Test 1 Flashcards
John Locke
Philosopher from the “Age of Enlightenment” heavily influenced the American founders
Was an English doctor and Enlightenment philosopher who used reason to think about government
Performed a “thought experiment” about where government comes from (he started with “The State of Nature”)
John Locke and other Enlightenment philosophers heavily influenced the American Founders
The Age of Enlightenment
Lasted from the late 1600s to the late 1700s
Enlightenment philosophers emphasized human reason over simple acceptance of tradition (logic, science, skepticism)
The State of Nature
Imaginary state
Both beautiful and harsh
There is good news and bad news about Locke’s (theoretical) State of Nature
In the state of nature, people are free and equal
The state of nature is governed by natural law, which saws “Do No Harm”
Who has the right to enforce natural law?
Everyone
Assumes that everyone is going to execute the law of nature fairly
Thus, the state of nature is unsafe and un-secure
According to Locke, the solution to the state of nature is government
In a democratic government…
People trade some of their liberty for security
Trading liberty for security
You trade your right to enforce natural law (self-help)
You accept the will of the majority, even if you disagree
Your remaining freedoms are safer and more secure
“Beware the poison apple”
When the government conducts warrantless electronic surveillance, we trade liberty for success
Post 9/11
The NSA conducted warrantless electronic surveillance of suspected terrorists
“The program has been successful in detecting and preventing attacks inside the United States”
Some argue the trade-off in liberty is too high
John Locke and other Enlightenment philosophers heavily influenced the American Founders
The Founders were in a “State of Nature” (almost)
The Declaration of Independence asserts that people are inherently free and equal
The Declaration of Independence asserts that good government comes by consent
How do you define “freedom”
“Clarity of expression” requires the careful definition of terms
“There is no word that admits of more various significations…than that of liberty” (Montesquieu)
The different visions of freedom
Negative freedom
Positive freedom
“Negative” freedom
Requires government absence (freedom “from” interference) - government leave me alone!
Limited government
Founders’ views
Less security - higher risk
“Positive” freedom
Requires government aid (freedom “to” free healthcare) - government help me!
Cost money
Active government
More security
Different visions of equality
Equality “before the law”
Equality of “opportunity”
Equality “before the law”
Means the government treats everyone the same
Equality of “opportunity”
Means the government helps certain disadvantaged groups
Founders first attempt at a national government
The “Articles of Confederation”
The “Articles of Confederation”
Were a “league of friendship” between sovereign and independent states
There was a congress but no president and no Supreme Court
The national government was not strong enough to fend off foreign powers
The national government was also threatened by domestic unrest
The Founders believed a radical change was necessary: a new Constitution
There was a Congress but no President and no Supreme Court
Each state was responsible for contributing taxes and troops upon request
BUT the national government had no power to enforce its requests
Under the Articles, the national government was not strong enough to fend off foreign powers
Britain still had troops in Midwest and Canada
Spain claimed Florida, California, and the Mississippi River Valley
American merchant ships were attacked by the Barbary Pirates
Did America value freedom at the expense of security?
Under the Articles, the national government was also threatened by domestic unrest
Many states had financial difficulties paying off war debts
Poor farmers were especially desperate for relief from debt and high taxes
Captain Daniel Shays led an attack on a federal armory in Springfield, MA
-Shay’s Rebellion was put down, but there were many casualties
The Founders believed a radical change was necessary: a new Constitution
Away from the Articles to a “more energetic government”
Some argued the trade-off in liberty was too high (Anti-Federalist)
In 1787, the Founders held a Constitutional Convention in Philadelphia
Constitutional Convention
The goal? Rewrite/ replace the Articles of Confederation
James Madison
After 4 months, of negotiations, the Constitution was ready, but not yet ratified
Anti-Federalists (like Patrick Henry) argued that the trade-off in liberty was too high
To defend the proposed Constitution, we had the Federalist Papers
The Constitution could not become law until it was ratified by at least 9 states (Art. VII)
James Madison
“Father of the Constitution”
One of the delegates from Virginia
Small man with a dizzying intellect
Patrick Henry and the Anti-Federalists
Give me liberty, or give me death!
The “despised” Confederation won the Revolutionary War!
Who cares if the nation is “great, splendid and powerful,” I only want freedom!
The new constitution is too “intricate and complicated” - who knows how it will work?
The Federalist Papers
A series of New York newspaper articles
Written in 1787-88
By John Jay, Alexander Hamilton and James Madison (pen name Publius)
The most important work in political science
Constitution becoming law
The process lasted from 1787-1790
Rhode Island was the last state to ratify
The Anti-Federalist wanted additional protections for personal freedom
-Bill of Rights
The new Constitution sought to balance the trade-off between ____
Liberty and security
Unique structure of the U.S. Constitution
Our government is representative
Our Constitution separates government power into three branches
We have both national and state governments (federalism)
Our government is representative
The Constitution established a republic or “indirect” democracy
Meaning, the people choose who will make decisions rather than make decisions directly
The states did not agree on how representation should work —> Great Compromise
The Constitution also contains a compromise on the issue of representation and slavery —> 3/5 Compromise
Great Compromise
Ended with 2 chambers in Congress
Chambers of Congress
Senate, House of Representatives
Senate
States are represented equally (2)
House of Representatives
States are represented by population
Slavery representation
Many cultures throughout history have practiced slavery
In the New World, European colonies relied upon African slaves to work their plantations
Americans began to challenge slavery based on their democratic and religious beliefs
The times were changing - but had not changed yet
3/5 Compromise
3/5 Compromise
Slaves were counted as 3/5 of free persons (Article I(2)) for taxation and representation
3/5 Compromise - south
Wanted to count slaves 100% for representation (and 0% for taxation)
3/5 Compromise - north
Wanted to count slaves 100% for taxation (and 0% for representation)
In pursuits of balance, the U.S. Constitution has THREE unique features:
Republican form
Separation of powers
Federalism
Our Constitution separates government power into three branches
The Executive Branch
The Legislative Branch
The Judicial Branch
Executive Branch
President +
Enforces the laws
Article II
The Legislative Branch
Congress
Makes the laws
Article I
The Judicial Branch
Supreme Court +
Interprets the laws
Article III
What does separation of power prevent?
Abuse of power
Separation of powers prevents abuse of power
Montesquieu
The Founders agreed with Montesquieu
Montesquieu
French lawyer
Enlightenment philosopher
The Spirit of the Laws, 1748
Each branch of government has some power over the others
Checks and Balances
Veto points
Checks and Balances - The President
Can veto a law passed by Congress
Appoints judges with Senate approval
Checks and Balances - Congress
Can override the president’s veto and block or impeach Presidential appointments
Check and Balances - Supreme Court
Judges can declare the actions of the President or Congress unconstitutional
Power must be separated by more than just ___
“Parchment barriers”
Federalism
National and state governments
The States were originally sovereign and independent - United States
The Supremacy Clause (Article VI) makes the national government supreme
BUT national power is limited (still subject to the Constitution even though supreme)
The national government has enumerated and limited powers under the Constitution
What Congress can and cannot do
What the States can’t do
Congress CAN:
Tax, regulate interstate commerce, coin money, define citizenship, declare war (article 1(8))
Congress CANNOT:
Spend without an appropriations bill, grant titles of nobility (Article 1(9))
States CANNOT:
Make treaties, coin money (Article 1(10))
What happens when the national government does not act according to the Constitution?
These will be merely acts of usurpation, and will deserve to be treated as such
Supremacy is confined “to laws made pursuant to the Constitution”
States have clashed with federal law over what?
Marijuana
Right to Die
State/federal clash over marijuana
The federal Controlled Substances Act bans marijuana as a controlled substance
BUT as of Jan 2018, 30 states and D.C. have legalized marijuana
In 2004, the Supreme Court held that federal law on marijuana is supreme
BUT federal agents now have a policy against enforcement in states where marijuana use is legal
States/federal class over “Right to Die”
Gonzales v. Oregon (2006)
Brittany Maynard took her own life in 2014
Gonzalez v. Oregon
2006
The federal government cannot interfere with state “Right to Die” laws
Why is separation of power between national and state governments needed?
Helps prevent abuse
Fiscal federalism
The states are financially dependent upon the federal government
The federal government collects taxes and provides $$ to the states to implement federal programs
These programs include grants for welfare, educations, health care, subsidies and military efforts
The final protection for our freedom
YOU
Federal power can never be formidable to the liberties of the people
The Founders provided for Amendments to the Constitution
2/3 of both houses of Congress just to propose an amendment (67 Senators and 288 Representatives)
The amendment must then be ratified by 3/4 of the states (38 States)
Article V
The first 10 Amendments
Bill of Rights
Bill of Rights - Federalists
Believed a Bill of Rights was “unnecessary” and even “dangerous”
Anti-Federalists - Bill of Rights
Demanded written protection for individual rights
The promise of a bill of rights was necessary to achieve ratification
Bill of Rights
Guarantees “freedom from” government interference in our speech, religion, right to bear arms, etc.
Not exclusive, examples of important freedoms
9th, 10th amendments
9th amendment
States that the Bill of Rights shall not be used to deny additional rights to the people
10th amendment
States that powers not delegated to the US (in Article 1(8)) are reserved to the States and the people
How does federal power grow
Government tends to grow during times of war and insecurity
Even after the crisis is over, the government remains larger than before
Over time, Americans have come to expect more from the federal government
The federal government today
Involved in every aspect of our lives
Federal agencies passed 80,000 pages of regulations just in 2013
There are approximately 3 million civilian federal government workers
Almost half of the population receives some form of government benefits
Civil war
1861-1865
The North (Union) and South (Confederacy) fought a bloody Civil War
Disagreement between North and South was already evident in the Constitution
President Lincoln issued the Emancipation Proclamation
Lincoln’s Gettysburg Address
The national government (Union) eventually won the war
Emancipation Proclamation
Freeing slaves in the south only
Gettysburg Address
Emphasized the importance of the “nation”
Aftermath of civil war
Three new amendments (13-15) were passed in the “Reconstruction Era”
These amendments were intended to integrate former black slaves into American political life
13th Amendment
Abolished slavery (1865)
14th Amendment
Guaranteed equal protection and due process (1868)
STATES may not discriminate
15th Amendment
Removed race restrictions on voting (1870)
During the Progressive Era, the federal government…
Began to expand
Progressive Era
1890-1920
A period of social and political reform
Women began to get involved in politics and organize for voting rights
Progressives
Four new amendments were passed (16-19)
Progressives
Idealists
They wanted to use “science” to improve society
Believed in a more active role by the government
Woodrow Wilson
A Progressive President during WWI (1914-1918)
A Progressive reformer and critic of the Constitution, even during grad school
He called his progressive agenda the “New Freedom” - positive freedom
His policies created the Federal Reserve System and the Department of Labor
Federal Reserve System
To regulate the economy
Department of Labor
To regulate the workplace
Where did the federal government get funding for these new initiatives?
Income tax
16th amendment
Implemented the first income tax (1909)
Bypass the states, straight to the source (the people)
17th amendment
Provided for the direct election of Senators (1912)
18th amendment
Instituted Prohibition (1917)
Repealed by the 21st Amendment in 1933
Prohibition
1919-1933
An example of government overreach
The intent was good…break up saloon culture and stop the effects of drunkenness on families
However, it created a black market for liquor and strengthened organized crime
People were not just willing to sacrifice their freedom to drink
19th Amendment
Gave women the vote (1919)
Obamacare
Passed in 2010
The intent of Obamacare was good…make sure all families have access to health care
However, the regulations are very complicated and have had unintended consequences
Some argue Obamacare is too expensive and takes away too much freedom
Great Depression
1929-1941
FDR pushed the expansion of government through “New Deal” reforms
Milestones included the Social Security Act and the Securities & Exchange Commission
FDR persuaded the courts to reinterpret the Constitution and allow his reforms
Ended about the time that America entered WWII but big government was here to stay
WWII
1941-1945
Vietnam War
1955-75
Lyndon B. Johnson
Lyndon B. Johnson
1963-1969
Envisioned a “Great Society” supported by government initiatives
Johnson’s “War on Poverty”
Civil Rights Act of 1964
War on Poverty
Created Medicare, Medicaid, and Food Stamps
23rd Amendment
Gave DC residents the right to Vote for President (1961)
-3 electoral college votes (smallest state)
24th amendment
Abolished poll taxes (1964)
26th amendment
Gave citizens over 18 the right to vote (1971)
Amendments passed during the 1960s and 1970s
Expanding the vote
23rd, 24th, 26th
1980s and 1990s
Americans became concerned about the growth of government
Conservative backlash led by President Ronald Reagan
Also saw the end of the “Cold War” and the fall of Communism in Eastern Europe
1960s and 1970s
Were also a time of social change and protest
LBJ
Americans also passed Constitutional Amendments expanding the vote (23, 24, 26)
President Ronald Reagan
Focused on the traditional role of national government (defense), while cutting taxes and non-defense spending
America enjoyed a strong economy under Reagan
Millennium
Government has continued to expand
George W. Bush
Obama
George W. Bush
America responded to 9/11 with the Patriot Act, TSA, and DHS
When the economy crashed in 2008, President Bush signed a bank “bailout”
Obama
Supported a “bailout” of auto manufacturers, a $831 Billion “stimulus”
Obamacare
