History Notes PDF

- First Constitution: The Articles of Confederation served as the first constitution of the United States, ratified in 1781. - Weak Central Government: Established a weak national government with limited powers, primarily to avoid tyranny. - Unicameral Legislature: Created a single legislative bod...

- First Constitution: The Articles of Confederation served as the first constitution of the United States, ratified in 1781. - Weak Central Government: Established a weak national government with limited powers, primarily to avoid tyranny. - Unicameral Legislature: Created a single legislative body (Congress) without separate executive or judicial branches. - State Sovereignty: Each state retained its sovereignty and independence, with most powers held at the state level. - No Taxing Power: Congress lacked the authority to levy taxes; it could only request funds from states. - Interstate Commerce: Congress could not regulate interstate or foreign commerce, leading to economic difficulties. - Unanimous Approval: Any amendment to the Articles required unanimous consent from all thirteen states, making changes nearly impossible. - No National Army: Congress could not maintain a standing army, relying on state militias for defense. - Challenges and Failures: The weaknesses of the Articles led to problems such as economic instability, inability to respond to rebellions (e.g., Shays' Rebellion), and conflicts between states. - Replacement: The Articles were eventually replaced by the U.S. Constitution in 1789, which established a stronger federal government. The Declaration of Independence Created on July 4, 1776, is a foundational document of the United States that formally declared the thirteen American colonies' independence from British rule. Drafted primarily by Thomas Jefferson, the Declaration articulates the philosophical justifications for independence, emphasizing the principles of individual rights and government by consent. Federalist Paper #10 James Madison, addresses the dangers of factionalism and argues for ratification of the U.S. Constitution. Maddison thinks a large republic would be able to control factions and would make them harder to arise. Factions- group of people united by common interest that could jeopardize the rights of others and the common good Brutus 1 Anonymous Author(Robert Yates) expresses concerns about potential for tyranny in a large republic. Brutus thinks a strong central government could threaten people's individual rights as opposed to a small one. He thinks the Necessary and Proper clause and Supremacy Clause would give too much power to the government. Tyranny- oppressive government rule Fed 51 James Maddison brings up the importance of checks and balances to prevent one branch from getting too powerful. He emphasizes that each branch needs to limit the others' powers and that this separation of powers maintains individual rights and liberties. legislative branch - makes laws Executive branch - enforces laws judicial branch - interprets laws Legislative Checks: Executive Checks: Judicial Checks: - Can override - Can veto legislation. - Can declare laws or presidential vetoes. executive actions - Appoints judges to the unconstitutional. - Confirms judicial judiciary. appointments. - Reviews the legality of actions taken by the other - Can impeach the branches. president or judges Each branch should be independent so they stay accountable to the people Grant In Aid programs = Get money from National government to states Project grants - competitive requests i.e. NSF  Formula grant- Do you meet the formula? i.e. public housing, employment programs Block grants - Given to a state to be spent as part of a general program (i.e. urban development), but the state may decide how to use it w/in that area, sml states prefer Mandates - Feds dictate specific guidelines.don't comply = penalized or lose funding. They are usually unfunded. Cases McCulloch v. Maryland James McCulloch opposes the state tax set by Maryland on the Second United States Bank which leads to legal battles. Chief Justice John Marshall, made the final decision that included two significant rulings 1. Implied Powers The federal government is allowed to take action, as long as it's for constitutional responsibilities. 2. Supremacy Clause Laws created by the national government in compliance with the Constitution are the supreme law of the land. 3. Necessary and proper clause Found in Article 1 section 8 which grants Congress the power to make laws that are Necessary and proper to carrying out its enumerated powers. Court decision: The courts ruled that Congress has the power to create the bank under the Necessary and proper clause of the Constitution and ruled that the tax on the bank was unconstitutional, showing that federal laws are above state law. This case affirmed the strength of the federal government. U.S. v. Lopez(1995) A highschool student, Alfonso Lopez, gets charged with violating the Gun-Free School Zone Act (1990), but opposes his charge saying the law exceeds Congress’s powers under the Commerce Clause. The court sided with him and ruled 5-4 in favor of Lopez showing a huge limitation in the power of Congress under the Commerce Clause. This showed balance in the government. Commerce Clause - Found in Article 1 section 8, this clause grants Congress the power to regulate commerce with foreign nations, and several states, and with Indian tribes. Full Faith and Credit Clause - Article IV, Section 1 of the U.S. Constitution, Purpose: Mandates that states must recognize and respect the public acts, records, and judicial proceedings of other states. - Key Components: - Ensures legal consistency across states. - Promotes unity within the federal system. - Limitations: - States can refuse to enforce laws or judgments that conflict with their own public policy. - Not applicable in cases involving illegal activities or contracts that violate state laws Definitions Sovereignty - Every state possesses this idea that it has supreme and absolute power over its own territory. Police Powers - Powers of the states to protect the public health, safety, morals, and welfare of the public. Republic - A system in which the people are ruled by their representatives. Devolution - The process whereby the national govt returns policy responsibilities to state and local govt. Democracy - Supreme authority rests with the people. This is called a(n). Dictatorship (Totalitarian state) - In this society, those who rule cannot be held responsible or be accountable to the masses. , One person has all the power Unitary system - This form of government has a centralized gov’t; and it is the most popular form found in world governments. Parliamentary - This form of gov’t has an executive as being part of the legislative branch Public’s - the pseudonym under which Federalist papers were written Enumerated or expressed powers - powers found in the constitution Full Faith and Credit Clause - the debate over definition and recognition of marriage centers around this clause Philosophers James Madison - Major roles in drafting the constitution, Co- author of the federalist paper , Advocate for the bill of rights Alexander Hamliton - Wrote the most papers from the Federalist papers Montesquieu - known for his thoughts on the separation of powers -John locke - known for life liberty and property