unit 4 test: Constitution and early nationhood

ratification

the act of signing or giving formal consent to a treaty, contract, or agreement, making it officially valid

federalism

a political system in which power is divided between national and state governments

veto: the power of the president to reject laws passed by the legislature

amendments

changes made to the Constitution

checks and balances

a system in which each branch of government has the ability to limit the power of the other branches to prevent any one branch from becoming too powerful

separation of powers

a government system in which power is divided among different branches

Bill of Rights

included important rights, antifederalists wouldn’t sign Constitution without it

reason in federalists vs. antifederalists debate about ratifying Constitution

added to limit government and prevent a strong, central government

the first 10 amendments to the Constitution

first amendment

freedom of religion, speech, press, assembly

not protected: obscenity, hate speech, threats, intimidation, commercial speech (fraud), violation of copyright, child pornography

second amendment

right to bear arms

third amendment

quartering of soldiers not required

fourth amendment

no unreasonable searches and seizures

fifth amendment

due process of law (right to remain silent)

sixth amendment

right to a fair trial

seventh amendment

right to trial by jury in civil cases (a case between two people)

eigth amendment

no cruel or unusual punishments

ninth amendment

rights not listed in the Constitution are still rights

tenth amendment

powers not given to the federal government belong to the states

Articles of Confederation

adopted by Continental Congress in 1777 - during Revolutionary War

each state sent one delegate to the capital once per year - this was the entire government

Congress could declare war and sign treaties

Congress could not impose tax or regulate trade

government was very weak (can't tax, regulate trade, enforce laws, raise army, no judicial/executive branch)

Land Ordinance of _____

1785

government sold land west of Appalachian Mountains to make money

organized land into townships

each township was divided into 36 sections

Native Americans already lived there → caused conflict

Northwest Ordinance of _____

1787

created Northwest Territory (land west of Ohio River and east of Mississippi River)

eventually divided into territories that could become states

protected civil liberties

banned slavery → divided North and South

the Constitution

Constitutional Convention wanted to revise Articles of Confederation in 1787

Based on rule by the people

elected officials represent people - not a direct democracy

3 branches - legislative (law making), executive (law enforcing), and judicial (law interpreting); separation of power

checks and balances implemented

can be amended (difficult process so isn’t changed too often)

Articles of Confederation vs. Constitution - legislative branch

AOC - one house (Congress)

Constitution - two houses (House of Representatives and Senate)

Articles of Confederation vs. Constitution - executive branch

AOC - none

Constitution - president elected by Electoral College, vide president, Cabinet

Articles of Confederation vs. Constitution - judicial branch

AOC - none

Constitution - Supreme Court, other federal courts

Articles of Confederation vs. Constitution - how delegates are chosen

AOC - members of Congress appointed annually by state legislatures

Constitution - HOR elected every two years by voters, Senate chosen by state legislatures (today elected by voters)

Articles of Confederation vs. Constitution - taxes

AOC - no power to tax

Constitution - power to tax

Articles of Confederation vs. Constitution - trade

AOC - regulates foreign trade only

Constitution - regulates foreign and interstate trade

Articles of Confederation vs. Constitution - passing laws

AOC - 9/13 states vote in favor

Constitution - majority in both houses and signed by president

Articles of Confederation vs. Constitution - power over states/individuals

AOC - power over states only

Constitution - power over states and individuals

Articles of Confederation vs. Constitution - amending

AOC - 13/13 states had to agree

Constitution - two ways to amend

Articles of Confederation vs. Constitution - raising armies

AOC - no power to raise an army

Constitution - power to raise an army

Articles of Confederation vs. Constitution - Bill of Rights

AOC - none

Constitution - none in original (first 10 amendments)

The Great Compromise/Connecticut Compromise

sometimes called “Connecticut Compromise” after Roger Sherman of Connecticut

compromise between Virginia Plan (representation based on state population/scrapped Articles of Confederation compltely) and New Jersey Plan (equal representation of states/revised Articles of Confederation)

lower house based on population (1 member per 40,000 people) and elected directly by the people - House of Representatives

upper house has two representatives from each state (100 total) and elected by state legislatures - Senate

3/5 Compromise

enslaved people count as 3/5 of a person for taxes and representation

South wanted it to count for representation and not taxes

North wanted it to count for taxes and not representation

Slave Trade Compromise

Congress had power to control trade and tax (appealed to North)

Congress couldn’t stop slave trade until 1808 (appealed to South)

executive branch

second article of Constitution

enforces/signs (or vetoes) laws, appoints people for certain positions

president, vice president, president’s Cabinet

elected every 4 years by Electoral college

requirements to become president

35+ years old, living in US for 14+ years, born in US

electoral college

the process by which the US president is elected; a group of 583 electors (number of representatives based on how many representatives in House of Representatives)

first candidate to 270 votes from Electoral College wins

president's cabinet

15 department heads, meet in Cabinet room

legislative branch

first article of Constitution

435 people

makes laws, confirms appointed officials, ratifies treaties

Congress - House of Representatives and Senate

House of Representatives

initiate revenue bills, elect president if Electoral College ties, impeach federal officials

based on population

elected every 2 years by voters in represented district

House of Representatives requirements

25+ years old, 17+ year US citizen, living in represented district

senate

confirm appointed officials, ratify treaties

2 senators per state (100 total)

elected every 6 years by state legislatures (Madison said that stabilized the states enough)

senate requirements

30+ years old, 9+ year US citizen, live in represented state

how a bill becomes law

1. starts in either house

2. goes to committee, HOR and Senate debate/make changes

3. goes to one house for changes

4. goes to other house (if loses vote process repeats)

5. goes to president

6. president can veto, pocket veto, pass, or take no action

7. Congress can override veto with 2/3 vote in both houses

judicial branch

third article of Constitution

interprets/defines laws and Constitution, settles court cases involving laws, decided how laws are applied

Supreme Court and other federal courts

9 justices on supreme court

appointed by president, confirmed by Senate

stay for life unless impeached

justice requirements

no requirements

landmark case

a court case studied and referenced due to its historical/legal significance

Tinker vs. Des Moines

students John and Mary Beth Tinker protested against American involvement in Vietnam War

wore black armbands with peace signs to school, were told to take them off and refused → got suspended

Tinkers sued school for violation of their first amendment rights

District and Court of Appeals sided with school, Supreme Court sided with Tinkers; Tinkers won

checks and balances in government

executive branch can veto/sign laws (e → l)

executive branch can appoint judges (e → j)

legislative branch can impeach president, reject/approve appointments, refuse treaties (l → e)

legislative branch can impeach judges and reject appointments (l → j)

judicial branch can declare executive acts unconstitutional (j → e)

judicial branch can declare legislative acts unconstitutional (j → l)

national government

declare war

maintain armies

regulate all trade

admit new states

establish post offices

coin money

establish foreign policy

make necessary laws

state government

establish/maintain schools

local governments

regulate business within state

marriage laws

public safety

any powers not given to federal government

national and state government

maintain law and order

levy taxes

borrow money

establish courts

provide for public

federalists

aka Hamiltonians; led by Hamilton

Alexander Hamilton, John Jay, James Madison, George Washington

sided with wealthy - taxes would effectively pay off country’s debt

wanted to advance manufacturing, national banking, urban commerce

wanted strong, central government

wanted government to be able to regulate tax and trade

believed a nation with manufacturing and agriculture was far more powerful than one with just agriculture

gave strong argument

anti-federalists

aka Jeffersonians; led by Jefferson

Thomas Jefferson, Patrick Henry, George Mason, Richard Henry Lee

not against federalism

sided with farmers - taxes were unfair and unnecessary

wanted to advance agriculture

wanted Bill of Rights

didn’t want strong, central government - thought endangered independence

negative/poor case, offered no alternatives

Hamilton vs. Jefferson on national bank/role of federal government

H: new nation needed support from the rich, will make money for government, is within provision of making needful rules/regulations → bank is allowed

J: bank not in Constitution, if government can do anything for good of US, can also do any evil → bank is not necessary

Hamilton vs. Jefferson on urban/manufacturing vs. rural/agriculture

H: encourage growth of cities, inventions, discoveries

J: future of republic depends on framing/low density living

Hamilton vs. Jefferson on virtue of “common man”

H: peple are naturally selfish and sinful, greed > virtue → trust opinions of wealthy

J: if well-informed, people can be trusted, government can rely on public’s judgement → trust opinions of all

Republicans

elephant/hawk

look to past

conservative

want economic freedom

believe world is fine as is

family relationships built on respect and fear

don’t support tax cuts

criminals/homeless chose their own likes and have no work ethic

want to help those who help themselves

want all to have a chance to succeed or fail

want aggression, war

Democrats

donkey/dove

look to future

liberal

want personal freedom

the world can be/needs to be improved

families built on trust and respect

don’t support tax cuts

criminals/homeless are victims of the system

want to help those who can’t help themselves

want an even playing field

want fairness, pacifism

how a territory becomes a state

needs: 60,000+ population, drafted state Constitution

apply/petition to become a state

new states could not allow slavery

how to amend Constitution

2/3 vote in both houses and 3/4 vote by state legislatures

OR

2/3 state legislatures request special conventions and 3/4 vote of special state conventions

how the Constitution was ratified

federalists and antifederalists debated/agreed to final draft

ratified by >3/4 of state legislatures

Jefferson

great childhood

born into family of wealthy planters

great educations

spent lots of time around privileged people

had 5,000 acre plot of farmland by age 21

anti-federalist party

Hamilton

awful childhood

born into poor merchant family

father left, mother died

orphaned by age 11

Washington's treasury secretary

federalist party

Washington

established precedents

led Continental Army in American Revolution

first US president

Washington's farewell

advised states to avoid political parties - they divided and distracted states from what actually matters

advised against long-term alliances with other countries - let existing ones thrive, no alliances with countries who have no interest in one

establishment of precedents

relied on department heads for advice → they are part of the Cabinet

Congress did not question appointments → president can select anyone

set custom for two presidential terms (until 1940)

selected Supreme Court justice from outside the bench → president can select anyone

didn’t deliver all papers regarding Jay treaty of 1975 → set executive privilege (president can withhold information from the public)

led federal troops in Whiskey Rebellion → federal law is the supreme law of the land → government can levy and implement taxes

didn’t veto bills unless against Constitution → showed executive restraint

did very little with vice president (not even Cabinet meetings) → vice president role is mainly ceremonial

Shay's Rebellion

Massachusetts set taxes to raise money

many farmers lost everything

in 1786 they rebelled

led by Revolutionary War veteran Daniel Shays

exposed weakness of government under Articles of Confederation

ultimately resulted in Constitution

Whiskey Rebellion

1791 - 1794

Hamilton imposed tax on whiskey, people rebelled

first test of federal authority

showed that government can tax

The Federalist Papers

federalist essay written by Hamilton, Madison, John Jay

explains new framework of gov and why it was needed