Test 4 Flashcards
Why was John Adams a well known figure in the US?
role in the american revolution (he also served as our first vice president under George Washington)
Who was John Adams’ main opponent in the election of 1796?
Thomas Jefferson–> he worked with Adams in Washington’s cabinet
How was this campaign different from modern campaigns?
Adams did not campaign himself, but his party promoted him throughout the country
Where did Adams fare well in the election? where did he not farewell?
Adams dominates the Northern states (pro business)
Jefferson dominates the Southern states (pro agriculture)
How was the vice president chosen?
Whoever came in second
What issue did the US start to have with France? What caused this?
- France very upset with the Jay Treaty, which supported the British at the expense of the French.
- In retaliation, the French began to seize American ships headed for Britain.
How did Adams attempt to avoid war with France?
- He sent diplomats to France to negotiate a deal with he French
- The French respond by sending diplomats to America
How did the XYZ Affair begin?
3 French diplomats demand payment from the American government before negotiations could begin.
What were the demands of the French?
a $250 thousand bribe to the French minister and a $12 million loan to the French government.
How did the US respond to this demand?
Many called for war against France
How did Adams respond?
Adams refused to declare war
What was the Quasi war?
An undeclared war was fought between American ships and French pirates for the next two years.
Why did the XYZ Affair lead to the passing of the of the Alien and Sedition Acts?
We were angry with the French
How did Adams upset both prominent political parties?
- Adams refused to declare war with France–> Federalists
- His passing of the Alien and Sedition Acts–> Jeffersonians
Who promoted the Kentucky and Virginia Resolutions?
Thomas Jefferson
What did the Kentucky and Virginia Resolutions state?
an individual state has the right to nullify a federal law
When was the Constitution signed?
September 17, 1787
What to happen after the constitution was signed?
ratification by the states
what were the two political groups that emerged?
- Federalists (pro constitution)
- Anti Federalists (Anti Constitution)
Why were some people concerned with the Constitution?
- Federal government being too powerful
- Lack of States’ rights
- no protection of individual liberties
- a government that favored the wealthy
When did the ratification debates begin?
1788-89
How many states needed to ratify it?
9
Which states were the Federalists most concerned with getting to ratify it? Why?
The “Big Four”–> VA, MA, PA, NY (They would have the most influence)
Who was Alexander Hamilton?
Founding father from NY–> becomes a leading federalist
Where did Hamilton live? How did this influence him?
NY, state government is really corrupt, it acts like a king
Which side does hamilton join?
Federalist
what is Hamilton’s major strategy?
Get support of political elites
Who does he get to join him?
James Madison and John Jay
What does hamilton’s group do?
The 3 start sending anonymous letter to the Newspaper in support of the Constitution
What are Hamilton’s groups’ writings known as?
Federalist Papers (85 total)
What are the four major themes in the Federalist Papers letters?
A. Benefits of a strong federal government
B. Criticism of Articles of Confederation
C. Support of the Constitution
D. Discussion of the costs of freedom
What state was the first to ratify the Constitution?
Delaware, 12/7/87
What number was MA?
Sixth, 2/6/88
What state was the ninth? What did this do?
NH–> constitution goes into effect, 6/21/88
When had all 13 states ratified it by?
May 1790
Why did the states ultimately Agree to ratify the Constitution?
Ones who were on the fence were influenced by the adding of the 10 Amendments to the Constitution “Bill of Rights”
What did the Bill of Rights do?
Designed to protect individual liberties and limit power of federal government.
when was the Bill of Rights ratified?
1791
What was the Purpose of the Constitution Convention?
- the goal was to revise the Articles of Confederation
- It was quickly decided to be replaced
Constitution Convention In Philadelphia
- 53 delegates met in absolute secrecy in Philly during the summer of 1787
- they met at independence hall
- on average there were about 30 delegates there everyday
- James madison was the only delegate to never miss a day
Virginia Plan
Proposed by Big States
- law-making body: Bicameral (2 houses)
- First house was elected by the people, Second was elected by the first house
Was based on population
-number of congress men determined by the states population
New Jersey Plan
Supported by smaller states
- law making body: Bicameral congress (2 houses)
- -House of Representatives–> number of reps would depend on populations
- -Senate–> each state gets 2 representatives
Slavery during the Constitution Convention
- Became an issue with the population–> in the south slavery made up 1/3 of the population
- the south Wanted them to count in their populations so they would have more votes, slaves however, could not vote.
3/5 compromise
count 3/5 of the total number of slaves as population
- 5 black= 3 whites
- slaves still could not vote
Separation of Powers
(How the government will be organized)
3 branches
1. Legislative–> A. House of reps & B. Senate (Congress makes laws)
2. Executive–> President (carries out laws)
3. Judicial–> Court System (interpret the laws)
What was the problem facing America following their victory against the British?
Needed a new government
What kind of government did the Founding Fathers want to avoid?
- nothing like the British System (Tyrannical/Controlling)
- no monarchy
What was the Americans Solution called?
Articles of Confederation
What was each new colony considered?
state
What was each new states more like?
an independent country
How was each state government different from congress?
Self Interested and not thinking on a national level
What were some powers each state had?
- each state gov is more powerful
- deal w/ foreign countries on their own
- print own money
- raise its own taxes
What type of congress is still used? What does this mean?
-Delegation gov–> each state sends reps to congress
What two branches of government were not created under the Articles?
- No judiciary Branch, No executive Branch
- 1 state 1 vote
Why did the drafters of the articles want such a weak central government?
-the drafters of the Articles felt a strong central government would be like the one in Britain
Why did they oppose an executive branch?
they felt as though that = king
There were three major problems with the Articles. What were they and why were they a problem?
A. Congress could not tax the colonies–> no federal money (no military)
B. Trade problems between states–> it was up to states to work it out on their own
C. Each state had only one vote–> a state w/ very few citizens could negate the vote of a state w/ many citizens, so the good of most people may not be protected.
why did land issues arise among the states?
- The elimination of Britain meant that the colonies won much new land
- each state claimed some of that land as theirs
what solution was reached by the states to settle land issues?
North west ordinance
How would new states be different from original states?
nothing, the new states would have the same powers and rights as the old states
for what two reasons did some Americans want to change the Articles?
Some believed that the governments were weak and there were not enough educated/experienced citizens in each state to allow states to govern themselves
Where and when do the representatives agree to meet to discuss changes?
1786, Annapolis
How many states and reps showed up for the meeting?
- only 5 states sent reps
- a total of 12 people attend
What is the only agreement made at the meeting?
To meet again in Philadelphia in 1787
Why did Shays Rebellion occur?
Citizens in Mass are angry over high taxes demanded by the state gov
-a farmer (Daniel Shays) leads an armed rebellion against the state gov
Why could the federal government do nothing about the rebellion? Why did this worry other states?
congress cannot raise funds for national army to suppress the rebellion (No fed. taxes = no $ for national army)
-worried it will happen in other states
What did shay’s rebellion convince the other states of?
The Articles need serious revision
what is the 1st (a) amendment?
Freedom of Religion
What a person can/cannot do with freedom of Religion
a person can -teach about religion in school -have voluntary prayer in public -read the bible for literary content in school -choose any religion you want -worship whom/whatever you want a person cannot -set a state religion -force people to pray -teach religious doctrine in school -break the law and claim it is your religion -deprive children of basic needs
what is the 1st (b) amendment?
Freedom of speech
What a person can/cannot do with freedom of speech
a person can -say any political belief -criticize the government -burn the flag -say/display racist/hate slogans A person cannot -make threats to commit crimes -sexually harass others -incite a riot -slander another person -commit a hate crime -use crude or vulgar language in a public form
What is the 1st (c) amendment?
Freedom of the Press
What a person can/cannot do with the Freedom of the Press
A person can -have a biased political position -criticize/make fun of the government -expose wrongs by the government -print materials considered obscene or offensive A person cannot -print libel -disclose classified info -detailed how to make certain weapons -make certain materials available to minors -advocate illegal activity
What is the 1st (D) amendment?
Freedom of Assembly
What a person can/cannot do with freedom of assembly
a person can -congregate in a public place -protest peacefully -have a parade (w permit) -parade chanting hate slogans a person cannot -protest violently -loiter -interfere w/ the publics right of way -create a safety hazard -break teen curfew
What is the 1st (E) amendment?
Right to petition the government
What a person can/cannot do with the right to petition the government
a person can -criticize the gov -express your opinion to your gov leaders -sue the gov a person cannot -make threats against gov officials -commit treason
What are the guarantees of the second amendment?
the right to bear arms
exceptions with the right to bear arms
-some weapons are prohibited throughout the country. (fully automatic machine guns, most military-grade weapons, and “sawed off” shot guns
what are the guarantees of the 3rd amendment?
No Quartering of soldiers
-gov cannot force you to house a soldier w/o your consent in time of war and peace
What are the guarantees of the 4th amendment?
No unreasonable searches and siezures
What are the exceptions of “No unreasonable searches and seizures” ?
- search warrant
- pursuant to arrest
- plain sight
- “Hot pursuit”
- emergency
- schools
what are the guarantees of the 5th amendment?
- you must be indicted by a grand jury for a capital crime
- you cannot be tried for the same offense twice (“double jeopardy”)
- you do not have to testify against yourself
- you must have due process of a law before conviction
- the government may take your land fro the public use if it pays you fair market value (eminent domain)
what are the guarantees of the 6th amendment?
- the right to a speedy trial by an impartial jury of one’s peers
- the right to confront witness against you
- the right to subpoena favorable witnesses
- the right to an attorny
what are the guarantees of the 7th amendment?
-a person who is being sued by another person for an amount greater than $20 has the right to a trial by jury
what are the guarantees of the 8th amendment?
- a person charged w/ a crime cannot be held on excessive bail
- a convicted person cannot be punished in a cruel or unusual way
what are the guarantees of the 9th amendment?
- the enumeration in the constitution, of certain rights, shall not be construed to deny or disparage other retained by the people
- just because it does not state a right, it does not mean you do not have the right.
what are the guarantees of the 10th amendment?
-any powers not given to the federal gov by the constitution or not denied to the states are reserved by the states or people.
Legislative
congress makes the laws
- approves justices
- 2/3 vote overrides veto
Judicial
interpret the laws
- can declare a law unconstitutional “Judicial review”
- can declare an act unconstitutional
Executive
carries out the laws
- can veto a bill
- appoints justices
