1
New study guide for sections 3 and 4!!!
https://docs.google.com/document/d/1yrvJMTwtkT0iv_8-u8x6zTEzTyFWjL
EXWH2Bteu0KAU/edit
^^^^^^^^^^^^^^^^^^^^^^
Does anyone have a link for an unofficial study guide for sections 3 and 4
for this class (new material that is on the final)? Thank you in advance!
Does anyone know which lecture’s slides the Electoral College map is in?
^ lecture 17 talks about the electoral college (March 10)
*Note from the creator: Hi everyone, this is an unofficial American Heritage Study guide for the
second midterm. It is collaborative, so if you have additional notes on any of these points please
add them!*
*Note from hopefully helpful contributor, I made this quizlet with good info on much of the
readings, thought it may help to toss in here!* American Heritage Midterm #2 Readings 2020
Flashcards
SECTION II: THE BIRTH (AND REBIRTH) OF THE
CONSTITUTION
-
FP: Chapter 6 (pp. 81-87)
Designing Government
Trying to solve the problem of how to avoid the tyranny/anarchy that often accompanies a
-
republic. (the republican problem)
-
The colonies were similar to ancient Greece as they were both leagues of separate
republics with friendly rivalries, cultural exchange, and similar institutions
-
The founders wanted a national government that would preserve the small cohesive republics
in each state
-
-
The confederation: a defensive alliance among sovereign governments
The articles of confederation were created to bring together all the individual colonies to
create a strong defense.
-
Weaknesses
-
Individual states were not required to follow national policy because the states were
sovereign
-
No executive
-
No power to resolve conflicts between states
-
No power to tax
2
-
-
No judiciary
-
State wars
-
Conflicts between state laws
-
State trade problems
-
States made their own international treaties
Strengths
-
Good experience
-
States acted as experimental labs
-
Led the nation through the revolutionary war
-
Ended the disputes over western lands
-
Was a product of the people
-
-
John Adams: Thoughts on government
-
Bicameral legislature
-
Executive branch
-
Useful to be a check on the legislature
-
Annual elections (weaker executive than our 4 yrs executive terms)
-
Rule of law
APT: “Political Economy” (p. 141)
-
Context: the confederation period (prior to constitution after revolution) was a time of
economic uncertainty
-
Large debts from war, trade from Britain
-
Major developments: “tensions between debtors and creditors, struggle over interstate trade,
and debate over federal taxation power.”
-
APT: James Madison, “Vices of the Political System of the United States” (pp.142-145)
●
The Vices:
1.
Failure of the states to comply with the constitutional requisitions
2.
Encroachments by the states on the federal authority
3.
Violations of the law of nations and of treaties
4.
Trespasses of the states on the rights of each other
5.
Want of concert [agreement/union] in matters where common interest requires it
6.
Want of guarantee to the states of their constitutions & laws against internal
violence
7.
Want of sanction to the laws, and of coercion in the government of the
confederacy
8.
Want of ratification by the people of the articles of confederation
9.
Multiplicity of laws in several states
10. Mutability of the laws of the states
3
11. Injustice of the laws of the states
12. Impotence of the laws of the states
●
The causes of these vices lie:
1.
In the Representative bodies
●
●
2.
1.
Ambition
2.
Personal Interest
3.
Public Good
Unhappily the first two are the most prevalent
In the people themselves
●
-
Representative appointments are sought from 3 motives -
Lack of power granted to the government by the articles of confederation
APT: Alexander Hamilton, “Letter to James Duane” (pp. 151-153)
●
There's not enough power in the government/congress to do anything
●
The nation under the articles of confederation is too weak to assemble armies or to
protect the country
●
He wanted to give the Congress the Legislature and the Executive power
●
Articles are “neither fit for war nor peace”
●
Support Constitution
●
Wanted to give the power to tax--money is what makes a strong government
The Articles of Confederation
-Articles of confederation weaknesses:
- individual states could make different international treaties, no executive power, no power to tax
by congress, no common currency, state wars, conflicts between state laws
-Articles of Confederation Strengths:
– helped start the constitution, helped in revolutionary war, ended disputes over western lands,
came from the people
-
the constitution needed 9/13 states (supermajority) to ratify it.
●
Preceded the Constitution
●
Anti-Federalists wanted revision
●
Federalists wanted to get rid of it and replace it with a stronger Constitution
●
Weak central government
4
The Constitutional Convention and the Balance between States
and the Nation (Federalism)
The Constitutional Convention●
Founding fathers gathered in Philadelphia to discuss creating a new constitution
●
Virginia Plan - (Madison/Edmund Randolph) both houses determined proportionally via
population, lower house elected by people, upper house elected by lower house. Bicameral.
●
New Jersey Plan - (William Paterson) unicameral legislature (one vote per state) One legislative
chamber instead of two.
●
The Great Compromise - (Roger Sherman) 2 senators per state (upper house/NJ plan) plus
representation by population in the House (lower house/ VA plan)
●
George Washington - represented virtue and patriotism, credited the convention
●
Benjamin Franklin - oldest there, urged supporting ratification
●
James Wilson - helped draft the Constitution
●
James Madison - wrote the Constitution
1. FP: Chapter 6 (pp. 87-98)
Great Compromise: bicameral house= house of representatives = based on population, senate = equal
representation.
-
Virginia plan
-
James Madison’s idea was for the congress representation to be based on a state’s
population. This gave lots of power to big states, and less power to little states.
-
new jersey plan
-
William Paterson said that each state should get the same amount of votes. This gives
power back to the little states.
-
Federalism would be the most brilliant achievement from the Convention
-
The compromise on slavery
-
1.
Slave trade could not be abolished for 20 years
2.
Slaves counted as 3/5ths of a person for taxation and representation
3.
Fugitive slaves were to be returned to their owners
Tell me about the legislative branch
-
-
The lower house(house of reps)
-
Represents people as a whole and would be responsive to their desires
-
Members serve for two years
The upper house(senate)
5
-
Distanced from the people
-
Serve for 6 years with staggered elections
Indirect election
-
-
-
You choose good people, then they choose good people
Enumeration of powers(10th Amendment)
-
The powers of the federal government were clearly listed and upheld. All other powers
belonged to the states
-
Checks and balances
2. APT: John Adams, “Thoughts on Government” (pp. 87-89)
●
Adams advice given to various states who were drafting new constitutions
●
Urged the creation of republican governments
●
Advocated for the creation of a “mixed government”
●
Move power from the many to the few of the most wise - aristocracy
●
Legislation should represent all interests
○
Should be divided(Bicameral)
○
Should be in miniature an exact portrait of the people at large
●
An executive with veto power, but elected annually
●
An independent judiciary, with lifetime appointments
●
(one of the greatest influences on constitution)
●
Goal of an ideal government: welfare, provided by allowing citizens sufficient liberty to achieve
happiness
*3. CR: Jennifer Selin, “How the Constitution’s Federalist Framework Is Being Tested by COVID-19”
The problems she identified are:
-
Expansion of the powers of state governors
-
Lack of commonality in how elections are administered across the country
-
Increasing partisanship arising from individual states determining how (and in some cases,
whether) to implement federal policy
-
Lack of clear accountability in matters where both the federal and state governments exercise
power
1. APT: “Citizenship and Community” (p. 126)
-
Major Developments:
-
A struggle over the establishment of the American Identity
-
Believed they were both English and American
-
Insisted they have the same rights as the British, but claimed they lived
in the New World free from corruption
6
-
Beginning effort to define what it means to be an American
-
Most viewed themselves as either from Virginia or Massachusetts rather than the
United States
-
Uncertainty over what united the states in a single country
2. APT: J. Hector St. John de Crevecoeur, “Letters from an American Farmer” (pp. 127-128)
**INDIVIDUAL RIGHTS, limited gov’t, Self-interests**
-
It doesn’t matter where you come from to be an American. It is our experiences that make us
American.
-
He is saying that all of these european people are coming together to be Americans. The
American work ethic is important. There are more opportunities to work hard and make it in life.
-
“silken bands of mild government” he likes the room for a free market and for people to make
progress. In European society, people were divided into the “great lords” and the “herd of people
who have nothing”
-
there aren’t any lords or kings (taxes, there aren’t a lot of things weighing them down) there is a
lot more religious freedom in America.
-
Europeans could become new men in America by setting aside old class distinctions
-
you are working for yourself but being united as a country.
-
Key Features: Light government and religious freedom
3. APT: John Jay, “Federalist Papers” (pp. 129-130)
-
-
John Jay’s three main points in federalist #2 **UNITY, COMMONALITY**
-
We already fought a war together; we have shared history.
-
We have a shared ancestry. (Same language, religion, and cultures)
-
The land connects us.
Why were the federalist papers written? – Response to Anti-Federalist arguments against
ratification of the Constitution
-
Federalists = you should ratify the constitution and unite the states
-
Anti-federalists = you should not ratify the constitution allow the states to be free
The Constitution
PREAMBLE VIDEO: https://www.youtube.com/watch?v=mKPmobWNJaU
The Constitution●
The s of the Constitution (FP pp. 251-58) (LEJSASR):
7
○
○
○
○
Article I: Legislative powers (Congress: House of Rep. and Senate)
■
WRITES LAWS
■
Overrides vetoes
■
Impeaches federal officials
■
Sets up agencies/programs
■
Approves judicial appoints
■
Determines # of supreme court justices
■
Impeaches justices
■
Term limits (6 years for senators, 2 years for representatives)
■
Powers of Congress
■
VP is the leader of the Senate
Article II: Executive powers (President & Cabinet)
■
CARRIES OUT LAWS
■
Veto legislation (only mentions as warning)
■
Suggests legislation
■
Calls for special sessions
■
Negotiates treaties
■
Nominates judges
■
Pardons federal offenses
■
How the Electoral College works
■
Requirements to be president - 35 years old
Article III: Judicial powers (Supreme Court)
■
EVALUATES LAWS
■
Determines constitutionality of laws
■
Interprets laws
■
Declares acts of president as unconstitutional
■
Interprets treaties
■
Doesn’t specify number of judges (determined by Congress)
Article IV: The rights/powers of the states: Includes the process to becoming a state. Old
Faith and Credit Clause Ex; driver’s license from AR still valid in UT
○
Article V: Amendments
■
○
Article VI: Supremacy clause
■
○
Outlines the process for amending or changing the constitution
Clearly states that the Constitution will be supreme over state law.
Article VII: Ratification
■
Explains the ratification process for the constitution
8
■
Lays out process by which a 9/13 majority approval is required to be binding for
the states to ratify the constitution
The Nature of the Republic
1. FP: Preamble and the Seven Articles of the United States Constitution (Appendix, pp.
251-258)
2. FP: Federalist #10 Fact10ns (Appendix, pp. 267-270)
-
James Madison said that factions are bad and that the only way to control them was to increase
the diversity of factions and thus decrease the power of each individual faction.
-
You must either control the causes or the effects.
-
Causes: make everyone think the same thing, or take away their freedom to have different
opinions--obviously not good.
-
Effects: you can “extend the sphere” of the republic (make it larger) to include more factions and
decrease each faction’s ability to form a majority.
Causes of Factions:
1.
Religion
2.
attachments to leaders
3.
Property (Most common!)
Effects of Factions:
1.
Forget each other (Forget their obligations to other people.)
2.
Extremism
3.
Tyranny
3. APT: Brutus Essays (pp. 111-119)
-
Brutus papers = antifederalists
-
Each state already had its own constitution
-
Necessary and proper clause: Congress could do whatever they deemed as “necessary and proper”
This was worrisome because it is vague and could give Congress too much power.
-
supremacy clause: (6th article of the constitution: how the constitution is the superior law.
Wanted government to do more than just to protect rights)
-
No Strong federal gov
9
-
Powerful court system
-
People w/ power seek more power. Once power is taken from the states, the states are likely to
never get it back.
-
Large republics have never worked before (Greece)
-
Too much power to tax`
-
No bill of rights
-
The judiciary had way too much power.
-
Extended Republic: too much conflict and difference of opinion, worried that leaders would be
too far removed. Federalist 10 by Madison answered this.
3 arguments for small republics:
1.
-
The Example of History
Large republics had always failed or become tyrannical (Rome)
2.
-
Diversity and the Common Good
Small republics can be united by a commitment to a common good since there is less
diversity. This makes governing easier because people come from the same social backgrounds
and political philosophies.
3.
The People and their Representatives
-
In a large republic, the people will not watch over their representatives carefully enough.
Brutus Essay 2:
-
Building analogy; need a good foundation for the country. Anti-federalists wanted to question the
foundation of the constitution in the context for future people.
-
-
Federalists said that the Articles of Confederation were too chaotic
Emphasized a Bill of Rights in this essay
An American Identity
-
Jefferson’s America: Yeoman farmers, farming, farmers are God’s people, little government
intervention
-
Hamilton’s America: big city life, more power to the government
10
Congress, the First Branch
1. FP: Chapter 7 (pp. 99-106)
2. Federalist #51 5eperate 1nterests (Appendix, pp. 271-273)
-
Madison wrote it and it's about checks and balances
-
Madison says that if men were angels we wouldn’t need government, but because we aren’t we
need auxiliary precautions: bicameral legislature, indirect elections, enumerated powers,
separation of powers, checks and balances, federalism, and extended republic.
Clip: Tarry tate office linebacker – paradigm breaking, he enforces the rules with intimidation, he tackles
any office worker who is not doing the right thing; he is ‘promoting virtue’.
Federalists v. Anti-Federalists
●
The federalist wanted the constitution to be ratified. And the Anti-federalist thought that it was
not strong enough to govern our nation and gave too much power to the nation and not enough to
the states.
●
The Anti- Federalist wanted a Bill of rights and the federalist did not.
1. APT: The Federalist Papers (pp. 94-97 & 103-107)
●
No. 1: Intentionally forming a national government is of great importance and should be done
with the greater good in mind, however that is unlikely to happen due to individual interests.
2. APT: Thomas Jefferson, “Kentucky Resolutions” (pp. 165-167)
-
Jefferson’s main point- When the national government exercises powers that are not explicitly
delegated to it, states are not bound by those actions. The specific actions that he was talking
about were the Alien and Sedition Acts (prohibited speaking ill of the government) but it applies
to other things as well.
-
Asserted that the states had power to nullify unconstitutional federal laws
-
Kentucky stated that while the A&S Acts was a constitutional violation, it would never break from
the compact it formed when it joined the union. Instead, it enters into a solemn protest against
this act to set a precedent for future perceived federal violations.
11
Federalist 10 & Federalist 51
Federalist 10- “Fact10ns”
-
James Madison wrote this discussing factions
-
He said we must control either the causes or the effects
-
To control the causes would be to either take away people’s ability to have opinions or to give
everyone the same opinion
-
To control the effects would be to either increase the number of factions (decreasing the amount
of power each had) or to diversify the factions
-
Most common cause is unequal land distribution
-
Also: attachment to different leaders and difference of opinion on religion
-
3 Problems that cause factions?
1.
Forgetting the common good= extremism + anarchy
2.
Cooperation is difficult because of different passions
3.
Capture of government control or anarchy
-
We need a strong central government and are united in common purpose
Federalist 51- “5tructures and 1nstitutions or 5eparat1on of powers”
-
Madison wrote
-
Men are not angels (cannot rely on men’s virtues), so we must create institutions to keep people in
check
-
Primary control mentioned: the people
-
Backup control: Auxiliary precautions
-
Separation of powers
-
Checks and balances
-
Veto Power
-
Impeachment
-
Appoint Judges
Federalist 2:
-
John Jay says we should have similar backgrounds, history, religion, land, language so we
can have a strong government.
The Judiciary & Federalist 78
1. FP: Chapter 9 (pp. 133-150)
12
2. APT: Federalist #78 (pp. 97-99)
-
Hamilton, responding to anti-federalists, says that the supreme court doesn’t actually have as
much power as they think it will (the antifederalists didn’t like the idea of having the supreme
court in the constitution).
-
Hamilton says that the supreme court doesn’t control the purse or the sword and so isn't actually
that powerful
-
Purse is congress w/ money (executive)
-
Sword is executive branch w/ army
-
The Court can’t actively seek to change the law. Someone must come to it.
Judicial Review:
-
supreme court can declare an act of congress as unconstitutional
-
Not found in the constitution
-
Marbury v Madison: John Adams lost the reelection Jefferson and so he tried to appoint Marbury
to the court. Madison, the new Secretary of State, did not deliver the request. Chief Justice
Marshall ruled that Madison should give the appointment to Marbury, but that the Judiciary Act
giving the Supreme Court the right to issue writs of mandamus is unconstitutional. Therefore, the
Court cannot force Madison to deliver the appointment. This sets up the precedent of judicial
review, or the idea that the Court can judge acts of Congress to be unconstitutional.
-
Midnight appointments
-
Marbury vs Madison (judicial court and the power they have to interpret the law)
The Bill of Rights
1. FP: Chapter 7 (pp. 106-111)
2. FP: The Bill of Rights (Amendments 1-10 of the Constitution, Appendix, pp. 259-260)
3. APT: Thomas Jefferson and James Madison, “Correspondence on a Bill of Rights” (pp. 123-125)
-
Jefferson thought The Bill of Rights was necessary because:
Secured our rights
A way to stand against our federal gov’t
-
Madison thought is was unnecessary because:
Some states already had bill of rights and were ineffective
It is a government of the people already - Consent is the key
By listing our rights it will narrow our rights
13
-
At the end, James Madison changed his views and thought the BoR would be necessary and saw it
as a way to fulfill the promise that was made to the AntiFederalists, but said he had to be able to
write it
4. APT: Thomas Jefferson, “Letter to a Committee of the Danbury Baptists” (p. 170)
-Strongly advocated for separation of church and state and religious freedom
The Language of Rights
-
Narrowly drafted rights vs. Broadly drafted rights
-
Grandpa’s dying wish of the word “healthy.” It can mean so many things.
-
Broad drafting: looking at constitution with a means of how should we interpret it with
ourday issues
-
Narrow drafting: interpreting it to how the founding fathers would have wanted (Amy
Coney Barrett example of interpreting narrowly)
Hamilton (Federalist Party) vs. Jefferson (Democratic Republican
Party)
-
2-party system comes from this disagreement. Hamilton established the Federalist Party, (strong
national government) different from the Federalists who supported the ratification of the
constitution.
-
Thomas Jefferson wanted the hard working farming community (self-sufficient and independent
Yeoman Farmers), he didn’t think there would be a need for a big government, they would just
live on their own and work hard. He established the Democratic-Republican Party.
-
Hamilton wanted a big city life and companies and industry, becoming a world power, he focused
on the economic part, where the big government needs to control and regulate, people needed
direction and government
-
Jefferson thought the farmers were the center of virtue in America and smaller national
governments.
Lab
1. APT: Elizabeth Cady Stanton, “Seneca Falls Declaration of Sentiments” (pp. 269-271)
-
follows the structure and mimics the wording of the declaration of independence (draws on a
previously established “language of rights”)
14
-
Follows through with a lot of grievances of women towards the oppression by men (mimics the
offenses by King George to the American people).
2. APT: Sojourner Truth, “Ain’t I a Woman” (p. 271)’
Jesus was born from the virgin Mary and God. Man had no part in Him.
Eve, a woman, was the first to eat the fruit and “turn the world upside down”. Women have the
same power to help restore the earth.
Advocated for the rights of both women and blacks
Focused more on her “ability” to be like a man than on natural rights of woman
Early Tensions and the Rise of Political Parties
1. FP: Chapter 8 (pp. 113-132)
2. FP: George Washington, “Farewell Address” (pp. 274-282)
-Denounces political parties
-Warns about foreign entanglements
-Denounces sectionalism
3. APT: “The Early National Era, 1792-1828” (pp. 159-164)
-political parties developed
-federalist party collapses
-interest in the west developed
-Lewis and Clark Expedition
-Louisiana Purchase
-Second Great Awakening and new religious ideas
-Major Developments
-reaction to the French Revolution
-experience with competitive elections
-entrenchment of constitutional checks on legislatures
-growth of religious disestablishment movement
-rise of universal manhood suffrage
4. APT: Fisher Ames, “The Mire of Democracy” (pp. 168-169)
-The voice of the people is blasphemous, and can easily be swayed by demagogues with empty
promises/ the worst blasphemy is that the voice of the people is the voice of God: we need to pay attention
only to those who know politics, not just the common people
- The framers of the Constitution "intended our government should be a republic, which differs
more widely from a democracy than a democracy from despotism."
-Republic is better than a Democracy
15
-Aristocrats should be the ones making the decisions
- Concern that we are sliding down into the mire of Democracy, it pollutes their morals before their
liberty. He is concerned about majority rule.
Two-Party Politics
Two-Party Politics- George Washington strongly advised against it. Electoral college structure actually
ended up promoting 2-party politics because the third party could never get a majority.
How is the electoral college designed? Know these details – From TA!
-
Each state has a certain number of electors which is equal to the number of senators and
members of the House (Wyoming: 3 [2 senators plus 1 HoR])
-
How the electors are chosen is determined by every state, most states have a winner take all
system! (Besides Maine and Nebraska)
How was the electoral college originally designed?
-
“If it be not perfect it is at least excellent” – Alexander Hamilton
-
Filters of consent: Starts with popular will which filters through different levels until you get to
the decisions of policy makers.
-
Policymakers reflect the founders’ view of human nature. (They want to filter people’s will so that
things don’t change just on want.)
-
- The founders wanted the smartest and brightest to pick the president. So, we would end up with
the most enlightened executive possible. (Federalist 68) (You want someone who is “free from petty
intrigues and cabals”)
How does the electoral college work now?
-
Today, electors have to vote based on the popular vote. It is no longer a filter of consent.
Math for electoral college:
-
Which candidate wins each state (winner take all, at the state level you can win with a plurality
(47%), how many electoral votes each state has, add up electoral votes each candidate gets. AT THE
NATIONAL level you need a MAJORITY!
16
-
If NO ONE gets a majority, it goes to the House of Representatives.
-
Count up all the votes to find out how many there are, and then see if any candidate gets a
MAJORITY NOT a Plurality!
Jacksonian Democracy
-
the election of Andrew Jackson the beginning of the process of democratization (removing
barriers between people and choosing what happens in government).
-
Was the first to create an actual election campaign, similar to what we see today.
-
Filters of consent – like the electoral college - were being lifted.
-
Before this, the states would allow only the wealthy to vote. Property was a voting requirement in
a lot of states.
-
Jackson made an appeal to the everyday person. Jackson was a war hero, he could relate to the
common person.
-
Allowed common people to have more access to politics
-
It is the turning point when presidential candidates make an appeal to the common people.
-
Whigs were anti-Jackson
Institutional Development and the Power of the Presidency
1. FP: Chapter 10 (pp. 151-166)
2. APT: “The Jacksonian Era, 1829-1860” (pp. 231-235)
-
Jacksonian Democrats vs Whigs
-
urbanization
3. FP: Amendments 11-12 of the Constitution (Appendix, pp. 260-261)
-
11th: Sovereign immunity; States can’t sue each other
-
-
1 and 1 or 1 vs 1 (States vs States)
12th: Vice President and President elected on same ticket
-
\1 and 2 Pres & vice pres
4. APT: Andrew Jackson, “Veto of the Bank Bill (pp. 284-287)
-
Andrew Jackson is against big government and a national bank and more in favor of the common
man
-
Appealing to the people, the common man, and against Henry Clay (the “corrupt bargain”)
5. CR: The Supreme Court of the United States, Chiafalo v. Washington
-
Most states have bound electors to vote for who the people vote for (populus vote). Unfaithful
electors can otherwise just be fined. “Faithless electors”
17
The Slavery Debate
-Pro-slave: Slavery was helpful for agriculture and manufacturing. Without slaves, they would be behind.
Extreme arguments said slaves aren’t people and don’t have rights. Said that being owned by people
allowed slaves to not have responsibilities, which was better than the life that white people who did have
responsibility (ie food/shelter for a family) had.
-Anti-slave: Lots of ideas for rights. Some used the constitution as a anti-slavery document, while others
denounced it as a document that took away fundamental human rights.
Lab
18
1. APT: Susan B. Anthony, “Is It a Crime for a Citizen of the United States to Vote?” (pp. 343-346)
-
Voted for president and was fined
-
Claims voting is an inalienable right
-
Women are citizens and should vote
2. APT: Jane Addams, “If Men Were Seeking the Franchise” (pp. 462-464)
-
What if men couldn't vote?
-
Women and men are different, but that doesn't mean women should be excluded from voting
-
Argues that the poor policies in society were caused by intrinsic male qualities
3. APT: Henry David Thoreau, “Civil Disobedience” (pp. 238-242)
-
People should disassociate from anything that was wrong, so for the government they should have
nothing to do with bad policy, and should immediately stop supporting it.
-
If the government was doing injustice then people should not pay taxes
-
“Thoreau” (throw) your support to the government away when they do things you don’t like
The Civil War and Constitutional Failure
Election of 1860: no centrist, very extreme parties. The South now felt like they had no government to
back them up so they had to fight in order to get power.
1. FP: Chapter 11 (pp. 167-182)
2. APT: John C. Calhoun, “A Disquisition on Government” (pp. 243-249)
-
Concurrent majority, meaning that the majority of all affected groups had to come to a consensus.
Voices from all conflicting interests are heard.
-
Give states veto or nullification power over federal law in their state boundaries
-
proslavery
3. APT: Frederick Douglass, “What to the Slave Is the Fourth of July?”(pp. 272-275)
-
"This Fourth of July is yours, not mine, You may rejoice, I must mourn."
-
He thought the US was hypocritical for celebrating something that not everyone had (freedom)
-
The constitution is a document that supports freeing slaves
4. APT: George Fitzhugh, “Cannibals All! Or, Slaves without Masters” (pp. 276-278)
-
Slaves are treated better than manufacturing workers in the North (and even treated better than
their masters)
-
Pro slavery (ecomonic argument)
-
Capitalism is a cruel master
-
Slavery is humane and allows checks on cruelty
-
Criticizes Jefferson and claims we are over the revolution and it was wrong of founding fathers to
declare that we are all equal (denounces Declaration of Independence)
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5. APT: James Hammond, “Speech to the Senate on Slavery” (pp. 279-281)
-
Slavery is justified and better than what the North has with factory workers
-
Pro slavery
-
Talks about superiority of South as a whole (They produced about 75% of the world’s cotton and
with the large amount of textile mills in the North, the North was somewhat blackmailed)
-
Lots of land and man power in the South and could rule the world
-
Quotes the Bible to justify his argument for slavery
-
“Cotton is king”
The War, Its Aftermath, and Its Meaning: Reconstruction and
Redemption?
1. FP: Amendments 13-15 (pp. 261-262) “13.Free 14.citizens 15.vote”
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13 ends slavery,
-
14 extends citizenship to all regardless of race & extends equal protection of law,
-
15 is the right to vote for all male citizens (connects right to vote to citizenship)
2. FP: The Gettysburg Address (p. 283) lincoln!
-
Nov. 19, 1863
-
“Four score and seven years ago…”
-
“Dedicated to the proposition of equality”
-
“A new birth of freedom, govt of the people by the people for the people.”
-
Honors the Union soldiers who fought and died at Gettysburg for American values
3. FP: Abraham Lincoln, “Second Inaugural Address” (pp. 283-284)
-
The North already knows they are going to win the war
-
The war revolves around slavery
-
Maybe the war is God’s way of punishing the US for the sin of slavery
-
We all pray to the same God for victory
-
Famous part is the ending lines: “With malice towards none and charity for all”
-
Forgives the south for the war and don’t punish them
-
Move forward together
-
Lincoln got killed though and Andrew Johnson wasn’t a strong enough leader to protect
Lincoln’s goals so the south got a little messed up
4. APT: “Secession, Civil War, and Reconstruction” (pp. 309-313)
-Lincoln’s focus is to save the Union
-Lincoln issued the emancipation proclamation
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-The end of the war and death of Lincoln col
-Andrew Johnson becomes president and isn’t concerned with black civil rights
-Southern reconstruction ends
-Major developments
-Debate over secession as expression of popular government
-Concern over willingness of electoral losers to acquiesce
-Concern over rise of regional parties
-Debate over imposition of martial law in the South
5. APT: Alexander H. Stephens, “Cornerstone Address” (pp. 334-336)
-
New constitution for superiority on slavery
-
New confederate government
-
Slavery is the cornerstone of the south
-
Grounds his claims in morality (blacks are inferior)
-
says the confederacy will be founded on the principle that the races are inherently unequal.
-
They rested upon the assumption of the equality of races. This was an error. It was a sandy
foundation, and the government built upon it fell when the “storm came and the wind blew.”
6. CR: Eric Foner, The Second Founding: How the Civil War and Reconstruction Remade the
Constitution, “Introduction: Origins of the Second Founding”
-
Introduction of the reconstruction era and the 3 amendments (13,14, & 15)
-
Why it was so important to give black men the vote and citizenship.
-
These amendments are a response to the Dred Scott Supreme Court case and the civil war.
-
The 13 amendment got rid of the idea that slavery could be extended to the west, 14 made them
th
th
th
citizens, 15 gave them the right to vote.
-
4 Rights:
●
Natural rights (inalienable rights)
●
Civil rights
●
Political rights (ancient liberty, able to vote)
●
Social rights (relationships)
7. CR: James McPherson, “BYU Forum Address”
-
sheep and wolves, negative and positive liberty
-
Negative liberty- freedom from… (less government), make own choices, NO INTERVENTION
-
Positive liberty- freedom to… ex: someone in poverty that wants to go to college but their capacity
is cut short due to money so government provides grants- INCREASED CAPACITY TO MAKE
DECISIONS
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The Legacy of Secession, Civil War, & Reconstruction
Secession and Reconstruction- Stevens imposed martial law: former confederacy members were not
allowed to participate in new civilian gov and the former slaves would be given the vote
Lab
1. APT: Lysander Spooner, “No Treason” (pp. 327-329)
-
Abolitionist, contended that slavery is inconsistent with the US Constitution (which influenced
the views of Frederick Douglas)
-
Anarchist (not as much as Thoreau though)
-
Government needs to be small
-
Negative liberty
-
Consent is key - the south hasn’t committed treason because they never consented
-
Pro-secession
-
Majority shouldn’t coerce the minority
2. APT: Charles Sumner, “The Barbarism of Slavery” (pp. 330-333)
-
Charles Sumner was beaten on the floor of the Senate by a South Carolinian politician and took
years to recover
-
senior statesman of the Republican party
-
Constitution does not recognize property in man (human bondage)
-
you cannot believe in both slavery and freedom/civilization
-
the idea of being a human being excludes the idea of being a "thing" which can be owned
-
Government should increase freedom in the nation (positive liberty)
3. APT: Thaddeus Stevens, “Speech on the Reconstruction Acts” (pp. 318-320)
-
lead efforts to reconstruct the south after the civil war
-
imposed martial law: former confederacy members were not allowed to participate in new civilian
gov and the former slaves would be given the vote
-
"Call this a free republic where four million are subjects but not citizens?"
-
no gov. can be free that does not allow all its citizens to participate in the formation and
execution of her laws
-
Positive liberty
4. CR: Jamelle Bouie, “Why Juneteenth Matters”
-
June 19, 1865, when Gen. Gordon Granger entered Galveston, Texas, to lead the Union occupation
force and delivered the news of the Emancipation Proclamation to enslaved people in the region
-
the slaves freed the slaves
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-
"Prominent slave revolts marked the turn toward immediate abolition ... fugitive slaves united all
factions of the movement and led the abolitionists to justify revolutionary resistance to slavery.”
-
Emancipation wasn’t a gift bestowed on the slaves; it was something they took for themselves, the
culmination of their long struggle for freedom
-
Positive liberty
Articles of the constitution 1-7 LEJSASR (Lazy Elephants Jump
Slow And Sit Regularly)
L- Legislative Branch (power to veto is mentioned here even though it’s an executive power)
E- Executive Branch
J- Judicial (Judicial review is NOT in the Constitution)
S- States
A- Amendments
S- Supremacy Clause
R- Ratification
Bill of rights 1-15
1- freedom of speech, press, religion, assembly, petition
2- right to bear arms
3- quartering act
4- search and seizure
5- Double Jeopardy, Due Process, Eminent Domain, Grand Jury, right to remain Silent (aka
right to not incriminate yourself) (remember them by DDEGS)
6- speedy and public trial-- CRIMINAL cases (criminal like evil 666)
7- trial by impartial jury-- CIVIL cases
8- no cruel and unusual punishment
9- Although it's not seen, it doesn't mean the right is not there. The people aren’t restricted to
only the enumerated rights in the constitution.
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10- all the rest go to the states
11- no prosecution of judicial branch outside of state boundaries, states can’t sue each other
12- Election rules and regulations, gets rid of the law that the runner up in the election becomes
vice president (put 1 and 2 on separate ballots)
13- freed slaves (Emancipation Proclamation)
14- laid out the definition of a citizen
15- equal voting for ALL men (not women yet)
*when discussing criminal jury it is referring to the 6th amendment, when talking about a civil
court, the 7th amendment is where to find that
Grandfather’s dying wish is to eat healthy right before he died:
-
Healthy means what grandpa thinks it means
-
Meaning of healthy is changing
-
Technical meaning of healthy
-
General standard of health
The Constitution● Three articles:
○ Article I: Legislative powers
■ WRITES LAWS
■ Overrides vetoes
■ Impeaches federal officials
■ Sets up agencies/programs
■ Approves judicial appoints
■ Determines # of supreme court justices
■ Impeaches justices
○ Article II: Executive powers
■ CARRIES OUT LAWS
■ Vetoes legislation
■ Suggests legislation
■ Calls for special sessions
■ Negotiates treaties
■ Nominates judges
■ Pardons federal offenses
○ Article III: Judicial powers
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●
■ EVALUATES LAWS
■ Determines constitutionality of laws
■ Interprets laws/treaties
■ Declares acts of president as unconstitutional
■ Interprets treaties
Checks and balances, separation of powers
The presidency- Until 1860, most presidents relied heavily on southern support but the election
of 1860 did not mean victory for a centrist candidate.
-What does Article 2 say the president can do? (enforce the law, veto legislative bills (this is
found in article 1), appoint supreme justices, etc.)
-Look at how the presidency has changed/grown over time. Lincoln used to call the president a
“chief clerk” - not considered as powerful as it is toFederalist papers:
FEDERALIST PAPERS:
No. 1: Intentionally forming a national government is of great importance and should be done
with the greater good in mind, however that is unlikely to happen due to individual interests.
(1ndividual 1nterests)
Federalist No. 9: Distributing power, practicing checks and balances, and maintaining direct
representation in Congress can protect us from experiencing tyranny or anarchy (like the
republic of Italy and Greece did).
(No tyranny)
Federalist #15: The analysis of the allocation of power. Hamilton suggests that states should
stand in a similar relation to each other, (although not ideal) because it is consistent and
practical. If not, states are subject to the national government, which can be dangerous and lead
to anarchy.
Federalist #17 In order to make sure the national government isn't given too much power, it is
important for the state to have power to help their people and be given responsibility.
(state power)
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Federalist Paper #23- The main purpose of this paper is to identify the principal purpose of the
Union. Hamilton says the primary purpose of the Union is the common defense of the
members, the preservation of public peace, the regulation of commerce, and the conducting of
foreign affairs. In order to create a common defense, he says there should be no limits to raising
armies.
(common d3f3ns3 (2 words, 3 e’s, so 23))
No. 39 Breakdown of where power derives from (derives both directly and indirectly for the
people) and the constitution divides power equally for federal and national government. It is
neither a federal nor a national constitution but a composition of both.
(Thorough division of power)
Federalist 46: Madison asserts that the state governments have many advantages over the federal
government in regards to securing the support of the people.
(State support > Federal Support)
Federalist #48: The constitution is carefully set up in such a way that no one department has too
much power, and power is carefully limited in both extent and duration.
Federalist #70: A unitary executive is necessary to ensure accountability in government. More
than one could cause too much tension and weaken the government.
Federalist #78: Judiciary and Legislative branches are inferior to the power of the people.
Legislature remains a "servant" to the constitution and the people who created it.
Articles of Confederation
Key principle:
state sovereignty
No executive
No judiciary
No power to tax
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State legislatures appointed 2-7 delegates to the national Congress
Each state had an equal vote (approval of 9 states usually required)
Unanimous approval of states required to amend Articles of Confederation
Limited power to …
Resolve conflicts between the states
Regulate trade between the states
Enforce decisions Conduct unified foreign policy
Problems
1. Injustice and conflict within the states
2. Lack of cooperation among the states
Conflict between the states
Conflict between the states and the national government
No united army
Amendments:
- Bill of Rights: The first 10 amendments listed. Wanted by Anti-Federalists and written
by James Madison.
1. Speech, press, assembly, petition, religion
2. Bear arms
3. U.S. government cannot house soldiers in private homes (narrow right that has
undergone lots of revision and interpretation)
4. Unreasonable search and seizure (must have warrant)
5. Rights of the accused:
a. Grand Jury
b. Due process (treated fairly; attorney)
c. Self-incrimination/ remain silent
d. Double jeopardy (cannot be charged twice for the same crime)
e. Eminent domain (the right of a government or its agent to expropriate private
property for public use, with payment of compensation.)
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6. Rights of the accused:
a. Right to speedy trial
7. Right to jury in civil cases (something exclusive to the 7th)
8. No cruel or unusual punishment
9. Enumerated Power = Rights beyond what’s listed here in the Bill of Rights
10. Additional powers reserved to the states
11. States cannot sue each other
12. President and Vice President on same ticket for first and second place
13. Ends slavery
14. Citizenship; born in the US or naturalized means you get US rights. Equal
protection clause.
15. Extends voting to Black Americans (all citizens), which helped the feminist
voting movement
Federal Government = national government
Federalism = type of government where the national gov is incharge of some things and the
states are in charge of other things
Federalists = constitutional context clues, they want to ratify the constitution
Anti-federalists = the opposite of the above
Federalist party = the people who wanted a stronger national government, wanted a national