Good Luck Everyone! You’ll do great! (sleep is important too ;) good work!
Main points in BLACK, notes in RED. Thanks! Please add helpful notes to any of the
sections :)
For ease of access, the bottom pages consist of unofficial study guide 2, to aid in preparation for
cumulative final exam
Unofficial study guide 1 has been added as well
A list of core readings to know for the exam has been included between Section III and Section
II. Make sure you’re familiar with them!
Quizlet for readings:
https://quizlet.com/555461787/american-heritage-final-readings-flash-cards/?new
https://
quizlet.com/_976x5y?x=1qqшщшшt&i=tn1lk
Alternate study doc with exam questions and TA lab reviews (much of the unit 3 info wasгг
copied from this doc)
Helpful AHTG Final Study Guide
Section III: The Dynamics of Change
Readings
Week 11
Monday, November 9: Market Weaknesses and Social Change 3
1. FP: Chapter 12 (pp. 183-206)
-Market weaknesses can be classified into 6 general categories: EMPIRE
E- Externalities
M- Monopoly
P- Public goods
I- Imperfect information
R- Recesion
E- Economic Injustice
1. Imperfect Information: exchanges are made that are not beneficial because they
are not based on good information (smokers weren’t aware that cigarettes were
bad for them).
a. Government Intervention: FDA, FTC; lists of prohibited and counterfeit
goods. Created SEC (regulates stock exchange)
2. Monopoly Power: firms restrict exchange by buying out or destroying
competitors, thus allowing them to control prices, and leave some beneficial
exchanges unmade
a. Government Intervention: Antitrust laws (Standard Oil and AT&T)
implemented by Justice Department to breakup and regulate
3. Public Goods: goods consumed in common, where consumption by one
individual does not diminish the amount available to others. Businesses do not
have an incentive to provide such goods because they cannot keep people from
consuming without paying
a. EPA, National Institutes of Health, National Science Foundation, agencies
regulating public sanitation and health. National Defense.
4. Externalities: exchanges where some costs or benefits go to third parties that are
not involved in the exchange. Exchanges are sometimes made that are not
beneficial because some costs are ignored.
a. Navigation systems
5. Recession: resources left unused
a. Unemployment insurance and monetary/fiscal policies
6. Economic Inequality: society decides that the distribution of income or other
economic benefits generated by the market is unfair
a. Social security, medicare, welfare tax policy
-Terms from the chapter:
-Cartel: group of firms that acts together like a monopoly
-Economic Inequality: unequal distribution of income and wealth as a result of
competition in a market economy. Can lead to demands of government intervention to provide
economic justice
-Economic Instability: cycles of output and employment in a market economy. Full
employment and rapid growth patterns and unemployment with economic stagnation.
-Externality: third party not involved in an transaction still benefits (amazon) or is
harmed (pollution)
-Fiscal Policy: John Maynard Keynes said that the government should employ fiscal
policy to respond to economic downturns via public expenditures and taxes to offset declines in
demand and encourage customer spending.
-Free rider problem: individuals or companies benefit from a good or service that they
did not pay for. Because of this the market will underproduce that specific good or service.
-Imperfect Information: a market weakness in which the market prices of goods or
services do not reflect their true cost or value due to a lack of complete or correct information
-Monetary policy: when the Fed manipulates the money supply and interest rate to
offset or eliminate an expected decline in aggregate demand. By increasing the money supply
and pushing down interest rates, the Fed encourages economic stimulation
-Public Goods: A good or service that, if consumed by one individual, does not diminish
the amount of goods or services available to others
-Recession: actual level of output in the economy falls significantly below the output that
the economy can produce with full employment of resources
2. APT Frederick Jackson Turner, “The Significance of the Frontier in American History”
(pp. 379-382).
a. Because the frontier promotes individualism, it has been an effective way in
promoting democracy in the US and in Europe...democracy as an effective force
came with the triumph of the frontier
b. Americans gained many distinguishing characteristics from the frontier
3. CR: Gene Sperling, Economic Dignity, Chapter 2
-Theodore Roosevelt championed negative dignity (liberty), while FDR emphasized
positive dignity (liberty)
-When Sperling talks about dignity he means things like our common humanity, the
notion of equality, and how to work with things like money (being able to support your
family, etc.) He then uses a similar template that we use for positive and negative liberty,
by defining positive and negative dignity.
4. CR: The Economist, “в Segregation Still Blights the Lives of African-Americans”
- Although America has taken steps to help the African American Communities, there is
still far more separation than most people realize. Black dominated communities, where
poverty abounds, make it very difficult for children to get out of their poverty. They have
so many disadvantages, making it really hard to change their lives.
Wednesday, November 11: Morality and Markets
1. Sandel: Chapter 4, “Markets and Morals”
- Limits of Markets и я
-
-
-
-
Civic virtue (ex: self interest prioritized over good of family)
- Degradation (ex: babies become instruments for profits instead of something to
love and care for)
- Teleology (ex: family paying kids to read scriptures changes the purpose (telos) of
scriptures [to draw you closer to God, not to make money])
Market society is not good because if the only thing money could buy were fancy things,
it would be fine and doesn't matter. But when it comes to good life (health care, political
voice and influence, education), then inequality matters a great deal
Civic virtue grounds: if market thinking pervades everything, other important ways of
thinking/valuing are crowded out
Counters Brennan and Jaworski’s philosophical case for markets
2. CR: Richard V. Reeves, “Saving Horatio Alger” 15
-Current state of mobility in the US: in contrast to the american belief that overcoming poverty
and achieving success is a frequent occurrence, social mobility rates remain low in the US when
compared to other countries.
3. CR: Brennan and Jaworski, “If You May Do It for Free, You May Do It for Money”
- If you can provide a good or service for free, you can also charge money for it
-
Exceptions:
- Wrongful possession, the good or service is something you should not
have in the first place (ex. Child pornography, stolen goods)
- Incidental limits
- Selling dangerous things or something you promised not to sell
a. All people can go out and make money
i.
“It is your duty to get rich”
b. Having money will allow you to do more than having none
c. The rich man’s son should earn his living too
2. APT: William Graham Sumner, “What Social Classes Owe to Each Other” (pp. 398-404)
a. Social classes don’t owe each other anything
b. Average joe gets forgotten
i.
Funds get taxed from middle class to lower class
c. The only one to blame for poverty is yourself
d. Forgotten Man: the citizen whose taxes pay for the many programs that social
reformers want to institute
- A+ B -->C → D
A+B = progressives (social do gooders) or the government
C= forgotten man, hard working tax paying
D = lower classes, less fortunate
e. Forgotten man may be angry since he does not benefit from the government
benefits that he paid for in his taxes.
3. APT: Andrew Carnegie, “The Gospel of Wealth” (pp. 405-407)
-Ideas for wealth: leave individual wealth to families with a higher wealth tax, give it to
the public via philanthropy and estate tax, and administer during your lifetime.
-All of these aforementioned ideas are centered around community
- Live modestly and give the excess to charity
Week 12
Monday, November 16: A Newfound Government
1. FP: Chapter 13 (pp. 207-219)
2. FP: Amendments 16-21 (Appendix, pp. 262-264)
a. 16 Income tax (16=when you can start to work)
b. 17 Popular election of senators (17= “seventors”)
c. 18 No alcohol (prohibition) (18--you’re an adult but can’t drink)
d. 19 Women suffrage (the Susan B. Anthony amendment) (19=women go on
missions)
e. 20 Term end of pres & senate, senate and house assembly, vice pres after pres
dies. Biden’s term starts Jan 20 (20=Jan 20th)
f. 21 Cancels 18th amendment (21=age you can drink)
g. 22 president can only serve 2 terms (22=2 terms, limited 2 (to) 2)
3. APT: “The Progressive Era, 1901-1932” (pp. 425-431)
-Believed in government ability to correct problems in citizen’s lives. Said government
can be the solution, not always the problem.
-Used science based evidence to inform and drive activism and reform (including
psychology and the hard sciences)
-Found in both parties (Teddy Roosevelt-R and Woodrow Wilson-D). Herbert Croly and
FDR are also progressive examples.
-3 major realms of activism and reform of progressives:
1. Economic: trust-busting (Teddy Roosevelt) wanted to break up monopolies and
decrease these large corporation’s influences in the senate. Passed the 16th
amendment, which said that congress can tax income
2. Political: 17th amendment said that state legislatures can no longer choose
senators, and instead there was to be a direct election of senators. This became
an example of direct democracy, whose initiative was to put propositions on the
ballot, so people could pass the laws. The referendum of direct democracy was
that people can overturn legislature by voting .The recall was the ability to recall
elected official, who can also be voted out
3. Social/moral: 18th amendment, prohibition. This was eventually repealed by the
21st amendment. Poor houses, creating orphanages, social safety nets, and
rehab clinics
-Progressive amendments: 16-21
4. APT: Theodore Roosevelt, “The New Nationalism” (pp. 432-435)
- Government needs to control big corporations, as they are becoming too big and
keeping people on an uneven playing field. Roosevelt wanted to reduce corporations
that were dictating American life and enable individuals more freedom.
-Wanted to get rid of special privileges as well for these corporations
-Both political parties here are in favor of this progressive agenda
5. APT: Woodrow Wilson, “The New Freedom” (pp. 436-439)
-Attitude toward corporations: Woodrow Wilson worries that individual voices are being
lost in corporations, which has dire consequences for individual liberty.
- Against the banks
- the laws of this country do not prevent the strong from crushing the weak
- POSITIVE LIBERTY
- ”freedom today is something more than being left alone”
- Corporations are too powerful- the government must step in to make sure individuals
are being treated fairly
6. APT: Herbert Croly, “The Promise of American Life” (pp. 474-480)
a. Opportunities that people have are affected by things outside of their control
b. People are not starting from the same place
c. Metaphor of a marathon runner: americans have not achieved equality of
opportunity because success in the race is determined by material conditions,
such as whether or not they had proper nourishment and training, over which the
runners have no control
Wednesday, November 18: The Great Depression and the New Deal
1. FP: Chapter 13 (pp. 219-230)
2. APT: “The New Deal Era, 1933-1950” (pp. 499-504)
-Post WWI, and Americans are feeling good (early 1920s)
-Black Tuesday is when the market crashes, which caused widespread panic that led to
a mass run on the banks. This forced banks to fail as panic continued to grow (no FDIC
yet established as a safety net). The Fed wasn’t in a good position to stop this, and so
the economic downturn continued. Unemployment rose 20ish% and 185k businesses
went bankrupt while 4k banks shut down. Great depression from 1929-1933
-Election of 1932: People frustrated with Herbert Hoover (R) , FDR (D) beat the
incumbent by a long shot. Many people rejected the R party, even in the Senate and the
house.
-FDR formed a brain trust, following Keynesian economics deal (cutting taxes and
spending money). Created work progress with short term relief: CCC, FERA, PWA,
WPA.
-Long term: Government passed laws regulating the economy, which included social
security. Also included the minimum wage and the SEC (which is ultimately a bigger
government role).
-New Deal: government spending has increased significantly. Direct government action
and intervention on economic affairs
3.
APT: Herbert Hoover, “Rugged Individualism Speech” (pp. 505-507)
- Negative view of liberty, said that people should help themselves, hence the
“individualism”
- Less government
- Government should not be a player in the economic game - it should be the
umpire
- Great depression was ongoing
- Hoovervilles
4. APT: Franklin D. Roosevelt, “Commonwealth Club Address” (pp. 508-512)
-FDR sees that the role of the government in the economy is that they (the government)
may need to interfere in the economy as a last resort-- not to destroy individualism, but
to protect it. The goal of government action should be to defend public interest
-Great depression was ongoing
-Said government should have a bigger role in the economy. Policies included the New
Deal (increased government spending), establish social security, and start public works
projects to get more people back to work
5. CR: Herbert Hoover, “The Fifth Freedom”
-Fifth freedom: Economic freedom
- In response to four freedoms outlined in FDR’s four freedoms speech
Four Freedoms from FDR
-speech
-religion
-freedom from want
-freedom from fear
6. CR: Franklin D. Roosevelt, “The Second Bill of Rights”
● right to useful & remunerative job
●
●
●
●
●
●
●
right to earn enough for food, clothing & recreation
right for farmer to raise/sell products to provide for family
right for businessman to trade with freedom from unfair
competition/monopoly domination
right of family to have decent home
right to adequate medical nockal care/opportunity for good health
right to adequate protection from economic fears of old age, sickness,
accident, unemployment
right to good education
Thursday/Friday, November 19/20: LABS
1. FP: Amendment 22 (Appendix, pp. 264-265)
a. President can’t have more than two terms
2. APT: Albert Jay Nock, “Life, Liberty, and ...” (pp. 513-514)
a. First freedom, second justice
b. The states are imposing on individual freedom
3. APT: Emma Goldman, “Anarchism” (pp. 470-473)
-Anarchist
-Response to anarchy is impractical-- said that anarchy at least changes something, and
is faster than legislative action
-Said that oppressive institutions included religion, property, and government.
-The expression or fulfillment of natural law cannot be reached because of these
oppressive institutions
-Religion has overtaken the human mind, property has stifled man’s needs, and government has
enslaved man’s spirit
Week 13
Monday, November 23: America and the Post-War World
1. FP: Chapter 14 (pp. 231-246)
-George Washington: the US as isolationists in the world. Wanted to avoid foreign
alliances and permanent entanglements while still encouraging trade relationships
-James Monroe: Monroe doctrine; doesn’t make sense for America to be isolationists all
the time. Also says that Europe can no longer colonize the West, and says the US is the
protector of the west in a political sense. Examples of American imperialism- Guam and
Puerto Rico
-Manifest Destiny: the US needed to continue its expansion westward. Said that God put
the US here so we should continue our continental spread/expansion
-Examples of Manifest Destiny included Jefferson’s Louisiana Purchase and wars
to get California and parts of Texas
-WWI: Americans drawn into the war, make world safe for democracy
-WWII: Helped US economy after the war, and ended the great depression
-”The good war” as a symbol of of american virtues and values promoted
-Economic prosperity
-Baby Boom: stronger middle class, suburbs, universities begin to grow as
people came back from war
-Foreign Policy: US emerges as superpower and engages in cold war
-US begins as a potential global police force
1.
2.
3.
CR: Jill Lepore, These Truths, Chapter 12, “The Brutality of Modernity”
APT: Betty Friedan, “The Feminine Mystique” (pp. 610-612)
a. Women are having an identity crisis
b. Women want more than just being housewives and mothers
c. The Problem that has no name.
Section IV: The United States and Questions of Modernity
Week 14
Monday, November 30: Questions of Race and Inequality
-Just vs. Unjust Laws: laws that are just are consistent with God’s law and have moral
backing (City on a Hill Winthrop ideals). Laws are unjust when they degrade the human
personality, the unjust laws are made by a majority power that compels a minority group
to obey but they (the majority power) do not follow it themselves. Unjust laws are also
inflicted on groups that had no part in the making.
-Steps to a NonViolent Campaign:
1. Collect the facts
2. Negotiation
3. Self-purification
4. Direct Action
1. APT: “Equality and Status” (pp. 595-596)
2. APT: Martin Luther King, Jr., “Letter from a Birmingham City Jail” (pp. 597-601)
-MLK said that if a citizen must take the moral responsibility to disobey the law, they
must also be willing to accept the punishment for breaking the unjust law
-Was in jail for his part in leading a protest movement against segregation in Birmingham
government and businesses
-White southern ministers were critical of the movement and thought the issue of race
should be dealt with in the courts and not through protests
-This letter explained why this movement was necessary
-MLK said injustice anywhere is a threat to justice everywhere
-What is the purpose of nonviolent direct action? “Nonviolent direct action seeks to
create such a crisis and foster such a tension that a community which has constantly
refused to negotiate is forced to confront the issue. It seeks so to dramatize the issue
that it can no longer be ignored”
-In what way was this Civil Disobedience similar and different to that of Thoreau?
3.
4.
APT: Martin Luther King, Jr., “I Have a Dream Speech” (pp. 602-604)
APT: Malcolm X, “The Ballot or the Bullet” (pp. 605-609)
● Fight violence with violence
5. CR: William A. Darity, Jr. and A. Kirsten Mullen, From Here to Equality: Reparations for
Black Americans in the Twenty-first Century, Chapter 2, “The Myth of Equality” 18
-Darity and Mullen would agree with the following ideas-- that despite the civil rights act
and the election of a black president, the american dream is a myth for blacks, even
today
Wednesday, December 2: The 1960s: Freedom Redefined
1. APT: “Citizenship and Community” (p. 583)
2. APT: Young Americans for Freedom “The Sharon Statement” (p. 584)
-Authors of the sharon statement believed that the 10th amendment, which states that
powers not given to the federal government are reserved for the states or the people, is
the key to the genius of the constitution
-given by conservative students
- believe that the sole purpose of government is to protect basic rights, and if they aren't
doing this then they are diminishing liberty
- Negative liberty - freedom from external restraint
- Individual freedom comes from God
- Communism is the greatest EVIL
- Political freedom cannot exist without economic freedom
CONSERVATIVE
3. APT: Students for a Democratic Society, “The Port Huron Statement” (pp. 585-589)
- Government should take a bigger role to solve economic problems- against the sharon
statement
- FDR side - Positive Liberty - freedom to act on one’s own will
- Allocate resources based on social needs - socialism
- Democratic students
- Critique of social and political system in America
- They want peace, justice, and fairness for all
- People have unlimited potential
- The individual has so much potential, but if they mess up, the fault is within the system of
society
LIBERAL
4. CR: Jerry Rubin, “A Yippie Manifesto”
-Purpose of the long hair of the yippies is to demonstrate disrespect for America, as well
as to help yippies to recognize each other as part of the counterculture
-“Abandon the creeping meatball”
-Rules are meant to be broken, the individual should be allowed to do whatever they like
Thursday/Friday, December 3/4: LABS
-Why did Jefferson write “pursuit of happiness” instead of just “property” that Nock uses?
-Government and people are taking this out of context, individuals decide for
themselves.
-Government and freedom are just should be its concern
-Nock: positive coercion is coercing people into good things. Consequences of the
government doing this include inefficiencies and that it's expensive. Negative coercion is
when the government steps away
1. FP: Amendments 23-27 (Appendix, pp. 265-266)
•Amendment 23 (23, DC has electoral vote)
- Section1- how the district of the seat of gov appoints congress (Pres/VP electors
of number = Senators/Reps in Congress the District would have if it were the
least populous state; they’ll be considered to be electors appointed by a state for
presidential election)...?
- Section2- congress has power to enforce this article
•Amendment 24 (24, pay no more)
- Section1- failure to pay poll tax/tax doesn’t prevent you from voting in primary
election
- Section2- congress has power to enforce the article
•Amendment 25 (25, president dies)
- Section1- VP becomes president if president dies
- Section2- if VP office is vacant, pres nominates VP and is confirmed by majority
vote of House and Congress
- Section3- if president writes to Senate and House of Reps speaker that he is
unable to discharge powers and duties of his office, the VP becomes acting
president
- Section4- if VP and majority principal officers make a written declaration that the
president can’t fulfill his duties, VP immediately becomes acting president. If the
president declares no such inability exists, he reassumes position.
- Unless the VP + majority of a body responds that the President is unable to fulfill
duties in 4 days (Congress meets for 48 hours to discuss within 21 days after
receiving this. If 2/3 from both houses vote he can’t, VP becomes acting
president)
•Amendment 26 (2+6=8, 18+ can vote)
- Section1- citizens who are 18+ years can vote
- Section2- congress has power to enforce this article
•Amendment 27 (“seventors” part 2)
- No law that changes senate/house of reps’ compensation happens until an
election of representatives intervenes
2.
3.
APT: “Recent Politics, 1981-Present” (pp. 635-639)
APT: Ronald Reagan, “First Inaugural Address” (pp. 640-642)
-Ronald Reagan is elected president in 1980 by defeating incumbent Jimmy Carter at a
time when there is moderate inflation (meaning housing prices and cost of goods are
higher). America is still involved in the Cold war.
-Reagan uses his first inaugural address to talk about the good character of the
American people, and also addresses issues facing the country. Says “government is not
the solution to our problem, government is the problem”
-Addresses the american character: “we shall reflect the compassion that is so much a
part of your makeup. How can we love our country and not love our countrymen, and
loving them, reach out a hand when they fall, heal them when they are sick, and provide
opportunities to make them self-sufficient so they will be equal in fact and not just in
theory”
Themes: Populism, puritan themes, and negative liberty
-Populism: virtue, wisdom, and strength of the modern American. Compares the
common people with the elites so that Reagan could show that he wanted to
abolish these differences.
-Puritan themes: Reagan was an individualist, but also wanted American to be a
beacon to other countries
-Negative liberty: said that excessive government is the problem, and that we are
straying from the constitution at the time by smothering opportunities rather than
encouraging them.
Week 15
Monday, December 7: Contemporary Tensions
Lecture notes:
-60s: lots of political tension, an unpopular vietnam war, summer of love (hippie
gathering that showed discomfort with politics), assassination of MLK and Kennedy,
DNC protestors and police clash.
-Ideas from the 60s include moral individualism; right and wrong depend on your
individual views as a person
1. S: Chapter 9, “What Do We Owe One Another?"
-Sandel says that right and wrong are individualistic, but says that this is dangerous, as
ideas like justice become more based on just personal preferences.
-Moral individualism takes away the deeper meaning of justice; says we ought to take
responsibility for good and bad parts of our history. It is our responsibility to honor justice
by considering giving reparations to injustices done in the past as part of a celebrated
collective history.
-Embrace the good, but fix the bad stuff
-Learn all of your heritage, and build on the good things while fixing the bad
-Obligation of Solidarity: Because we belong to a group, we have duties to help other
people. Ex: we belong to a nation, and have these same obligations (of solidarity-which
means that we stand together as a nation).
- moral responsibility (3 categories)
- natural duty: universal ties we haven't chosen/aren't matter of social contract
- voluntary obligations: particular, require consent (ex: contract of honor code)
2.
obligations of solidarity: particular, don’t require consent, regarding things
that give meaning to life (as human beings, family, friends, religion)
Also have obligations from our political community
CR: Jill Lepore, These Truths, Chapter 16, “America, Disrupted”
Wednesday, December 9: City Upon a Hill?
1. S: Chapter 10, “Justice and the Common Good”
a. Kennedy said that his religion wouldn’t be an influence on his office. Obama said
his religion would.
b. Sandel says because we disagree, we must engage those disagreements as we
work out our collective decisions.
c. Possible themes for a politics of the common good:
d. Citizenship, sacrifice, service (virtue)
e. The moral limits of markets
f. Inequality, solidarity, and civic virtue
g. A politics of moral engagement
2. APT: Michael Walzer, “What Does It Mean to Be an American?" (pp. 656-659)
-Part of what being an American is includes oneness/unity and the manyness/tolerance
(all have different views and these views should be valued).
-The conflict between these oneness/unity and manyness/tolerance is reflected
often in politics.
-Discusses E. Pluribus Unum: from many, one.
-In the US symbol, the eagle is holding arrows. The symbol of this is that there is multiple
arrows (manyness) that are held together (unified)
-Says it's great to have gaps with interests, but you cannot impose your own cultures on
somebody else. Find the ground between manyness and oneness.
3. CR: Barack Obama, “Eulogy at the Funeral Service in Honor of Reverend Clementa
Pinckney” (pp. 673-676)
-God has given us the grace of being able to see what we have done wrong in the past,
and has given us the opportunity to fix things
-Take down the confederate flag because it represents slavery
-Take action now to make up for where we went wrong in the past.
-In support of Sandel’s push for solidarity
-Use God’s grace, because it has given us the chance to make things right
4.
CR: President Spencer W. Kimball, “The False Gods We Worship”
a. DON’T WORSHIP IDOLS! Affiliations can be idols, so keep your primary
affiliation with God, keep eternal perspective.
Your religious commitment will never include all aspects of a political party. Let
the eternal truths be your priority.
Concepts/Lectures
Market Weaknesses (Lecture 20) (EMPIRE for mnemonic)
● Externalities
○ Third party not directly involved in exchange is affected by the exchange
○ Price is “wrong” because external benefits/costs are not included
○ Negative externalities
■ Price is too low because negative effects aren’t included
○ Positive externalities
■ Price is too high because positive benefits aren’t included
○ Government responses
■ Define property rights (do we own the air we breathe?)
■ Tax on the negative effects
■ Regulate negative effects
● Monopoly
○ When an individual or business has significant power over prices
■ Significant control over production
○ Inequality
■ Monopolist receives greater benefits
○ Inefficiency
■ Exchanges are restricted
■ No motivation for quality products
○ Government responses
■ Regulate prices
■ Foster competition
● Public Goods
○ Some goods benefit all, even if they didn’t contribute to paying for it.
○ No one wants to pay for such goods, but this limits the economy.
○ Example: a lighthouse. You can’t stop a ship from using it, yet it is necessary for
someone to buy it.
○ Another Example: national Defense.
○ Government response
■ Pay for public goods with taxes
■ Promotes economy
● Imperfect Information
○ Having incorrect information
○ Value/cost may not be accurate
○ Both parties are not better off
○ Government responses
■ Use courts to recover damage
●
●
■ Require info labels and warnings
■ Control production and marketing of goods
Recession or Economic Instability
○ A significant decline in economic activity in a country lasting more than a few
months
○ Why do they occur?
■ Negative shock
■ Sticky wages - prices and wages don’t adjust very quickly
Economic Inequality
○ Just a natural consequence of the market, not necessarily a weakness. But it
does create undesirable circumstances and so it is classified under weaknesses.
Therefore, it is a weakness.
Morality and Markets (Lecture 21)
● Markets
○ Individual freedom over virtue, fairness, or good
○ Libertarian market
■ Allows people to exchange however they want
○ Utilitarian market
■ Can exchange freely making both parties better off (as long as it doesn’t
hurt others)
Definitions of Freedom
●
●
●
●
●
●
●
●
Civil rights questioned race relations--Jim Crow laws, legal segregation, and inequalities
○ MLK helped unify civil rights movements. Used peace and moral responsibility
○ Malcolm X said to use violence as a response to violence in order to start this
revolution (Ballot or Bullet)
Student movement questioned purpose of higher education
○ Overlapped with other ideological movements
Women’s rights/feminist movements questioned gender roles and family structure
○ Friedan said “problem that has no name”
○ Identity crisis of women locked into predetermined gender roles
Anti-war movement questioned America’s role in the world via Vietnam War
○ Also leads to larger questioning of the political system that got US in Vietnam
Counterculture questioned everything
○ Jerry Rubin and Yippies--having a way of life that is defined on your own terms
Ancient Freedom: Participating in civil duties (Greek)
Civil liberty: doing that which is good, just, and honest (John Winthrop). Contrasted with
natural liberty/natural man, who just do what they want
Negative freedom: freedom from… (government influences)
●
●
○ Means the absence of government
Positive freedom: freedom to... (capabilities to pursue happiness often granted by the
government)
○ Resources to help you pursue opportunities like education, which helps you to do
more things in life.
Radical freedom: liberation from external authority
○ Counterculture pushing back against external influences like cultural norms,
religion, and parent’s expectations
Questions
Trevor enjoys reading information on Wikipedia, a free encyclopedia available to all. The
encyclopedia is dependent on donations from its readers, but Trevor never donates because he
does not think he needs to. Trevor’s situation best reflects which of the following course
principles?
●
●
●
●
Economic Inequality
The Free-Rider Problem
Externality
Economic Instability
What role did the market play in the “wrongness” of involuntary slavery in the United States
according to Brennan and Jaworski in Markets Without Limits?
A. The involuntary servitude of human beings was wrong, independent of market
involvement. The market did not introduce “wrongness” into the institution of
slavery.
B. The market enhanced the commoditization of the slaves, thereby classifying them as
merely a possession to be bought and sold.
C. The market introduced a greater demand for slaves in the United States, thereby
increasing the number of individuals trapped in involuntary servitude.
D. The market put a price on human life, thereby disrespecting its sanctity.
In The Promise of American Life, Croly discusses the difference between equal rights and equal
opportunity to exercise rights. Which of the following examples best encapsulates that
distinction?
(A) Under the original U.S. Constitution, enslaved African-Americans were not allowed
to vote, but still counted as ⅗ of a person for representation in Congress.
(B) Following the Civil War, the 13th Amendment freed slaves but did not grant them
citizenship.
(C) The passage of the 15th Amendment gave male African-American citizens
voting privileges, but literacy tests often blocked their access to the polls.
(D) In 1896, the Supreme Court ruled that states could enforce segregation so long as
they provided equal accommodations for all races.
Which of the following responses would Herbert Hoover most likely have to the adoption of
Keynesian economic principles in the United States?A. He would reject it, believing that any role of the government in the economy should
simply be limited to controlling market weaknesses such as recession.
B. He would accept it, believing that material equality was the long-term goal of American
society.
C. He would reject it, citing the lack of constitutional support for increased
government involvement in the economy, especially in a time of peace.
D. He would accept it, arguing that the government would not act in any way to suppress
freedom
In Martin Luther King’s Letter from a Birmingham Jail, Dr. King suggests that the “Negro’s great
stumbling block in his stride toward freedom is...the white moderate”. Which of the following
situations best represents why King responded this way?
1. Dixie, along with other white voters, recognizes that many laws in her home state are
unjust and hopes that they can be changed. However, she believes that peace and
order are the highest priority and therefore opposes breaking laws in the process.
2. Maria, along with many other white voters, is ambivalent to the Civil Rights cause and
unaware of its advances.
3. John, along with other white voters, has compassion for the Civil Rights cause, but he
prioritizes other policy issues that he believes will benefit him directly.
4. Paul does not believe that racism exists in the United States, and therefore has little
motivation to change laws or support protests associated with the Civil Rights
movement.
Which of the following accurately expresses a critique that the authors of the Port Huron
Statement had of America in the 1960s?
1. The Republican Party had dominated politics for too long and focused American growth
on a purely conservative agenda
2. Concentrated wealth left economic power under the control of large corporations that
did not favor the public good
3. Economic redistribution policies begun during the New Deal were no longer necessary
given the growth of the economy following WWII
4. Universities were too idealistic and failed to prepare students for jobs in the global
market
5. None of the above
In Justice, Sandel makes the case for three different kinds of moral obligations. How are each of
these obligations derived and how does their existence contribute to a “good society”? (150
words or less)
In “What does it mean to be an American?,” Walzer proposes a unique interpretation of the
American identity. How does Walzer's view compare with that of John Jay as expressed in
Federalist 2?
1. Jay’s notion of America was built on a common ancestry and history, Walzer explicitly
rejects this notion by highlighting how different cultures come together to form a
united nation
2. Jay felt America was a mixing pot of different nationalities, Walzer felt that the
assimilation that Jay advocated for corrupted the liberal values of the american
experience
3. Jay believed that to be American meant focusing on republican values looking beyond
individual differences in order to preserve the greater good, Walzer asserts that there is
no greater good than the individual
4. Jay contended that to be American meant to take advantage of the opportunity that the
new world offered, Walzer builds on this notion by explaining how different groups can
be “Americans” in different ways.
●
Core Readings From Previous Units
1. John Winthrop, “Little Speech on Liberty”
●
Winthrop was a puritan
●
Natural liberty: “makes men to grow more evil.” Men are free to do what they please,
regardless of the morality of their actions--natural man.
●
Civil Liberty: People are free to do that which is good, just, and honest. Civil liberty
comes from Plato’s ideal republic, garden of eden, new jerusalem ideals.
●
“Conclusion: The best way to preserve our civil liberties is to uphold and honor
authority. If we quietly and cheerfully subject ourselves to civil liberty, such as Christ
allows us, it will be for our own good. If the magistrates fail honestly at any time, you
should advise them. Since they are doing their best to follow God’s laws, the magistrates
will hearken good advice. In this way, upholding and honoring the power of authority
will preserve your liberties.”
2. Main arguments from Michael Sandel
3. Main arguments from Brennan and Jaworski
-
Nothing is worth as much as time
-
Money is worth spending on just about everything
4. Founding Documents: Declaration of Independence, Constitution, Amendments
●
The declaration asserts the equality of all individuals, while the Constitution does not
necessarily treat all individuals as politically equal
5. James Madison, “The Vices of the Political System of the United States”
●
Madison’s concerns with the Articles of Confederation
●
“Multiplicity of laws”-- different states had too many laws, couldn’t keep track of them
all
●
“Mutability of laws” -- state laws were constantly changing
●
“Injustice of the laws” -- principles of rule of law that weren’t being upheld
●
“Impotence of the laws” -- laws weren’t effective
6. Brutus
●
Brutus papers were part of the anti-federalist movement
○
Said that each state already had its own constitution
○
Worried about the necessary and proper clause, which said that congress could
do whatever they deemed “necessary and proper”. This was worrisome because it
is vague and could give congress too much power.
○
Supremacy clause: worried about the 6th article of the constitution, and how it
said that the constitution is the superior law of the land. Really wanted the
government to do more than just protect rights.
○
Thought a strong federal government would mean weak states
○
Large republics had never worked before (Greece and Rome)
○
No bill of rights
○
Extended Republic: too much conflict and difference of opinion, worried that
leaders would be too far removed from the people to be held accountable.
Federalist 10 by Madison answered this concern.
●
Brutus Essay 2:
○
Building analogy: need a good foundation for the country. The anti-federalists
wanted to question the foundation of the constitution with the idea of how it
would benefit future people
■
○
Federalists thought that the articles of confederation were too chaotic
Emphasized the necessity for a bill of rights in this essay.
7. Federalist Papers: Federalist 10, Federalist 51, Federalist 78
●
Federalist 10: Written by James Madison in discussing fact10ns.
○
Madison said we could either control the causes or the effects of factions.
■
To control the causes would be to either take away the people’s ability to
have opinions or give everyone the same opinion
■
Controlling the effects would be to increase the number of factions (thus
decreasing the amount of power each had) or to diversify each faction
○
Most common cause of factions was unequal distribution of wealth. But factions
could also be caused by an attachment to different leaders (lol) and difference of
opinion on religion
○
3 things that cause factions:
■
When we forget the common good= extremism + anarchy
■
Cooperation becomes difficult with different passions involved
■
Weak central government that is disunified. (We would need a strong
central government that was united in a common purpose)
●
Federalist 51; Written by James Madison
○
“5tructures and 1nstitutions and/or 5eparat1on of powers”
■
Quote similar to men are not angels so we cannot rely on their virtues and
we must create institutions to keep people in check
●
■
Primary control of these institutions: the people
■
Backup control: auxiliary precautions
●
Separation of powers
●
Checks and balances
●
Veto power
●
Impeachment
●
Appoint judges
Federalist 78: Alexander Hamilton in responding to the anti-federalists
○
Said that the supreme court wouldn’t actually have as much power as they think
it will.
■
Addressed a concern of the antifederalists who didn’t like having a
supreme court in the constitution
○
Supreme court doesn’t control the purse or the sword and isn’t actually that
powerful
○
■
Purse: Congress with money
■
Sword: executive branch
The Supreme court cannot actively seek to change the law. A case must be
presented for a law to be ruled unconstitutional
8. James Madison and Thomas Jefferson, “Correspondence on a Bill of Rights”
●
●
Thomas Jefferson: Thought the Bill of Rights was necessary
○
Secured our rights
○
Way to stand against the federal government
○
Half a loaf is better than no bread.
James Madison: Thought Bill of Rights was unnecessary
○
States that already had a bill of rights thought it was ineffective
○
Government of the people that needed consent
○
By listing our rights we narrow them
○
To ratify the constitution, Madison told anti-federalists that a Bill of Rights
would be included in the constitution, and so he just wrote one.
9. Elizabeth Cady Stanton, “Seneca Falls Declaration of Sentiments”
●
Men have forced women to submit to laws they had no voice in making
●
Men have made women morally irresponsible
●
Men have designed divorce laws in ways that harm women
●
Men have monopolized all the profitable and respected jobs
10. Susan B. Anthony, “Is It a Crime for a Citizen of the United States to Vote?”
●
Government is based on consent, but women do not have consent
●
Argued that the 14th and 15th amendments expanded the traditional interpretation of
equality as guaranteed in the Declaration of Independence
11. Frederick Douglass, “What to the Slave Is the Fourth of July?”
●
Slaves cannot rejoice on this day
○
“America is false to the past, false to the present, and solemnly binds herself to be
false to the future”
●
The country neither follows the bible nor the constitution
○
“Interpreted as it ought to be interpreted, the Constitution is a glorious liberty
document.”
●
Slavery is a contradiction and hypocrisy at the heart of America
12. Abraham Lincoln, “Second Inaugural Address”,
● War came
● Expansion of slavery=great cause for the war
● Neither party anticipated its magnitude
● If slavery was an offense to God he removed it by the war
● Lets try to heal the nation's wounds
● w/ malice towards none and charity to all
13.“Gettysburg Address”
● Our country was founded in liberty and the ideal that all men are created equal
● Ppl wont have died in vain, we will have a new birth of freedom
● Government of the ppl, by the ppl, for the ppl
● Fought in a war testing what our nation can endure
14. Henry David Thoreau, “Civil Disobedience”
●
●
●
●
●
●
Government is best which governs least
Also believes gov is best which governs not at all
Argues for passive resistance to unjust laws and govs
Have everyman make known what kind of gov would obtain his respect and that will be
one step towards obtaining it
Men cannot be associated w/ the american gov w/out disgrace
When ⅙ the population is slaves and the whole country is unjustly overrun and
conquered by a foreign army it is not too soon for honest men to rebel
● Must not pursue endeavors sitting on a mans shoulder
15. John C. Calhoun, “A Disquisition on Government”
●
●
States can nullify laws they find unconstitutional
“Concurrent majorities” is sufficient to win the support of simple majorities to adapt
deeply consented policies that affect fundamental interests
● North and South have to agree to get rid of slavery
● Theory meant to develop more effective const check on majority
● Humans naturally social->Societies need some form of gov
● There needs to be restriction to prevent any one interest from obtaining complete control
of gov
Negative power makes the constitution and positive makes the govt
16. George Fitzhugh, “Cannibals All! Or, Slaves without Masters”
●
Made the following arguments:
○
The way that Northern manufacturers treat their laborers is worse than the way
Southerners treat their slaves
○
Slaves are “free”
○
Slavery successfully unites the interests of capital and labor
○
The South rejected the premise of the Declaration of Independence that
government derives its power from the consent of the governed
Final Study Tool
**Remember this only lists the readings from APT, Justice, and the Course Reserve and from units 3 & 4,
but anything from the course is fair game on the final.
Author & Work
APT: Frederick Jackson
Turner, “The
Significance of the
Frontier in American
History” (pp. 379-382)
CR: Gene Sperling,
Economic Dignity,
Chapter 2
CR: The Economist,
“Segregation Still
Blights the Lives of
African-Americans”
Sandel: Chapter 4,
“Markets and Morals”
Main Idea and
Arguments
Connection to other
authors, course
concepts, etc.
Other Notes
CR: Richard V. Reeves,
“Saving Horatio Alger”
CR: Brennan and
Jaworski, “If You May
Do It for Free, You May
Do It for Money”
\APT: Russell H.
Conwell, “Acres of
Diamonds” (pp.
350-351)
APT: William Graham
Sumner, “What Social
Classes Owe to Each
Other” (pp. 398-404)
APT: Theodore
Roosevelt, “The New
Nationalism” (pp.
432-435)
APT: Woodrow Wilson,
“The New Freedom”
(pp. 436-439)
APT: Herbert Croly,
“The Promise of
American Life” (pp.
474-480)
APT: Herbert Hoover,
“Rugged Individualism
Speech” (pp. 505-507)
APT: Franklin D.
Roosevelt,
“Commonwealth Club
Address” (pp. 508-512)
. CR: Herbert Hoover,
“The Fifth Freedom”
CR: Franklin D.
Roosevelt, “The Second
Bill of Rights”
APT: Albert Jay Nock,
“Life, Liberty, and ...”
(pp. 513-514)
APT: Andrew Carnegie,
“The Gospel of Wealth”
(pp. 405-407)
APT: Emma Goldman,
“Anarchism” (pp.
470-473)
APT: Betty Friedan,
“The Feminine
Mystique” (pp.
610-612)
APT: Martin Luther
King, Jr., “Letter from a
Birmingham City Jail”
(pp. 597-601)
APT: Martin Luther
King, Jr., “I Have a
Dream Speech” (pp.
602-604)
APT: Malcolm X, “The
Ballot or the Bullet”
(pp. 605-609)
CR: William A. Darity,
Jr. and A. Kirsten
Mullen, From Here to
Equality: Reparations
for Black Americans in
the Twenty-first
Century, Chapter 2,
“The Myth of Equality”
APT: Young Americans
for Freedom “The
Sharon Statement” (p.
584)
APT: Students for a
Democratic Society,
“The Port Huron
Statement” (pp.
585-589)
CR: Jerry Rubin, “A
Yippie Manifesto”
APT: Ronald Reagan,
“First Inaugural
Address” (pp. 640-642)
APT: Michael Walzer,
“What Does It Mean to
Be an American?" (pp.
656-659)
Sandel: Chapter 9,
“What Do We Owe One
Another?"
Sandel: Chapter 10,
“Justice and the
Common Good”
CR: Barack Obama,
“Eulogy at the Funeral
Service in Honor of
Reverend Clementa
Pinckney” (pp.
673-767)
CR: President Spencer
W. Kimball, “The False
Gods We Worship”
Section II: The Birth (And Rebirth) Of
The Constitution
https://quizlet.com/545236479/american-heritage-midterm-2-readings-2020-flash-cards/
-
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
- 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
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
● Representative appointments are sought from 3 motives 1. Ambition
2. Personal Interest
3. Public Good
● Unhappily the first two are the most prevalent
2. In the people themselves
● 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
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)
- 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.
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
-
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 Articles of the Constitution (FP pp. 251-58) (LEJSASR):
○ Article I: Legislative powers (Congress: House of Rep. and Senate)
■ WRITES LAWS
■ Overrides vetoes
■ Impeaches federal officials (Trump twice in ‘19)
■ 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 or 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
■ 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
■ Outlines the process for amending or changing the constitution
○
○
Article VI: Supremacy clause
■ Clearly states that the Constitution will be supreme over state law.
Article VII: Ratification
■ Explains the ratification process for the constitution
■ 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
FP: Preamble and the Seven Articles of the United States Constitution (Appendix, pp.
251-258)
1.
2.
FP: Federalist #10 (Appendix, pp. 267-270)
-
-
3.
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.
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)
Strong federal gov = weak states
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.
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
Congress, the First Branch
1.
2.
FP: Chapter 7 (pp. 99-106)
Federalist #51 (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.
Federalist 10 & Federalist 51
Federalist 10- “Factions”
-
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- “Structures and Institutions or Separation 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.
32The Judiciary & Federalist 78
1.
2.
FP: Chapter 9 (pp. 133-150)
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
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
f v Madison: John Adams lost reelection to 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.
Marbury vs Madison (judicial court and the power they have to interpret the law)
The Bill of Rights
1.
2.
3.
FP: Chapter 7 (pp. 106-111)
FP: The Bill of Rights (Amendments 1-10 of the Constitution, Appendix, pp. 259-260)
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
- 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
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)
Hamilton (Federalist Party) vs. Jefferson (Democratic Republican
Party)
-
The 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)
2.
follows the structure and mimics the wording of the declaration of independence
Follows through with a lot of grievances of women towards the oppression by men.
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 (or pretend millionaires).
- 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
-Aristocrats should be the ones making the decisions
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.
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)
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 jerry ruband 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”
2.
fconstThe 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
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” 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.
2.
FP: Chapter 11 (pp. 167-182)
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.
- Separation of Powers/Checks and Balances
- Sectionalism means that the South had no confidence in constitutional structures.
Thought the nation should adopt only the standards and laws supported by the majority
of citizens in all regions
- “The constitutional convention meant to leave slavery in the states as they found it,
entirely under the authority and control of the states themselves”
Concurrent majority quote: “Give to each division or interest, through its appropriate
organ, either a concurrent voice in making and executing the laws, or a veto on their
execution”
- “The North has acquired a decided ascendancy over every department of this
government, and through it a control over all the power of this system”
- 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)
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”
- 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 gods 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 doesn’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
-The end of the war and death of Lincoln
-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 13th amendment got rid of the idea that slavery could be extended to the west, 14th made
them citizens, 15th 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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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
4.
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
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
- "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- Grand Jury, Double Jeopardy, Due Process, Eminent Domain, 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 or excessive bail
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.
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
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 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 today
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 #51: 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)
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 conduct 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
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
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 (allY 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
Section I: Founding Principles
https://quizlet.com/533561096/american-heritage-midterm-1-patterwitz-byu-flash-cards/?i
=3601lo&x=1jqY
A school in Zion, Liberalism, and Republicanism
Liberalism (individuals)
Republicanism (citizens)
Freedom of the individual
John Locke, Kant
Equality (moral worth)
Toleration of beliefs/actions
The role of government is to protect, get out
of the way
Rule of Law
“The Public thing” (Latin)
Active participation- do what is right for
others
Civic/public virtue- sacrifice self-interests and
private goods for public
Patriotic
Beloved community- flourish
Pros
Pursue your interests
Individual rights
Gov is limited
Pros
Pursue common purpose
Civic life
Understand virtue
Cons
Inability to think in terms of community
Economic inequality
No higher aspirations than individual
No common purpose
Cons
An active (intrusive?) government
Private goods are less important
Individual expression can be constrained
Constitutionalism– government in which power is distributed and limited by a system of laws
that the rulers must obey
American exceptionalism–The idea that America is exceptional,
unique from other nations because of the way it is made
In his devotional speech, A School in Zion, Elder Holland urges students to “see life steadily and
see it whole”, and to become “even-balanced souls”. What does he suggest is an important
element in that quest?
1. Transcending specialties and departments and seeking a broader educational
experience.
2. Taking care to strengthen both physical, spiritual, emotional well-being along with the
mental rigors of university life.
3. Seeking to understand both sides of an issue; learning with an open mind.
4. Learning to incorporate the Holy Ghost into daily learning experiences.
The Human Predicament & the Good Society
Human predicament cycle.
● Sovereignty: ultimate political power/final say. Humans can become corrupted for
having lots of power
● Anarchy: chaotic expression of individual/small group’s will (Fear and disorder)
● Tyranny: organized expression of individual/small group’s will (dictator, fear of
repercussions) monopolizes power
● 3 options do nothing, leave the country or revolt
○ Both make us fearful that we will not be able to live life like we want to
I.e. Syria has a fragmented society, no stability/order, people are fleeing
The GOOD society
The Good Society: societies that escaped
the human predicament and are stable,
without tyranny
Pros
●
●
●
●
●
●
Prosperous
Freedom from want
Vibrant cultures
Achievements
Peaceful
Respectful
IE Florence in renaissance era, Dutch
republic in 17th century, Athens
Not all perfect but dazzling
3 Pillars of a Good Society
You need all 3 for a good society
Freedom- live without restrictions
Virtue- doing what is right/correct
Welfare- financial well-being
Human Nature
● Our human nature leads to values we want to pursue, which lead to virtue, freedom or
welfare and a proper form of government.
● Human nature influences government institutions to achieve values
● If humans were free, they would want to have the best life possible sandel
Freedom, Virtue, and Welfare
● The 3 key values of Sandel
● Prioritized differently in different times
Individualism and the Common Good
Early Puritan Thought
Puritans– covenanting to glorify God, in the New World. Trying to form the Good Society.
Believe in:
● Civil liberty: moral liberty, DO GOOD, be just and honest
● Natural liberty: Resist the good
● Freedom is given up for virtue, welfare comes from being virtuous
Sovereignty: the last say
According to Puritans: Power originates in God, authorizes who rules humans
John (Cotton
corrupts)
Roger Williams
(Roger’s Rhode
island) outlier
John Winthrop
(WIN with Civil
liberty)
Cotton Mathers
1701 (your role in
society MATHERS)
Power corrupts
Separation of church
and state
Natural Liberty vs
Civil Liberty
A Christian and his
calling, do your job
well to glorify God
Religious conscious
of the individual, no
uniformity
Natural liberty:
fallen, man does what Christians have
he wants evil or good spiritual obligations
Power must be
limited
Pursue your beliefs
Freedom= the ability
to make the right
choices
Civil power should
protect religious right
to CHOOSE
Civil liberty: Free to 2 Callings
do that which is good,
1. Serve Jesus
must submit to God’s
and save your
authority, free
soul
because of covenants
2. Engage in
and commandments
employment
(worshipping
God with your
work)
Human beings will
abuse power if we
liberate them fully
Mayflower Compact: Puritans/Separatists make a compact
Covenant community, create a social compact (covenant about how we’re going to establish
our society) Human predicament cycle: 1st example of someone escaping the human
predicament cycle. Establish a government with similar values, give up certain freedoms to
heighten their community, GOOD SOCIETY, social compacts and social contracts
Calvinism: God’s elect, doesn’t change
Covenants to worship God
Puritans: covenanting to glorify God in the New World, trying to form the Good Society
Freedom is given up for virtue, welfare comes from being virtuous
Ancient and Modern Liberty
Ancient Liberty (Spartans)
Modern Liberty (Vegas)
Freedom = engagement in government and
political life voting, judgements,
accusing/condemning, jury duty, discussing
politics, making decisions about the
community.
Do what you want when you want it, 24/7
Freedom = freedom from a government/the
will of others No needing to ask permission,
autonomy, satisfy their personal
desires/whims, no public good
Welfare- time and means to participate
Freedom- participate in civil affairs
Virtue- Award honors to the right individuals
Welfare- minimalist
Freedom- prize above everything, own
yourself
Virtue- Individual rights/wrong
Pros/cons
Pros: Public good, can work together
Cons: State makes too many demands,
individual preferences are limited, little value
to individual rights, overwhelmed by
community
Pros/cons
Pros: individual autonomy is protected
Cons: Selfish, powerful/weak vs rich/poor
Utilitarianism
Jeremy Bentham founds the idea of Utilitarianism 1748-1832
● Utilitarianism: what produces the maximum amount of happiness over pain is the right
thing to do
● Doesn’t respect individual freedom
● Value: science of morality, cost-benefit analysis
● Not possible to measure or compare all values on a single scale
John Stuart Mill
Maximize utility in the long run by respecting individual rights
Lockean Liberty & the Social Contract
“Don’t get locked in”
LIMITED government power
Overstepping=overthrowing
Society is made up of individuals and they come together to make a government
Social contract should protect life, liberty and property
2nd Treatise
The Rule of Law
1. Generality- Laws should apply to all
2. Due process- Equal enforcement of laws
3. Consent- Must be consenting, agreed upon
4. Publicity- All laws should be well known
5. Prospectivity- Only punished for law AFTER it is put into place -no expo facto laws
In order to have control over life, laws to have predictable lives, staple of western culture
Ideas of Political Legitimacy
Mercantilism, Adam Smith
Mercantilism
Free Economy
● Main goal to get the most wealth in
terms of gold/silver
● Taxes
● Exports over imports (send more
goods out than receiving)
● Revolves around the king
● Established by Adam Smith
● Government doesn’t run the economy,
it regulates it
● Run through self-interest- no one cares
about other people, they care about
themselves. We are motivated to trade
with each other
● Invisible hand (no one directs the
economy) section
● Supply and demand
Market Principles
Roles of Government in an economy {hand signs}
1. Prevent corruption and fraud
2. Enforce exchange
3. Provide transportation and communication
4. Define property rights
5. Provide money for people to use
Economics in AH– we make decisions based off of our beliefs, in the economy, our
decisions impact the economy and the way it works, when the economy changes, our
political beliefs/religious beliefs can change, and it changes our actions, which then
affects the economy
Should be changing the way we act
Law of supply and demand- as price goes up, quantity goes up, as price goes up
demand goes down
Not one person, not the gov, it’s just our actions and beliefs that shift the lines
The invisible hand
Scarcity- resources are limited, our demands are unlimited
Opportunity Cost- next best option (how much is that worth to you?) Every single
decision you make has an opportunity cost, you’re giving up something to do that, value
over everything else
Comparative Advantage- comparing opportunity cost, each person specializes in what
they have the lowest opportunity cost, who is going to specialize in what
Brennan and Jowarski: standing in line
2 differing opinions on skipping the line
Sandel says there are times when it’s okay to skip and when it’s not okay, sometimes the
market isn’t fair (time/money) (ruins temple)
Brennan and Jowarski say it never changes, discriminates against those who have time,
not fair to just have a line, allocating by time, still inequality (no, everyone should be able
to go)
Prelude to the Revolution & Revolution
Declaration of Independence
● You can connect it to not only freedom, but virtue and welfare as well
● Thomas Jefferson wanted to capture what Americans already believed
● John Adams, Robert Livingston, Benjamin Franklin
Section I: The opening
Section II: The theoretical core
● One people: community, one in some
way that binds them together
● Separate and equal station of an
independent nation, we are equals to
Britain
● Commit to give reasons why they’re
declaring independence, explicit
argument with logic
● Truths are self-evident (everyone
accepts it without disputation)
● Things we don’t have to argue for,
they are TRUE
● Reasons are obvious from the laws of
nature
● Legitimacy comes from the divine
God
Equality: All men are created equal
● Equal is to have an equivalent degree
of some specific quality or attribute
● No natural political authority exists no
kings, lords, religions etc
● Unalienable rights (can’t be taken
away)
● LIFE, LIBERTY, AND THE
PURSUIT OF HAPPINESS
Pursuit of Happiness
● What is fitting or appropriate for us as
human beings, flourishing and
creating the good conditions to help us
become what we need to become
● Become part of a political community,
develop certain qualities
Government
● Needs to preserve rights
● Consent of the governed
● WE CAN CHANGE THE GOV IF
THEY DON’T TREAT US
PROPERLY
Self-Evident Truths
1.
2.
3.
Section III: Evidence (longest part)
Rule of Law: basically evidence shows they
violated the Rule of Law
Governors couldn’t pass laws of importance
Obstructed administration of justice (due
process)
Burning our towns and destroying our lives
We’ve asked nicely
Duty to Revolt
No revolts for light and transient
causes
● Long train of abuses/repeated injury
● Other means tried first
● But a duty, you have to revolt so
tyranny doesn’t keep going
Section IV: The conclusion
● Individual right is about being part of
a community
● The U.S. can act as an independent
nation and do everything they do
● Pledge to each other, their
lives/fortune, what’s dear to them
Declaration is declaring
● The right/duty of revolution
● Case against the King
● Power to the people (consent/legitimacy)
● Natural rights
● Equality
● Free and independent states
● A new nation- ONE PEOPLE
Lockean Liberty
Core of the declaration
Liberty doesn’t mean liberation from all authority/truth
Commitment to living together in a certain way, a certain society
Equality: Complicating the Narratives of Freedom
Self-Evident Truth of Equality
We have the same rights to the same degree
Some think that equality only means we all have the same rights as Englishmen
New train of thought, what does equality mean?
Abigail Adams
●
Thomas Jefferson’s Notes
●
Benjamin Banneker
●
Remember the
Conversation with
Free black man
ladies
all the world, not
living outside of
just America
Baltimore, some
● Do not put so much
power in males
● Gender Equality
● Golden rule
● Ambassador to
France
● Wrote “all men are
created equal”
(Christian principle): Native Americans
do unto others as
● There are
you would have
differences, not
them do unto you
enough facts,
● All men would be
tyrants if they could
● Naturally tyrannical
(self-evident truth)
● Mistake themselves
for some Supreme
being. You are not
Gods
education, scholar
● Wants to commit
Jefferson to an
extensive version of
the similarities
between whites and
blacks
● They are equal,
probably reveal that
society has just
they are similar to
imposed these
Europeans
differences
● Under certain
● We are children of
circumstances, could
the SAME GOD,
be equals
same family
Racial Equality
● 1st Obstacle is the
● All entitled to the
same blessing of
attitude of white
liberty, it comes
● You are so saucy
people. Recognizes
from God, human
● Loosened the bonds
that they’ve done
and Christiam duty
of government
things wrong but
to promote equality
everywhere
he’s not ready to
John Adam’s Response:
● Threatens to upend
the social
arrangements, called
into question by the
● You wrote the
proclaim full
Declaration but you
equality
don’t live up to it
● You are a
slaveholder
Jefferson’s Response
values of the
Declaration
● Depend on male
dominance
● Men are subordinate
to women
Abigail’s Rejoinder
● We have it in our
power to subdue our
● Wants to see proof
that they are equal
● Not self-evident
● Individuals have
access to
liberty/equality
through their
MERITS, have to
qualify for equality
masters, throw both
your natural and
legal authority at
your feet
● The disadvantaged
are inspired by the
ideas and have the
ability to resist
Declaration of Independence in modern society
● The idea of America: The declaration contains powerful ideas about equality, freedom
and democracy
● You and me are created equal and an economic recession isn’t an equality recession
● Life is to be enjoyed not just endured
●
st
1 to claw its way out of darkness and put it on paper
● Self-evident truths
● Ideas that have influenced the US and the whole world
The American Crisis (Thomas Paine) Dec 23
● Tyranny is not easily conquered
● Heaven knows how to put a proper price on it’s good
● Freedom is highly rated
● These are the times that try men’s souls
● Fight, tremendous sacrifice
Turning points
● British driving from NJ
● Renewed optimism about war
● Increases enlistment in Army
● French gov releases supplies for the war effort
● “a small # of men, with a short space of time had great and more lasting effects upon the
history of the world”
● Equality in the Declaration of Independence
● Commitment to public virtue
Choose the following article or amendment that best matches the scenario:
1) Abby gets married in Utah and then moves her family to Kansas in order to become a
professional reenactor of the Bleeding Kansas conflict. Her Utah marriage certificate is still valid
in Kansas because of this article of the Constitution:
1. Article 1
2. Article 2
3. Article 3
4. Article 4
5. Article 5
6. Article 6
7. Article 7
2) This article states that the Constitution is the “supreme law of the land” and that “judges in
every State shall be bound thereby.”
1. Article 1
2. Article 2
3. Article 3
4. Article 4
5. Article 5
6. Article 6
7. Article 7
3) Rachel has been prosecuted for illegally recording and selling Patterwitz American Heritage
lectures. She receives a notice that her trial will be held in 2-3 years. Which amendment does
this potentially violate?
1.
2.
3.
4.
5.
Amendment 1
Amendment 5
Amendment 6
Amendment 7
Amendment 8
4) Kenzie was arrested for stealing several cases of Minions: The Rise of Gru DVDs from
Blockbuster. During her trial, she is told she must testify against herself. Which amendment
does this potentially violate?
1.
2.
3.
4.
5.
Amendment 1
Amendment 5
Amendment 6
Amendment 7
Amendment 8
Match the following quote to its author
5. “A sanction is essential to the idea of law, as coercion is to that of Government. The federal
system being destitute of both, wants the great vital principles of a Political Constitution. Under
the form of such a Constitution, it is in fact nothing more than a treaty of amity of commerce and
of alliance, between so many independent and Sovereign States.”
1. Thomas Jefferson
2. Alexander Hamilton
3. Fisher Ames
4. James Madison
5. J. Hector St. John de Crevecoeur
6. “We assert the province of government to be to secure the people in the enjoyment of their
unalienable rights. We throw to the winds the old dogma that governments can give rights.
Before governments were organized, no one denies that each individual possessed the right to
protect his own life, liberty, and property.”
1.
2.
3.
4.
5.
Susan B. Anthony
Jane Addams
Elizabeth Cady Stanton
Sojourner Truth
Jennifer Selin
https://notability.com/n/28o0RY_lC5AvBctemWSogO
Unit II Reading List
James Madison, “Vices of the Political System of the United States”
States are violating laws
State laws are inefficient, and we need comprehensive constitutional reform
Multiplicity (too many laws), mutability(laws change too fast), injustices (not good laws), and impotence of
laws (too weak)
enduring cause for factions: unequal distribution of property
Federal Gov. should be able to “coerce” state gov.
1. Multiplicity of laws (Too many)
2. Mutability of laws (Laws changing)
3. Injustice of the laws (Not fair)
4. Impotence of the laws (Too weak)
Alexander Hamilton, “Letter to James Duane”
Reform for military interests, national security
Faults of confederation, too weak
John Adams, “Thoughts on Government”
Bicameral legislature, House and Senate
Move power from the many to the few
Aristocracy, used at Philadelphia convention (constitution
Jennifer Selin, “How the Constitution’s Federalist Framework Is Being Tested by
COVID-19”
Governors expanded powers are growing too large
Governors expansion of power is evidence that they are doing the political debating that should
be done in congress.
Elections are now too complicated
Hyper federalism
Government is slightly dysfunctional
Who do we blame when things go wrong
Too many elections in too many districts
J. Hector St. John de Crevecoeur, “Letters from an American Farmer”
Citizens rather than subjects
Not a monarchy system of government with lords etc
People are treated equally, no historical oppressions
True Americans were scattered across Europe and came together to form
America
Silken bands of mild government
Less distance between the rich and poor in America
Workers are rewarded more for the work that they perform
People in America descend from a wider variety of places than in Europe
Federalist Paper No. 2, John Jay
-A strong national government will keep America together
-Americans Connected by: geography, history, war and common ancestry
United States Constitution
Legislative - Law Making, veto power
Executive- Presidency
Judicial- Layout of the Supreme Court excludes judicial review
StatesAmendments
Supremacy Clause
Ratification
Federalist Paper No. 1, Alexander Hamilton
Federalist Paper No. 9, Alexander Hamilton
Federalist Paper No. 10, James Madison
Brutus Essays
Federalist Paper No. 51, James Madison
Thomas Jefferson, “Kentucky Resolutions”
Giving states the right to declare acts of the federal government unconstitutional
Danielle Allen, "The Flawed Genius of the Constitution"
Federalist Paper No. 78, Alexander Hamilton
The Bill of Rights (Amendments 1-10)
Thomas Jefferson and James Madison, “Correspondence on a Bill of Rights”
Women rights
March 31. 1776- Abigail Adams writes plea to John to :remember the ladies”
July 19-20, 1848- first women’s rights convention organized by women- SENECA FALLS CONVENTION
(68 women, 32 men)-Gender roles
May 29, 1851 - former slave SOJOURNER TRUTH delivers “Ain’t I a Woman?” Speech @ Women’s
Rights Convention in Akron, Ohio
December 10, 1869- legislature of territory of Wyoming passes America’s first woman suffrage law,
granting women right to vote and hold office
May 15, 1869- Susan B. Anthony and Elizabeth Candy Staton founded National Women Suffrage
Association
Elizabeth Cady Stanton, “Seneca Falls Declaration of Sentiments”
Her address was similar to the declaration of independence
Sojourner Truth, “Ain’t I a Woman”
George Washington, “Farewell Address”
Fisher Ames, “The Mire of Democracy”
Amendments 11-12
Federalist Paper No. 70, Alexander Hamilton
The Supreme Court of the United States, Chiafalo v. Washington
Susan B. Anthony, “Is It a Crime for a Citizen of the United States to Vote?”
Jane Addams, “If Men Were Seeking the Franchise”
Henry David Thoreau, “Civil Disobedience”
John C. Calhoun, “A Disquisition on Government”
Frederick Douglass, “What to the Slave Is the Fourth of July?”
George Fitzhugh, “Cannibals All! Or, Slaves without Masters”
Abraham Lincoln, “The Gettysburg Address: and “Second Inaugural Address”
Amendments 13-15
Alexander H. Stephens, “Cornerstone Address”
Eric Foner, The Second Founding: How the Civil War and Reconstruction Remade the
Constitution, “Introduction: Origins of the Second Founding”
James McPherson, “BYU Forum Address