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| Stamp Act of 1765 | (English attempt to extract tax revenues to pay for the troops being sent to defend colonial frontier) Required all printed/legal documents (including newspapers, pamphlets, advertisements, notes/bonds, leases, deeds, licenses) be printed on official paper stamped and sold by English officials= Caused protest throughout the colonies ("No taxation with representation")= Was repealed in March 1766 (because of mass protests and business/newspapers were operating without stamp) |
| Stamp Act of 1765: Protest and result | Through protest, the nonimportation agreements that colonists adoted and the Stamp Act Congress that met in October 1765, colonists took first step to independence |
| Views of one's own country's history | History, especially creation of country, tends to be glorified= Through public-school textbooks and national holidays, governments encourage heroic view of nation's past in order to promote national pride/unity= Great myths are part of process of nation building/citizenship training in every nation |
| Contemporary Americans' view on Revolutionary period | Period represents brave struggle by determined/united group of colonists against British oppression |
| Describe our nations founders: Result | Were not political theorists but were hardheaded/pragmatic in their commitments/activities= Had differing interests but did agree that a relationship of political/economic dependence on colonial power (one that did not treat them as full-fledged citizens of the empire) was intolerable= Decision to break away and fashion institutions of self-governance was the CONSEQUENCE |
| Many of those most active in the initial days of the Revolution felt... | Felt backed into a corner, their decisions forced= Reason was because imperial center in London was, for years, preoccupied with French-Indian War and thus left colonists on their own= Colonists thus enjoyed much self-rule for long time= War then ended, and British began taxing and taking back control from colonists |
| In what way did history matter for English-Colonist conflict? | A long time of light-handed colonial administration by London had produced set of expectations among colonists that later British actions violated |
| James Madison: View on Politics | Said in "The Federalist" that politics generally involves struggles among conflicting interests |
| 1776 conflicts | Conflict was between pro-Revolutionary and anti Revolutionary forces |
| 1787 conflicts | Conflict was between Federalists and Antifederalists |
| Today conflicts | Conflict is between Democrats and Republicans= Each represent competing economic/social/sectional interests |
| Political Ideas | Are the weapons developed by competing interests to further their own causes (EX: New England merchants who said "no taxation without representation" cared more about lower taxes than expanded representation) |
| Competing ideals often reflect... | Competing interests |
| American Revolution and Constitution were outgrowths and expressions of... | A struggle among economic and political forces within colonies |
| 5 sectors of society that had interests that were important in colonial politics | (1) New England Merchants= (2) Southern Planters= (3) Royalists [holders of royal lands/offices/patents]= (4) Shopkeepers/artisans/laborers= (5) Small farmers |
| 5 sectors important in colonial politics= Conflicts | Conflict over taxation, trade, and commerce |
| Colonial Elite | Consisted of southern planters, New England merchants, and royal officeholders/patent holders= Were able to maintain a political alliance that held in check the more radical forces representing shopkeepers/laborers/small farmers |
| British tax and trade policies in 1750 | They seriously threatened the interests of New England merchants and southern planters and thus split the colonial elite= This permitted radical forces to expand their political influence and set into motion events that resulted in Revolution |
| England in 1750 | Debts and other financial problems faced by British gov. forced it to search for new revenue sources= Turned to the Crown's North American colonies which paid little in taxes to the mother country |
| British government reasoned that much of its debt was due to... | Expenses it had incurred in defense of the colonies during the recent French and Indian Wars as well as to the continuing protection from Indian attacks that British forces were giving the colonists and to the protection that the British navy was giving to colonial shipping= Thus imposed MODEST taxes on colonies |
| Collecting revenues in mid-18th century | British regime had limited ways to collect revenues (Income tax was not created yet)= Most governments relied on tariffs, duties, and other taxes on commerce= The British used these types of taxes (EX: Stamp Act) |
| Income Tax | Became in the 20th century the most important source of government revenue (didn't exist during Revolutionary times) |
| Sugar Act of 1764 | Taxed sugar, molasses, and other commodities |
| Stamp Act and other taxes on commerce (i.e. Sugar Act of 1764) heavily affected... | The two groups in colonial society whose commercial interests/activities were most extensive: The New England merchants and Southern Planters |
| Merchants and planters, through saying "no taxation without representation", sought... | Wanted to organize opposition to the new taxes |
| During struggle against British tax measures, the planters and merchants... | Broke away from their Royalist allies and turned to their former opponents (i.e. shopkeepers, small farmers, laborers, artisans)= With assistance of these groups, the merchants and planters organized demonstrations and a boycott of British goods that ultimately forced the Crown to get rid of most of its new taxes |
| Boston Massacre | (Result of unrest) Confrontation between colonists and British soldiers in front of the Boston customhouse on March 5, 1770= Nervous British soldiers opened fire on the mob surrounding them (killed 5, wounded 8)= News of event spread through colonies and was used to fuel anti-British feelings |
| How did merchants and planters view the British government's decision to eliminate most of the hated taxes? How did they feel about the conflict? | Thought it represented a victorious end to their struggle with the mother country= They were eager to end the unrest they had helped arouse and they supported the British government's efforts to restore order |
| Boston Massacre: Opinions and trial | Most respectable Bostonians supported the actions of the British soldiers involved in the Massacre= In the trial, the soldiers were defended by John Adams= Adams said soldiers' actions were justified since they were provoked (all but 2 were freed) |
| Describe the more radical forces who opposed the British | The more radical forces (representing shopkeepers/artisans/laborers/small farmers) and had been mobilized/energized by the struggle over taxes and continued, while peace was being sought, to agitate for political and social change within the colonies= Were led by people like Samuel Adams who said that British power supported an unjust political/social structure within the colonies= They thus began calling for an end to British rule |
| Describe the organized resistance to the British authorities= | Unlike Collective Action (which can emerge spontaneously) the resistance required widespread support and was a series of encounters/maneuvers/confrontations that required planning, coalition building, bargaining, compromising, and coordinating (all elements of the GIVE-AND-TAKE of politics) |
| Colonial Resistance= Conflicts and Cooperation | Conflicts among colonists had to be resolved by bargaining/persuasion/force= Cooperation needed cultivation/encouragement (leadership was thus necessary) |
| Events of 1773-74 | Caused by the political strife within the colonies |
| 1773 | British government granted politically powerful East India Company a monopoly on export of tea from Britain (eliminating an important form of trade for colonial merchants)= East India Company also sought to sell the tea directly in the colonies instead of working through the colonial merchants= Severely threatened New England merchants |
| Reaction to British actions in 1773 | Merchants called on their radical supporters for help= Resulted in the Boston Tea Party of 1773 (led by Samuel Adams) |
| Importance of 1773 Events | Merchants hoped to force British government to get rid of the Tea Act but they did not support any demands beyond this one= They did not seek independence from Britain= Samuel Adams and other radicals hoped to provke the British government to take actions that would alienate its colonial supporters and pave the way for a rebellion (this was the purpose of the Boston Tea Party and it succeeded) |
| Boston Tea Party= Result | (Within 5 months of dumping tea) House of Commons passed series of acts that closed the port of Boston to commerce, changed provincial government of Massachusetts, provided for removal of accused persons to England for trial, and RESTRICTED MOVEMENT TO THE WEST (thus further alienating the southern planters who depended on access to new western lands= Colonists, in response, later formed the First Continental Congress and later the Declaration of Independence |
| Logic of British action/response following Boston Tea Party | Those in Parliament though show of force was necessary= Thought that the toleration of lawlessness and the making of concessions would only egg on the more radical elements in the colonies to take further liberties and demand further concessions= The British actions ultimately provided colonists with central point around the unhappy could rally= Radicals (like Samuel Adams) wanted more violence against British, but colonists ultimately needed Britain's political repression to create widespread support for independence |
| First Continental Congress | (Created in 1774) Assembly consisting of delegates from all parts of the colonies which called for a total boycott of British goods and, under the prodding of the radicals, began to consider the possibility of independence from British rule |
| Declaration of Independence | (Ordered to be made in 1776 by Second Continental Congress which appointed Thomas Jefferson, Benjamin Franklin, Roger Sherman, John Adams, Robert Livingston to make it) Was written by Jefferson and adopted by Second Continental Congress |
| Declaration of Independence: Philosophical Importance | Was remarkable for its assertion that certain rights ("unalienable rights") including life/liberty/pursuit of happiness could not be abridged by governments |
| Declaration of Independence: Political Importance | Was remarkable because despite differences of interest that divided the colonists along economic/regional/philosophical lines, it identified and focused on problems/grievances/aspirations/principles that might unify the various colonial groups |
| The Declaration of Independence was an attempt to... | Identify and articulate a history and a set of principles that might help to forge national unity |
| Articles of Confederation and Perpetual Union | (Adopted by Continental Congress in 1777) US first written constitution= Was not ratified by all states until 1781= Was country's operative constitution for almost 12 years (made because after US declared independence, the colonies needed to make a governmental structure) |
| What type of constitution did the Articles of Confederation create | Formed a constitution mainly concerned with limiting powers of the central government= Gave Congress little power |
| Articles of Confederation: Central Government | (Weakened central government's power) Based entirely in Congress= Was not meant to be powerful government and thus was not given an executive branch= Execution of its laws was left to individual states |
| Articles of Confederation: Congress | (Weak) Members were not much more than delegates/messengers from the state legislatures= Were chosen by state legislatures, their salaries were paid out of the state treasuries, and they were subject to immediate recall by state authorities= Each state (regardless of its size) was given 1 vote= Was given power to make war/peace, treaties/alliances, coin/borrow money, regulate trade with Native Americans= Could also appoint senior officers of the US Army= Could NOT levy taxes or regulate commerce among the states= Army officers it appointed had no army to serve in because the nation's armed forces were composed of the state militias |
| Articles of Confederation: Most unfortunate aspect | Central government could not prevent one state from discriminating against other states in the quest for foreign commerce |
| Relationship between Congress and the states under the Articles of Confederation | Similar to contemporary relationship between United Nations and its member states (a relationship where all governmental powers are retained by the states) |
| Why were the Articles of Confederation called a confederation? | Because of Article II: "each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right which is not by this Confederation expressly delegated to the US, in Congress assembled" |
| Articles of Confederation: What did it lack | No executive and judicial authority and no other means of enforcing Congress's will= If there were to be any enforcement at all, the states would do it for Congress |
| Articles of Confederation: Good or Bad | Were an inadequate institutional basis for collective action |
| The Declaration of Independence and the Articles of Confederation were not sufficient to... | Hold the nation together as an independent and effective nation-state |
| Competition among the states for foreign commerce: Result | Allowed European powers to play states against each other |
| Result of England toying with the states who were competing for foreign commerce | In 1786-87, John Adams went to negotiate new treaty with British (one that would cover disputes left over from war)= England responded by saying that because US, under Articles of Confederation, was unable to enforce existing treaties, it would negotiate with each of the 13 states separately |
| What well-to-do Americans were troubled by what? | Well-to-do Americans (i.e. New England merchants and southern planters) were troubled by influence that "radical" forces exercised in the Continental Congress and in the governments of several of the states |
| The colonists' victory in the Revolutionary War meant... | Meant end of British rule and significantly changed the balance of political power within the new states |
| As a result of the Revolution, what major segment of the colonial elite were stripped of what? | The royal land/office/patent holders were stripped of their economic and political privileges= Many of these people, along with other who considered themselves loyal British subjects, left for Canada after the British surrendered |
| Describe pre-Revolutionary elites and radicals after the war | Pre-Revolutionary elite was weakened= Pre-Revolutionary radicals were now better organized than ever before and were the controlling forces in states like Pennsylvania and Rhode Island (where they pursued economic and political policies that struck terror in hearts of the pre-Revolutionary political establishment |
| What caused Americans to consider whether their newly adopted form of gov. needed revision? | Continuation of international weakness and domestic economic turmoil |
| Institutional Arrangements | Are experiments in government that don't always work (EX: Articles) |
| The Annapolis Convention | In 1786, many state leaders accepted invitation from Virginia legislature to attend conference of representatives of all states (delegates from 5 states actually came)= Conference was 1st step towards second founding= One positive thing that came out of convention was a carefully worded resolution calling on Congress to send commissioners to Philadelphia at a later time "to devise such further provisions as shall appear to them necessary to render the Constition of the Federal Government adequate to the exigencies of the Union" (written by Alexander Hamilton who served as George Washington's secretary during Revolution, would frame the Constitution) |
| Alexander Hamilton's Resolution | Did not not necessarily imply desire to do more than improve/reform the Articles of Confederation |
| Shays's Rebellion: Importance | (If not for it, Constitutional Convention of 1787 may have never happened) Was a focal even (like the Boston Tea Party)= Concentrated attention, coordinated beliefs, produced widespread fear and apprehension, and thus convinced waverers that something was broke and needed fixing= Promoted collective action by providing politicians who had long been convinced that the Articles were flawed and insufficient with just the ammunition they needed to convince much broader public of these facts |
| Shays's Rebellion: What happened | Daniel Shays (former army captain) led mob of farmers in rebellion against government of Massachusetts= Purpose of rebellion was to prevent foreclosures on their debt-ridden land by keeping the country courts of western Massachusetts from sitting until after next election= State militia dispersed the mob but Shays and his followers, for several days, terrified state government by attempting to capture the federal arsenal at Springfield (thus provoking an appeal to Congress to help restore order)= State government regained control and captured 14 of the rebels (all pardoned)= In 1787, newly elected Massachusetts legislature granted some of farmer's demands |
| What fact during Shays's Rebellion allowed for the Constitutional Convention of 1787 to happen? | Congress, under the Confederation had been unable to act decisively in a time of crisis= This problem provided critics of the Articles of Confederation with the evidence needed to push Hamilton's Annapolis resolution through the Congress (states were thus asked to send reps to Philadelphia to discuss constitutional revision [all states sent delegates except Rhode Island]) |
| Constitutional Convention: Who attended | 29 of a total of 73 delegates selected by the state governments convened in Philadelphia in 1787= All thought about political strife, international embarrassment, national weakness, and local rebellion (wanted to fix this)= Recognized that these issues were symptoms of fundamental flaws in Articles of Confederation and thus abandoned the plan to revise the Articles and committed themselves to a second founding (2nd and ultimately successful attempt to create legitimate/effective national system)= Worked for 5 months |
| Charles Beard | (Controversial view of the framers' motives) Put forth the "economic" interpretation= Said America's founders were a collection of securities speculators and property owners whose only aim was personal enrichment= From this view, the Constitution's lofty principles were confusing/complex masks behind which the most venal interests sought to enrich themselves |
| What is the view contrary to Beard's approach? | The view that the framers of the Constitution were concerned with philosophical and ethical ideas= Framers did want to make a system of government consistent with the dominant philosophical and moral values of the day |
| What were the true motives of the founders in Philadelphia? | (Correct view is combination of Beard's view and the contrary view to Beard) Founders' interests were reinforced by their principles= The convention that drafted the US Constitution was organized by the New England merchants and souther planters= Although the delegates representing these groups did not all hope to profit personally from an increase in the value of their securities, they did (as Beard would say) hope to benefit in the broadest political and economic sense by breaking the power of their radical foes and establishing a system of gov. more compatible with their long-term economic/political interests |
| The framers of the Constitution sought to... | Create a new government capable of promoting commerce and protecting property from radical state legislatures= Also wanted to free the national government from the power of individual states and their sometimes venal and corrupt local politicians= Also hoped to make a gov. less susceptible than the existing state/national regimes to populist forces hostile to the interests of the commercial/propertied classes |
| Those for a new government fired their opening shot on May 29, 1787 when... | When Edmund Randolph of Virginia offered a resolution that proposed corrections and enlargements in the Articles of Confederation= The proposal (influenced by James Madison) was not a simple motion= Provided for virtually every aspect of a new government (Randolph later admitted it was meant to be an alternative draft constitution and did serve as the framework for the Constitution) |
| Virginia Plan | (Randolph's Proposal) Provided for a system of representation in the national legislature based on the population of each state, the proportion of each state's revenue contribution, or both (Randolph also proposed for second branch of legislature but it was to be elected by members of the first branch)= Proposal was thought to be biased in favor of larger states (since states varied in size and wealth) |
| New Jersey Plan | (Written by William Paterson) Resolution to conflict caused by Virginia Plan= Did not oppose the Virginia Plan point for point but concentrated on specific weaknesses in the Articles of Confederation (in the spirit of revision and not radical replacement of that document) |
| New Jersey Plan: Supporters | Supporters did not seriously question the convention's commitment to replacing the Articles but their opposition to Virginia Plan's scheme of representation was enough to send its proposals back to committee to be worked into a common document |
| New Jersey Plan: Who supported and what did they say | Delegates from the less populous states (Deleware, New Jersey, Connecticut, New York) said that the more populous states (i.e. Virginia, Pennsylvania, North Carolina, Massachusetts, Georgia) would dominate the new government if representation were determined by population= Smaller states argued that each state should be equally represented regardless of population |
| Issue of Representation | Threatened to wreck entire constitutional enterprise= James Wilson told small state delegates that if they wanted to disrupt the Union they should go ahead (no better time than now)= Gunning Bedford, a small state delegate (Delaware) said that small states might look elsewhere for friends if they were forced |
| Great Compromise | (a.k.a. Connecticut Compromise) Outcome of representation debates= Under the compromise's terms, in 1st branch of Congress (House of Reps.) the representatives would be apportioned according to the number of inhabitants in each state (this was what delegates from large states wanted)= In the 2nd branch (Senate) each state would have an equal vote regardless of its size (made small states happy)= Was not immediately accepted by all (EX: John Lansing and Robert Yales [very vocal delegates of small states] were so angered that they left the convention)= Was passed because compromise was better than end of Union |
| The conflicts that emerged during the Constitutional Convention were reflections of... | The fundamental differences between the slave and nonslave states (differences that set the southern planters and New England merchants against each other) |
| What did James Madison say real danger to general government was? | The great/opposing southern and northern interests of the continent= Said votes in Congress were divided by geography of the country, not size of states |
| Where did most slaves reside? How many? | Over 90% of all slaves resided in 5 states (Georgia, Maryland, North Carolina, South Carolina, Virginia) where they accounted for 30% of the total population= In some places, slaves outnumbered nonslaves by as much as 10 to 1 |
| Three-Fifths Compromise | (Agreement between northerners and southerners) Seats in the House of Reps. would be apportioned according to a "population" in which 5 slaves would count as 3 people= Slaves not allowed to vote but the number of representatives would be apportioned accordingly= Was supported by the slave states (which included some of biggest/smallest states)= Was accepted by many delegates from nonslave states who strongly supported the principle of property representation |
| Three-Fifths Compromise: What concerned many people | How much slaves would count toward a state's representation rather than whether the institution of slavery would continue |
| Slavery Issue | Most difficult issue and nearly destroyed Union= While some delegates believed slavery to be morally wrong, morality was not the issue that caused the framers to support/oppose the Three-Fifths Compromise |
| Northern Delegates: Slavery | Most opposed counting slaves in the distribution of congressional seats= Said if slaves are citizens, they should be treated like other citizens but if they are property, than why doesn't other forms of property count in representation |
| Why did Three-Fifths Compromise Pass | Southerners made it clear that if northerns refused, they would never agree to the new government |
| Political significance of the Great Compromise and the Three-Fifths Compromise | Reinforced the unity of the mercantile and planter forces that sought to create a new government= Great Compromise reassured those who feared that the importance of their own local/regional influence would be reduced by the new governmental framework= The Three-Fifths Compromise temporarily defused the rivalry between the merchants and the planters |
| Framers of the Constitution: Institutions | Understood that well-designed institutions make it easier to achieve collective goals and also affect future political outcomes |
| Constitutional framers sought a new government that... | Would be strong enough to promote commerce and protect property from radical state legislatures (i.e. Rhode Island)= This goal became basis for national control over commerce and finance as well as for both the establishment of national judicial supremacy and the effort to construct a strong presidency |
| Constitutional framers sought to prevent... | What they saw as the threat posed by the "excessive democracy" of the state and national governments under the Articles of Confederation (the framers' historical experience was important here)= Resulted in constitutional principles like bicameralism, checks and balances, staggered terms in office, and indirect election |
| Bicameralism | Division of the Congress into 2 chambers |
| Indirect Election | Selection of the president by an electoral college rather than by the boters |
| Constitutional framers lacked what power and therefore did what? | Framers lacked the power to force the states/public at large to accept the new form of government= Therefore sought to identify principles that would secure support= This goal became the basis for the constitutional provision for direct popular election of representatives and the basis for the addition of the BIll of Rights to the Constitution |
| Constitutional framers wanted to be sure that... | The government they created did not use its power to pose even more of a threat to its citizens' liberties and property rights than did the radical state legislatures they feared and despised= To prevent the new government from abusing power, framers incorporated into the Constitution such principles as the separation of powers and federalism |
| Instrumental Behavior: Framers | Came to Philadelphia united by common distaste for government under the Articles and demonstrated by Shays's Rebellion= Did not always agree/know how to proceed but they did believe that the acts of fostering commerce and protecting property could better be served by a set of institutional arrangements other than that provided by the Articles= Agreed that the institutional arrangements of government mattered for their lives and their fellow citizens= They believed that both too much democracy and governmental power were threats to the common good and felt compelled to find instruments/principles that weighed against them |
| First seven sections of Article I of the Constitution | Provide for a Congress consisting of 2 chambers (House of Reps. and Senate)= Members of the House of Reps. are given 2 year terms in office and are elected directly by the people= Members of the Senate are appointed by state legislatures (this provision was changed in 1913 by 17th Amendment) for 6 year terms (these terms are staggered so that the appointments of 1/3 of the senators expire every 2 years |
| 17th Amendment | Instituted direct election of senators |
| Constitution: Tasks of House of Reps. and Senate | Approval of each body is required for the enactment of a law= Senate has power to ratify treaties and approve presidential appointments= The House is given sole power to originate revenue bills |
| Character of the legislative branch | Directly related to the framers' major goals= House of Reps. was designed to be directly responsible to the people, to encourage popular consent for the new Constitution and to help enhance the power of the new government= To guard against excessive democracy, the power of the House of Reps. is checked by the Senate whose members are to be appointed rather than elected directly by the people and are to serve long (6-year) terms |
| Staggered terms of service in the Senate were meant to... | Make that body even more resistant to popular pressure= Because only 1/3 of the senators would be selected at any given time, the composition of the institution would be protected from changes in popular preferences transmitted by the state legislatures= This would prevent what Madison called "mutability in the public councils arising from a rapid succession of new members" |
| The structure of the legislative branch was designed to... | Contribute to governmental power, promote popular consent for the new government, and place limits on the popular political currents that many of the framers saw as a radical threat to the economic and social order |
| Section 8 of Article I | Lists the specific powers of COngress which include the authority to collect taxes, borrow money, regulate commerce, declare war, and maintain an army and navy |
| By granting Congress powers in Article I, the framers indicated that... | They intended the new government to be far more influential than its predecessor |
| By defining the new government's most important powers as belonging to Congress, the framers... | Sought to promote popular acceptance of this critical change by reassuring citizens that their views would be fully represented whenever the government exercised its new powers |
| As a further guarantee to the people that the new government would pose no threat to them, the Constitution implies that.. | Any powers not listed are not granted at all (is the doctrine of Expressed Power) |
| Expressed Power | The notion that the Constitution grants only those powers specifically expressed in its text |
| Necessary and Proper Clause | (a.k.a. Elastic Clause) Included on top of Expressed Power doctrine because framers intended to create an active/powerful government= Says that the enumerated powers are meant to be a source of strength to the national government, not a limitation on it= No new powers can be seized on by the national government without a constitutional amendment= In the absence of such an amendment, any power not enumerated is conceived to be "reserved" to the states/people |
| Article II | Provides for the establishment of the presidency= The presidential article was meant to create energy in the Executive (was what Hamilton said) in attempt to overcome the natural stalemate that was built into both the bicameral legislature and the separation of powers among the legislative, executive, and judicial branches |
| Constitution: President | Gives the president a measure of independence from the people and from the other branches of government (particularly Congress) |
| In line with the framers' goal of increased power in the national government, the president is granted... | The unconditional power to accept ambassadors from other countries= This provision amounts to the power to "recognize" other countries= President also has power to negotiate treaties (although acceptance requires approval of Senate)= Has unconditional right to grant reprieves and pardons (except in cases of impeachment)= Also has power to appoint major departmental personnel, convene Congress in a special session, and veto congressional enactments |
| Presidential Veto Power | Is formidable but is not absolute because Congress can override it by a 2/3 vote |
| The framers hoped to create a presidency that would... | Make the federal government, rather than the states, the agency capable of timely and decisive action to deal with public issues and problems= This goal is the meaning of the "energy" that Hamilton hoped to impart to the executive branch |
| The framers sought to help the president withstand... | Excessively democratic pressures by making the office subject to indirect rather than direct election (through selection by a separate electoral college) |
| Article III | Establishes the judicial branch and thus reflects the framers' preoccupations with enhancing the power of the national government and checking racial democratic impulses while guarding against potential interference with iberty and property from the new national government itself |
| Under the provisions of Article III, the framers... | Created a court that was to be literally a supreme court of the US and not merely the highest court of the national government= Most important expression of this intention was granting the Supreme Court power to resolve any conflicts that might emerge between federal and state laws |
| Supreme Court was given the right to... | Determine whether a power was exclusive to the federal government, concurrent with the states, or exclusive to the states |
| Supreme Court was assigned jurisdiction over... | Controversies between citizens of different states= Important because as country developed a national economy, it came to rely more on the federal judiciary rather than the state courts for the resolution of disputes |
| Supreme Court Judges | Given lifetime appointments to protect them from popular politics and interference by the other branches= Did not mean that the judiciary would remain totally impartial to political considerations or to the other branches for the president is to appoint the judges and the Senate is to approve the appointments |
| Congress and the Supreme Court | Congress has power to create inferior/lower courts, change the jurisdiction of the federal courts, add/subtract federal judges, and change the size of the Supreme Court |
| Judicial Review | (Is not mentioned in the constitution) Power of the courts to render the final decision when a conflict of interpretation of the Constitution or of laws arises between the courts and Congress, the courts and the executive branch, or the courts and the states= Many see judicial review as implied in the very existence of a written constitution and in the power given directly to the federal courts over all cases arising under the US constitution (Article III, Section 2) |
| Supreme Court eventually assumed the power of... | Judicial review= Assumption was based not on Constitution itself but on politics of later decades and the membership of the Court |
| Various provision in the Constitution address the framers' concern with... | National unity and power (EX: Article IV's provisions for comity [reciprocity] among states and among citizens of all states) |
| Each state is prohibited from... | Discriminating against the citizens of other states in favor of its own citizens= Supreme Court is charged with deciding in each case whether a state has discriminated against goods or people from another state |
| Constitution: State Power | Constitution restricts the power of the states in favor of ensuring that the national government holds enough power to give the country a free-flowing national economy |
| Supremacy Clause | (Article VI) Expresses the framers' concern with national supremacy= Provides that national laws and treaties shall be the supreme Law of the Land (means that all laws made under the Authority of the US are superior to all laws adopted by any state or any other subdivision and the states are expected to respect all treaties made under that authority= Also binds the officials of all state/local/federal governments to take an oath of office to support the national Constitution (means that every action taken by the US Congress must be applied within each state as though the action were in fact state law) |
| The Supremacy Clause was a direct effort to... | Keep the states from dealing separately with foreign nations or businesses |
| Article V | Establishes procedures for revising itself= Its provisions are so difficult that Americans have availed themselves of the amending process only 17 times since 1791 (when the first 10 amendments were adopted)= Many other amendments have been proposed in Congress but fewer than 40 of them have come even close to fulfilling the Constitution's requirement of a 2/3 vote in Congress and few have gotten anywhere near adoption by 3/4 of the states= Constitution can also be amended by a constitutional convention |
| Amending the Constitution through Constitutional Convention | Sometimes proponents of particular measures (such as a balanced-budget amendment) have called for a constitutional convention to consider their proposals= The convention, whatever the proposal, has the power to revise America's entire system of government |
| Any body of rules, including a national constitution, must balance... | The need to respond flexibly to changes with the caution not to be too flexible |
| An inflexible body of rules is one that... | Cannot accommodate major change= It risks being rebelled against (event where the slate is wiped clean and new rules are made) or ignored |
| An overly flexible body of rules is one that... | Is disastrous= Invites those who lose in normal everyday politics to replay battles at the constitutional level= If institutional change is too easy to accomplish, the stability of the political system becomes threatened |
| Article VII | Contains the rules for ratification of the Constitution of 1787= This provision actually violated the amendment provisions of the Articles of Confederation= It adopts a 9 state rule in place of the unanimity required by the Articles= Provides for ratification to occur in special state conventions called for that purpose rather than in the state legislatures (all the states except Rhode Island did set up state conventions to ratify the Constitution) |
| Although the Framers sought to create a powerful national government, they also wanted to... | Guard against possible misuse of that power |
| How did the Framers guard against abuse of power? | Incorporated 2 key principles into the Constitution: Separation of Powers and Federalism= 3rd set of limitations in the form of the Bill of Rights |
| Separation of Powers | Division of governmental power among several institutions that must cooperate in decision making= Most widely shared political belief (believed that power must be used to balance power) at time of founding |
| Federalism | The system of government in which a constitution divides power between a central government and regional governments |
| Bill of Rights | Added to the Constitution to help secure its ratification when opponents of the document charged that it paid insufficient attention to citizens' rights= Are the first 10 amendments to the US constitution= Ensures certain rights/liberties to the people |
| Baron de Montesquieu | Believed that power must be used to balance power= Believed that this balance was vital defense against tyranny= Wrote "The Spirit of the Laws" (which ere taken as political gospel at the Philadelphia convention) |
| Constitution: Separation of Power | Idea of the separation of powers is nowhere to be found explicitly in the Constitution but is clearly built on Articles I, II, III |
| Articles I, II, III provide for... | 3 separate and distinct branches of government= Different methods of selecting the top personnel (so that each branch is responsible to a different constituency) which is meant to produce a "mixed regime" in which the personnel of each department will develop different interests and outlooks on how to govern and different groups in society will be assured some access to governmental decision making= Checks and balances |
| Checks and Balances | System where each of the branches is given some power over the others (EX: president has power to veto legislation, Senate has power to approve presidential appointments, Supreme Court has power to review acts of Congress) |
| Separated Institutions Sharing Power | (Clever formulation of the separation of powers) System not of separated powers but of separated institutions sharing power= Thus reduces chance that power will be misused |
| Compared to Confederation principle of Articles of Confederation, federalism... | Was a step toward greater centralization of power |
| When making the Constitution, delegates agreed that they needed to place more power....without... | Place more power at the national level without completely undermining the power of the state governments= Thus devised system of 2 sovereigns: the states and the nation= Hoped that competition between the 2 would be an effective limitation on the power of both |
| Constitutional Convention: Motion to include Bill of Rights | Late in Philadelphia convention, motion was made= After brief debate (1 speech given against it and few spoke in favor), motion was unanimously urned down= Most delegates believed that because the federal government was already limited to its expressed powers, any further protection of citizens was not needed= Delegates argued that states should adopt bills of rights because their greater powers needed greater limitations= However, immediately after Constitution was ratified, there was movement to adopt a bill of rights (this is why Bill of Rights [adopted 1791] makes up first 10 amendments to Constition and is not incorporated into the body of it) |
| First hurdle faced by the new Constitution was... | Ratification by state conventions of delegates elected by the people of each state= Struggle for ratification carried out in 13 different campaigns (each involved different men, moved at different pace, and was influenced by local/national considerations) |
| Ratifying the new Constitution: Opponents | Federalists and Antifederalists faced off throughout states |
| Federalists | (Should have called themselves Nationalists but took name to appear to follow in the Revolutionary tradition) Supported the Constitution and preferred a strong national government= Were united (and better organized) in support of Constitution= Was defeated in 1789 |
| Antifederalists | Opposed the Constitution and preferred a decentralized federal government= Took their name by default in reaction to their better-organized opponents= Were divided in what they believed the alternative to the Constitution should be |
| In political life, ideals and values... | Are rarely completely divorced from some set of interests |
| In 1787, Americans were divided along... | Economic, regional, and political lines= Many well-to-do merchants and planters favored creation of a stronger central government that would have capacity to protect property, promote commerce, and keep some of the more radical state legislatures in check= Many powerful state leaders (like George Clinton) feared that strengthening the national government would reduce their own influence and status= (Each of these interests justified its position with an appeal to basic values) |
| Dry/academic discussions of topics like free trade become easier to understand when you know that... | Free trade and open markets are generally favored by low-cost producers while protectionism is the goal of firms whose costs of production are higher than the international norm |
| Even if an idea is invented and initially meant to serve an interest, once it has been articulated... | It can take on a life of its own and prove to have implications that transcend the narrow interests it was created to serve |
| Some opponents of the Constitution who criticized the absence of a bill of rights in the initial document did so with the hope... | Of blocking the document's ratification= Yet the bill of rights was added to Constitution and has proved to be the work of civil liberty in US |
| During 1960s support for extension of voting rights and massive legislative redistricting under the rubric of "one man, one vote" came from....with purpose of... | Came mainly from liberal Democrats who hoped to strengthen their own political base because the groups that would benefit most from these initiatives were overwhelmingly Democratic= The principles of equal access to the ballot and one man, one vote have a moral/political validity that is independent of the political interests that created them |
| Great political ideas.... | Surmount the interests that initially set them forth |
| First step in understanding a political value is... | Understanding why and by whom it is espoused |
| Second step in understanding a political value is... | Understanding the full implications of the idea itself (implications that may go far beyond the interests that launched it) |
| The Federalist Paper | (85 essays written under name Publius by Alexander Hamilton, James Madison, John Jay) Defended the principles of the Constitution and sought to dispel fears of a national authority |
| Antifederalists published papers that argued that... | The new Constitution betrayed the Revolution and was a step toward monarchy (most famous essays written by Robert Yates under name Brutus and published in New York Journal at same time Federalist Papers appeared)= Antifederalist view as also presented in pamphlets/letters written by a former delegate to the Continental Congress and future US senator Richard Henry Lee using the pen name "the Federal Farmer" |
| The Federal Farmer | Essays that highlight the major differences of opinion between Federalists and Antifederalists= Federalists appealed to basic principles of government in support of their nationalist vision= Antifederalists cited equally fundamental precepts to support their vision of a looser confederacy of small republics= said that laws of the remote federal government could be in many cases disregarded unless a multitude of officers/militia force be continually kept in view and employed to enforce the execution of the laws and to make the government feared and respected |
| Antifederalists: Representation | Said that representatives must be a true picture of the people possessing the knowledge of their circumstances and their wants= Argued that this could be achieved only in small/homogeneous republics such as the existing states= Felt that the size and extent of the entire nation precluded the construction of a truly representative form of government |
| Absence of true representation would mean that... | (Antifederalist view) The people would lack confidence in and attachment to the national government and would refuse to obey its laws voluntarily= RESULT: National government described by Constitution would be compelled to resort to force to secure popular compliance |
| Federalists: Representation | Did not want pure democracy and saw no reason why representatives should be precisely like those they represented= Thought government must be representative of the people but must have a measure of autonomy from the people= Ideal government was to be constructed such that it would be capable of serving the long-term public interest even if doing so conflicted with the public's current preference |
| Federalists dismissed the Antifederalist claim that the distance between... | Representatives and constituents win the proposed national government would lead to popular disaffection and compel the government to use force to secure obedience= Federalists replied that the system of representation they proposed was more likely to produce effective government |
| Competent government should... | Inspire popular trust and confidence more effectively than simple social proximity between rulers and ruled |
| Tyranny | Unjust rule by the group in power= Was an issue dividing Federalists and Antifederalists (both sides feared tyrannical rule but had different view of most likely source of tyranny and the way in which the threat was to forestalled) |
| Antifederalists: Tyranny | Thought danger was the tendency of all governments to become increasingly "aristocratic" in character with the small # of individuals in positions of authority using their stations to gain more and more power over the general citizenry= thought that the few would use their power to tyrannize the many |
| Because of Antifederalists' view of tyranny, they were critical of the features of the Constitution that... | Divorced governmental institutions from direct responsibility to the people (i.e. institutions like the Senate, executive, federal judiciary)= Federal judiciary, appointed for life, posed a particular threat |
| Federalists: Tyranny | Were not naive about the motives/purposes of individuals and took them to be no less opportunistic/self-interested than the Antifederalists did= Believed that the danger particularly associated with republican governments was not aristocracy but majority tyranny= Were concerned that a popular majority that unites from common impulse of passion/interest adverse to the rights of other citizens would destroy the rules of justice= Thought the size/extent of nation was a safeguard against tyranny |
| Federalists' opinion of Antifederalists' view on tyranny | Federalists thought that the features of the Constitution that were being attacked by the Antifederalists were the ones that offered the best hope of averting the threat of oppression |
| James Madison: Tyranny | (Federalist view) Smaller the society, fewer distinct parties/interests, the more frequently will a majority be found of the same party= Smaller the # of individuals composing a majority, the smaller the compass within which they are placed, the more easily will they concert and execute their plans of oppression= Extend sphere, you get greater variety of parties/interests, make it less probable that a majority of the whole will have a common motive to invade the rights of others= If such a common motive exists, will be more difficult for all who feel it to discover their own strength and to act in unison with each other |
| Federalists understood that in a democracy... | Temporary majorities could abuse their power= Federalists' misgivings about majority rule were reflected in the constitutional structure |
| What rules in the constitution were meant to curb majority tyranny? What do they suggest | Indirect election of senators/president, insulation of judicial branch from public, separation of powers, president's veto power, bicameral design of Congress, federal system= These features of the Constitution suggest the framers' awareness of the problems of majority rule and the need for institutional safeguards (all these rules [except indirect election of senators {changed in 1913}] exist today) |
| In what were were Federalists influenced by an understanding of history that differed from that of the Antifederalists? | Federalists believed that colonial history (to say noting of history of Greeks) showed that republican governments were often endangered by mob rule= However, Antifederalists thought that history revealed the dangers of aristocratic conspiracies against popular liberties= (History matters, but it is always subject to interpretation) |
| Governmental Power | Issue between Federalists and Antifederalists= Both opponents agreed on the principle of limited government but differed on the fundamentally important question of how to place limits on governmental action |
| Antifederalists: Governmental Power | Favored limiting/enumerating powers granted to national government in relation to both states and the people at large= Thought that the powers given to national government should be confined to certain defined national objects otherwise the national government would swallow up all power of the state governments |
| What part of the Constitution did the Antifederalists attack in regards to the issue of Governmental Power? | Attacked the supremacy clause and the necessary and proper clause as unlimited/dangerous grants of power to the national government |
| What did the Antifederalists demand in response to issue of Governmental Power? | That Bill of Rights be added to the Constitution to place limits on the government's exercise of power over the citizenry |
| Antifederalist arguments in favor of Bill of Rights | Brutus said that there are certain things that rulers should be completely prohibited from doing because if they do them they would work an injury, not a benefit to the people= Federal Farmer said that there are certain unalienable/fundamental rights which in forming the social compact ought to be explicitly ascertained and fixed |
| Federalists: Governmental Powers | Favored construction of a government with broad powers= Wanted a gov. that had capacity to defend the nation against foreign foes, guard against domestic strife/insurrection, promote commerce, expand nation's economy (Hamilton pointed out that these goals could not be achieved without allowing the government to exercise the necessary power) |
| Federalists acknowledged that every power could be abused but argued that the way to prevent misuse of power was... | NOT by depriving the government of the powers needed to achieve national goals= Said that threat of abuse of power would be controlled by the Constitution's initial checks and controls |
| James Madison: Governmental Power | (Federalist view of how constitution prevents abuse of power) Said that power surrendered by people is 1st divided between 2 distinct governments and then the portion given to each is subdivided among distinct/separate departments (thus double security arises to the rights of the people)= The different governments will control each other at the same time that both will be controlled by itself |
| Result of the Federalists' concern with avoiding unwarranted limits on governmental power | Opposed a Bill of Rights which they saw as a set of unnecessary restrictions on the government |
| Federalist's opinion of abuse of power | Understood that abuse of power was a possibility but felt that the risk had to be taken because of the goals to be achieved |
| John Rutledge | (Federalist) Said that the very idea of power included possibility of doing harm and that if the gentleman would show the power that could do no harm, he would at once discover it to be a power that could do no good |
| The Constitution has endured... | For more than 2 centuries as the framework of government but it did not do so without change= Without change, it would have become just an old text |
| Article V | Shows how framers understood need for change= Contains provisions for amendments that were thought to be an easy/regular/Constitutional way wo make changes that would occasionally be necessary because members of Congress may abuse their power and refuse their consent on the very account to admit to amendments to correct the source of abuse |
| James Madison: Amendments | Defended the amendment procedure in Article V by saying that it guards equally against that extreme facility which would render the Constitution too mutable and that extreme difficulty might perpetuate its discovered faults |
| 1789-1993: Amendments | 9,746 amendments formally offered in Congress= Congress proposed only 29 of these, and 27 of those were eventually ratified by the states |
| Constitutionally, what has happened since 1791 | First 10 amendments (a.k.a. Bill of Rights) were added and only 17 other amendments have been adopted (and 2 of them [Prohibition and its repeal] cancel each other out so there is really only 15 amendments that have been added [not including the Bill of Rights] since 1791) |
| Constitutionally, what has happened since 1868 | Despite changes in US society/economy, only 12 amendments have been adopted since the Civil War amendments in 1868 |
| Article V: 4 Methods of Amendment | (1) Passage in House and Senate by 2/3 vote then ratification by majority vote of legislatures of 3/4 (now 38) of the states= (2) Passage in House and Senate by 2/3 vote then ratification by conventions called for that purpose in 3/4 of states= (3) Passage in a national convention called by Congress in response to petitions by 2/3 (now 34) of the states and ratification by majority vote of legislatures of 3/4 of states= (4) Passage in a national convention [just like method 3] then ratification by conventions called for that purpose in 3/4 of states |
| What methods have/haven't been used for amendments | No amendment has ever been proposed by national convention and thus methods 3 and 4 have never been used= Route 2 has been used only ONCE (for the 21st Amendment [which repealed the 18th/Prohibition Amendment])= Method 1 has been used for all other amendments |
| What is it so hard to amend the Constitution? | Main reason is the requirement of a 2/3 vote in the House and Senate which means that any proposal for an amendment in Congress can be killed by only 34 senators or 146 members of the House= Also, if the necessary 2/3 vote is obtained, the amendment can still be killed by the refusal or inability of only 13 state legislatures to ratify it (because each state has an equal vote regardless of its population, the 13 holdout states may represent a very small fraction of the total American population) |
| Describe the existing Amendments | Constitution has been amended 27 times since framers finished their work= First 10 of amendments are the Bill of Rights and were added to the Constitution soon after its ratification |
| Why was the Bill of Rights added? | Federalists feared that a bill of rights would weaken the new government but were forced to commit themselves to the principle of an enumeration of rights when the Antifederalists charged that the proposed Constitution was a threat to liberty |
| What characteristic do the 27 Amendments share? | All but 2 are concerned with the structure/composition of government= This is consistent with definition of the word constitution [means "makeup or composition of a thing"]= Also consistent with concept of a constitution as being a higher law because the whole point and purpose of a higher law is to establish a framework within which government and the process of making ordinary law can take place |
| A constitution should....but shouldn't... | Should allow for legislation and public policies to take place but should NOT determine what the legislation or those public policies ought to be |
| Purpose of the Bill of Rights | Was structural in that the amendments were to give each of the 3 branchers clearer and more restricted boundaries |
| 1st Amendment | Limits power of Congress= Congress not able to make any law establishing a religion or abridging the freedom of speech/press/assembly or the right to petition the government (added because although Article I, Section 8 did say that Congress did not have these powers, this Amendment told them specifically what they could not do) |
| 2nd, 3rd, 4th Amendments | Spell out limits on the executive branch= Such limits were seen as a necessity given the abuses of executive power Americans had endured under British rule |
| 5th, 6th, 7th, 8th Amendments | Contain some of the most important safeguards for individual citizens against the arbitrary exercise of governmental power= They sought to accomplish their goal by defining the judicial branch more concretely and clearly than had been done in Article III of the Constitution |
| 5 of the 17 amendments adopted since 1791 are directly concerned with... | Expansion of the electorate= These occasional efforts to expand the electorate were made necessary by the fact that the founders were unable to establish a national electorate with uniform voting qualifications= Stalemated on that issue, the delegates decided to evade it by providing the final draft of Article I, Section 2 and later Article I, Section 4 (both of which made it so that any important expansion of the electorate would require an amendment) |
| Article I, Section 2 | Said that eligibility to vote in a national election would be the same as the qualifications requisite for electors of the most numerous branch of the State Legislature |
| Article I, Section 4 | Said that Congress would alter state regulations as to the "Times, Places, and Manner of holding Elections for Senators and Representatives |
| 6 of the 17 amendments adopted since 1791 are... | Electoral in nature but are not concerned directly with voting rights/expansion of the electorate (the 6 amendments are the 12, 14, 17, 20, 22, 25)= Are concerned with the elective offices themselves (20th, 22nd, 25th Amendments) or with the relationship between elective offices and the electorate (12th, 14th, 17th) |
| 5 of the 17 amendments adopted since 1791 have sought... | To expand or limit the powers of the national and state governments |
| 11th Amendment | Protects the states from suits by private individuals and takes away from the federal courts any power to hear suits by private individuals of one state (or foreign country) against another state |
| 3 of the 17 amendments adopted since 1791 are... | Meant to reduce state power (13th, 14th, 16th) |
| 13th Amendment | Meant to reduced state power by forever forbidding them to treat any human being as property= Abolished slavery |
| 14th Amendment | Reduce state power and expand national power |
| 16th Amendment | Expand national power= Established the power to levy an income tax (and income-tax legislation quickly followed)= Really focused on establishing the power of Congress to enact income-tax legislation (and if, later on, a majority in Congress wanted to abolish the income tax, they could also have done so by legislation rather than through the hard process of a constitutional amendment repealing the income tax) |
| 27th Amendment | Puts a limit on Congress's ability to raise its own salary |
| 18th and 21st Amendment | (18th/Prohibition Amendment was repealed by the 21st Amendment) They represent the only time where the country tried to legislate by constitutional amendment= The 18th is the only amendment that was meant to deal directly with some substantive social problem and was the only amendment ever to have been repealed |
| 13th and 16th Amendment | Both had an effect of legislation |
| The amendment process in order to get social change is/always will be... | Extremely limited |
| Through a constitution it is possible to... | Establish a working structure of government and basic rights of citizens by placing limitations/obligations on the powers of that government= Once these things are done, the real problem is how to extend rights to those people who do not already enjoy them |
| Power of the Constitution | Constitution can NOT enforce itself but it has a big influence on everyday life because a right/obligation set forth in it can become a cause of action in the hands of an otherwise powerless person |
| Why is Property one of the most fundamental/well-established rights in the US | Well established NOT because it is recognized throughout the Constitution but because legislatures/courts have made it a crime for anyone (including government) to trespass/take away property without compensation |
| Federalists vs. Antifederalists: Who won | Although Antifederalists' complaining got them the Bill of Rights (meant to limit powers of national government), Federalist vision of US won= Constitution (adopted in 1789) created framework for a powerful national government that had defended nation's interests, promoted its commerce, maintained national unity (even fought a war too keep the nation from falling apart) |
| Constitutional Framers: Analysis in terms of 5 Principles of Politics | Framers worked collectively to achieve common purpose (creation of a set of institutions that would permanently help Americans work together to achieve what the framers viewed as important political goals)= Their ideas were shaped by their historical experience and ultimately shaped history |
| Although the constitution was the product of... | A particular set of political forces, the form of government it created has significance that goes beyond the interests of its authors |
| Political Ideals in terms of the Constitution | Political ideals often change on their own and have continued, in the constitution, to shape our political lives in ways that the framers may not have expected (EX: When framers empowered COngress to regulate commerce among the states in Article I, Section 8, they could hardly have anticipated that this provision would become the basis for many of the federal government's regulatory activities in many different areas) |
| Framers gave each of the 3 branches of government... | A means of intervening in and blocking the actions of the other (i.e. Checks and Balances)= These checks and balances have often seemed to prevent gov. from getting much done (EX: 1960s, liberals were angered as they watched Congress stall presidential initiatives in area of civil rights= Later, conservatives were angered when Bill Clinton shot-down congressional efforts to enact legislation promised by the Republicans= Republicans, later, also angered when Democratic Congress punished George W. Bush) |
| All sides have vilified the....for... | All have vilified the judiciary for invalidating legislation enacted by Congress and signed by the president |
| How have checks and balances acted as brakes on the governmental process? | Groups wanting to bring about changes in policy/gov. institutions have seldom been able to bring about decisive/dramatic transformations in a short time |
| Checks and Balances have slowed...and increased... | Have slowed the pace of change and incrased the need for compromise and accommodation (EX: Groups able to take control of White House must bargain with rivals who remain entrenched on Capitol Hill= New forces in Congress deal with the influence of other forces in the executive branch and courts) |
| Who do checks and balances frustrate? However, what do they help with? | Anger those wanting change but also function as a safeguard against rash action (EX: 1950s, Congress was trying to unmask hidden/bad activities in the US [which could have led to serious erosion of US liberties if not for the checks and balances provided by the executive and courts]) |
