Unit 3: Origins of Government Flashcards
1
Q
Limited Government
A
- Government power is limited by the people. Individuals have rights that the government cannot take away.
Ex. Nobles can choose wheher or not to send their soldiers to war NOT the government
2
Q
Magna Carta
1512
A
- Helf people in power accountable
- Gave birth to Limited Government. There are some things that the government is NOT allowed to do. And the people have rights that the government CANNOT take away
- Established principels that the monarch’s power is not absolute
Ex.
- No taxation without representation (was created by nobles because they wanted more power and didn’t want to pay taxes that they didn’t agree with)
- Due process rights for he accused (everyone is due he same steps of criminal process)
- Trial by Jury (it should not be up to a King or Queen to decide innoncence it should be by peers)
3
Q
Petition of Rights
A
- Established the citizens’ right to petition (complain) to the monarch for change
- Came from the time of Hobbes (saw people murder the king)
Why is it important?
- If they are going to accurately represent us, we need to say if something is right or wrong (if you were arrested for complaining aganst higher taxes, the repreentation would have never known) Tell them what they are doing wrong
4
Q
Habeas Corpus
A
- Given by the petition fo rights
- People cannot be wrongfully imprisoned without breaking a law nad having a jury trial
- Even the monarch was included - challenged the divine right of kings APPLIED TO EVERYONE
- Kings and Queen can break laws, when it was originally thought that they were doing God’s work
- If the government punished someone there must be a good reas AND PROOOOOOOF
5
Q
English Bill of Rights
A
- Established Parliament’s power over the monarch
- John Locke time (people are good with or withou major government figure, people are good)
- The eleced Parliament has more power than the monarch does!!!!!!!!!!!!!! Big Deal, they still had power but they had to share he power with the representaives of the people
6
Q
Other Rights/Laws Established with the ENglish Bill of Rights
A
- Free Parliament elections
- No Martial law (when we have a civilian police force we have some kind of civilian power so we can vote in new people are change those in power, we cannot make change with the military and it is difficult to protest because they have a lot of weaponry
- Only Parliament can create axes (not the king and queen, this is important because Parliament was elected, the people can convince Parliament to listen to what they want, in comparison to talking to the monarchy
- No excessive bail or cruel and unusual punishments (drowining, extremely cruel punishment, burning)
- Prosecuting someone for questioning the government is illegal (free speech)(People CAN complain about the government, they can COMPLAIN and there is no punishment)
7
Q
Albany Plan of Union
Instances of Colonia Unity
A
- Colonies agree to work together for the common defense, as they don’t rust the British (their own government) to protect them
- Think Locke, RIGHT TO REBEL
- Britain had the greatest navy in he world and was so focused on proecting trade, so the colonists felt that their safety was being ignored . Especially with the war occuring
- They agreed that insead of waiting for the British Military they should instill the common defense, they decide to form their own continental army to proect themselves
8
Q
Stamp Act Congress
Instances of Colonial Unity
A
- Representatives from the colonies agree to boycott their government taxes on stamps in order to force chnge (taxed printed goods, work documents, letters, etc.)
- Think about the RIGHT TO PETITION, social contract
- A majority of Americans colonies boycoted, this is an example of colonial unity, it cost the British a LOTTTTTTT of money. They then got the stamp act overturned
- SHOWS HOW when they work together hey can get the British government to change their policies
9
Q
1st Continental Congress
A
- Philadelphia 1774 in response to the Intolerable Acts. Informed the King of the colonies’ protests and organized boycotts of British goods. Targeted the British economy in exchange for self-government
- Intolerable Acts: Passed after he Boston tea party, the government said that the port was closed until the Indian company was paid back (a lot of government had stocks in tea). Tea and the Boston Harbor was the lifeline of the British
- The relationship between America and British delegated because of the Intolerable Acts
- An example of colonial unity because people came together to change their relationships with the British, they sent a petition and an olive branch
- They went after timber and other areas because people came together to change their relationships with he British, they send a petition and an olive branch
- They went after timber and other areas because they wanted more government, because it was taken away by the people
- THERE RIGHTS WERE TAKEN AWAY SO THIS WAS TO GET THEM BACK
10
Q
2nd Continental Congress
A
- Philadelphia 1775
- Wrote and signed the Declaration of Independence. Cut the ties with Great Britain
- Established America as independent through the social conract theory - he people choose their government
11
Q
Popular Sovereignty
A
- The people are the source of political power
12
Q
Instances of Colonial Unity
2 answers
A
- Signs of a Social Contract Government
- Albany Plan of Union
- Stamp Act Congress
13
Q
July 2, 1776
A
- 2nd Continental Congress agrees to declare independence from Great Britain. Thomas Jefferson prevens his declaration for approcal. It is signed July 4, 1776, after much debae, creating a new nation
14
Q
July 4, 1776
A
- Declaration of Independence is signed, creating the United Statesof America. Key aspects of the Declaration
- All men are endowed with unalienable rights to life, liberty, and the pursuit of happiness
- Governments are creae by the people, get their power from the people, and must be dissolved by the people if it becomes abusive
15
Q
Constitution
A
- Body of fundamental laws setting out the principles, structures, and processess of their governments
- There would not be a US Constitution for several years. In the interim, each of the 13 colonies wrote and passed their own (The 13 colonies all had to rip up their royal charters and pass new constitutions to govern
16
Q
Popular Sovereignty
The 13 colonies all had to rip up their royal charters and pass new constitutions to govern. They all shared these features
A
- Government exists only with the consent of the governed
- The people hold the power and are sovereign
17
Q
Limited Government
The 13 colonies all had to rip up their royal charters and pass new constitutions to govern. They all shared these features
A
- Government power is limted by what the people agree to give up (power, freedoms, etc.)
18
Q
Civil Rights and Liberties
The 13 colonies all had to rip up their royal charters adn pass new constitutions to govern. They allshared these features
A
- The people have certain rights that the government must respect at all times
- Ex. Freedom of speech, religous (important note: tehse are state not national government protections)
19
Q
Separation of Powers and Checks and Balances
A
- Powers of government are purposefully divided among three branches and each branch has the ability to restrain the actions of the others
20
Q
The Articles of Confederation
A
- Plan for the government after the declaration
- Estavkished a “firm league of friendship” among the States
- States remained independent, but worked together for common defense and general welfare
- Ratified by 11 states in 1778, didn’t go into effect until 1781 when Maryland ratified
21
Q
Pre Everything Government Structure
A
- One branch of government: Congress, responsible for making national laws
- Each state had one vote in Congress
- No Executive (President) - Congress handled this job
- No Judicial branch or national court system
22
Q
Decision Making
A
- 9 of the 13 states had to approve a proposal before it could become law
- All the states had to agree to change an existing law
- Why is this an issue?
- Each state has different values and ideas on slavery so it is hard to get all of them to agree on one topic
23
Q
Money and Finances
A
- Congress could not create or collect taxes. Only the states could. Congress had to ask the states for money
- Congress could print and borrow money
- Each state could regulate trade with other states
- What is the biggest issue with the way the Articles deal with money?
- Constantly printing money could lead to economic instability and decrease the worth of a dollar, and borrowing money can lead to government debt
24
Q
Protection
A
- Congress could make war and peace, as well as send and receive ambassadors
- Congress could appoint military officers
- Only the states could establish militias
25
Other Powers - Congress Could
- Establish a postal syste,
- Regulate weights and measurements
- Settle disputes between the States (If they let them)
- Set the consequences for piracy
26
Early Issues with the Articles of Confederation
- States often worked against one another. Congress was not powerful enough to step in to solve issues
- States almost always refused to financially support the national government
- States made their own foreign trade agreements without permission and often without permission and often taxed each other's goods. The economy became even messier when States started printing their own money
- No unified military. Shays rebellion
- By 1787, a meeting was called in Philadelphia to address and amend the Articles
27
Creating the Constitution
- May 1787 - delegates from 12 states
- Framers: Delegates to the Constitutional Convention (people who wrote the constitution)
- George Washington as the obvious choice as the president, because of his role of leading the continental army. He accepted and presided over the convention
- James Madison was known as the "Father of the Constitution" because of his role in note-taking and writing
- Big issues already agreed upon: A more poerful national government to deal with the nation's social and economic problems, popular sovereignty, limited government, representative government, separation of power, and chacks and balances
- Changing the government can lead to fighting and the fall of democracy, but they agreed upon a few ideas
28
The need to compromise
## Footnote
3 answers
- Biggest Issue facing the delegates: How should the States be represented in Congress
- Virginia plan
- Jersey plan
- The Great Compromise
29
Virginia Plan
- 3 branches of government, including a bicameral legislature with representation based on population. Congress would be given sweeping new powers, but could be overridden by the executive and judicial branch
- This is bad for smaller states and many threatened to leave
- Bicameral: 2 houses, lower house is elected by the people, the upper house chosen by the lower house
30
New Jersey Plan
- 3 branches of government, unicameral Congress with equal state representation
- Modestly expanded powers of Congress
31
"The Great Compromise"/ Connecticut Compromise
- States represented equally in the State (2 per state) and by population in the House of Representatives (1 minimum)
- They all agreed to have three branches in the government
32
Three-Fifths Compromise
- Southern states,especially Virginia and South Carolina whose populations were over 40% slaves felt that slaves should count towards representation. Northern states argued against the topic
- All states had slavery but the Southern states had the most (they wanted the 3/5 compromise for more votes in congress)
- Slaves would be counted as 3/5ths of a person. They would also count for 3/5ths when it came to being taxed
- The South was happy about this, and the North was kind of happy because it slowed down representation in the Southern States SLAVERY WAS OFFICIALLY ADDED INTO THE CONSTIUTION
33
Commerce and Slave Trade Compromise
- Southern states worried that the more populous North would fund ways to overtac agriculture and ban the slave trade. Would not agree to give Congress any power over Commerce without protections
- Compromise: Congress forbidden from taxing exports. Congress agreed to not act on the slave trade for 20 years
- Souther States were worried that since there were SO MANY people migrating to northern states from other places that they would all work together to full get rid of slavery
34
Ratification
## Footnote
2 different positions within the 13 states
- 9/13 states had to ratify for the Constitution to become law
- Federalists
- Anti-Federalists
35
Federalists
- Supported a strong federal government
- Difficult economy and fractured State relations required a strong national government to unify the nation
36
Anti-Federalists
- Supported strong state governments. Concerned a strong federal government would lead to the same abuses faced under the King. Demanded a Bill of Right be included to protect against government
- Did not support the Constitution until a Bill of Rights was added to the Constitution
- DEMANDED a Bill of Rights
37
Argument over ratification especially intense in NY and VA
- Deleware was the first State, June 1778 Newhapshire becanne the ninth State to ratify
- Everyone felt that the government would not succeed without Virginia and New York
- Virginia was a difficult ratification. Both Virginia and New York were the largest states in the Union
- In New York Hamilton, Madison and others published The Federalist in order to sway voters. They would write personalized messages about what and why they believe in something whenever someone would ask questions
- With 11 States ratified after Virginia and NY Congress chose New York City as the temporary capital and set a state for the electoral cllege to meet
- George Washington was unanimously elected President he is what SWAYED MANY VOTERS Federalist or Anti-Federalist they wanted George Washington
