT MARYLAND WAS NOT ALLOWED TO TAX THE BANK
