Notes on week 2 chapter 2 gov - Google Docs.pdf
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Week 2 day 1 lecture notes: 1. Founding of the United States: - The American Revolution began in 1775 with battles like Lexington, Concord, and Bunker Hill. - The Declaration of Independence was drafted by Thomas Jefferson and signed on July 4, 1776. - The Ar...
Week 2 day 1 lecture notes: 1. Founding of the United States: - The American Revolution began in 1775 with battles like Lexington, Concord, and Bunker Hill. - The Declaration of Independence was drafted by Thomas Jefferson and signed on July 4, 1776. - The Articles of Confederation, the first constitution, were ratified in 1777 and lasted until 1789. - The Constitutional Convention in 1787 led to the ratification of the U.S. Constitution in 1788, with George Washington as the first president. 2. Native American Relations and Disease Impact: - The first colonists brought diseases like smallpox that devastated Native American communities. - The British often unknowingly spread diseases by trading with Native Americans. - Other diseases like typhoid, cholera, and plague also had significant impacts on Native American populations. - The colonists had more immunity to these diseases, reducing the impact on them. 3. Colonialism and Its Effects: - Colonists forced Native Americans off their lands and onto reservations. - The British, French, and Spanish engaged in varying degrees of colonialism. - The French focused more on trade with Native Americans, while the British promoted settlements and economic growth. - The French and Indian War (1754-1763) highlighted the competition for land and resources between the British and French. 4. Taxation and the Boston Tea Party: - The British imposed a series of taxes on the American colonies, including the Stamp Act, Sugar Act, and Tea Act. - The Boston Tea Party in 1773 was an act of rebellion against British taxation without representation. - The British responded by closing Boston Harbor and passing the Intolerable Acts, further escalating tensions. - The First Continental Congress was convened in response to these acts, leading to the drafting of the Declaration of Independence. 5. Slavery and Its Historical Context: - Slavery originated with the Portuguese in 1444 and was later adopted by other European powers. - The 1619 Project marks the arrival of the first slaves in the American colonies. - Slavery transitioned from indentured servitude to a more permanent form of enslavement. - Enslaved Africans were considered property and had no legal rights or citizenship. 6. The Articles of Confederation and Their Limitations: - The Articles of Confederation, the first constitution, created a weak central government with limited powers. - The federal government could not raise an army, coin currency, or levy taxes. - The Articles faced significant challenges in conducting foreign affairs and enforcing treaties. - The Annapolis Convention in 1786 led to the decision to create a new constitution. 7. The Constitutional Convention and the U.S. Constitution: - The Constitutional Convention in 1787 aimed to create a strong central government. - The new constitution established a federal system with a president, a legislative branch, and a judicial branch. - The U.S. Constitution replaced the Articles of Confederation, providing a more effective and centralized government. - The new constitution addressed issues like property rights, land distribution, and the need for a strong central government. Week 2 day 2 lecture notes: Representation and Legislative Bodies: - Discusses historical context of state representation, mentioning Virginia Plan and New Jersey Plan - House of Representatives apportioned by population, Senate provides equal representation per state - Examples of state representation (Maryland 8 districts, California 52 representatives) - Composition of delegates in Independence Hall (free white men, enslaved people, slave owners) The Three-Fifths Compromise and Slavery: - Explains the three-fifths compromise, where slaves counted as 3/5 person for apportionment - Debate over counting slaves in population (north vs south) - Impact of Revolutionary War on slavery, British offering freedom to joining slaves - Continuation of international slave trade until 1808, despite constitutional ban Slavery and the Southern Economy: - Southern states' economic reliance on slavery in agriculture - North's engagement in banking and mercantile interests - Compromise on international slave trade, continued illegally - Role of slavery in US economy until Civil War The Framers' Goals and the Bill of Rights: - Framers' goals: strong central govt, protect property, prevent excessive democracy - Concept of checks and balances to balance power - Bill of Rights ratified in 1791 to guarantee civil liberties - Separation of powers and federal-state authority balance The Constitution and the Articles of Confederation: - Comparison of Constitution to weaker Articles of Confederation - Preamble's purpose of creating "perfect union" - Legislative branch (House, Senate) powers and terms - Executive branch responsibilities (administer laws, negotiate treaties) The Judicial Branch and Judicial Review: - Judicial branch's role in resolving federal-state conflicts - Power of judicial review established in Marbury v. Madison - Supremacy Clause and prohibition of state discrimination The Role of the President and Executive Orders: - President's role in administering/executing laws - Commander-in-chief authority, example of MacArthur in Korean War - Issue of executive orders and authority The Judiciary and Lifetime Appointments: - Judiciary's role in resolving conflicts, citizen controversies - Debate over lifetime appointments vs term limits for judges - Power of judicial review on constitutionality of laws The Bill of Rights and Civil Liberties: - Outlines key amendments in Bill of Rights - Importance of civil liberties and individual rights protection - Historical context of Bill of Rights ratification in 1791 The Constitution as the Charter Document: - Constitution as ultimate authority, superseding ordinary law - Challenges in amending Constitution, 27th Amendment example - Constitution as framework for governing, role of citizens Federalism and Judicial Authority: - State court or federal court has authority to pardon for federal offenses - Judicial branch decides constitutionality of laws, upholds or declares them invalid - Checks and balances system between 3 branches of government Ratification of the Constitution: - 13 separate campaigns for 13 states to ratify the Constitution - Needed 9 states to ratify - Each state individually ratified the Constitution Federalists vs Anti-Federalists: - Federalists led by Alexander Hamilton, favored strong central government - Anti-Federalists led by James Madison and Thomas Jefferson, preferred state control - Debate over Bill of Rights, Hamilton against it, Madison advocated for it - Federalist Papers written by Hamilton, Madison, and Jay to support Constitution The Federalist Papers and Anti-Federalist Arguments: - Federalist Paper #10 by Madison discussed concerns about factions/political parties - Anti-Federalists like Patrick Henry and Richard Henry Lee argued against Constitution - Feared Constitution would lead to monarchy and tyranny - Compromise led to inclusion of Bill of Rights Bill of Rights and Its Application: - Bill of Rights initially only applied to federal government, not states - Selective incorporation started in 1890s, applying some amendments to states - Example of Mr. HAKO case on double jeopardy Voting Rights Evolution: - 1789 - only white male landowners could vote - 15th Amendment in 1870 granted African American men right to vote - 19th Amendment in 1920 granted women right to vote - 26th Amendment in 1971 lowered voting age to 18 First Amendment Components: - Freedom of press, speech, religion, assembly, and right to redress - Limitations on government interference with free press and speech Second Amendment Interpretation: - Miller v. United States 1939 case on militia requirement - District of Columbia v. Heller 2008 ruled 2nd Amendment protects self-defense - Historical context of 2nd Amendment, including addressing slave uprisings Fourth, Fifth, and Sixth Amendments: - Fourth Amendment protects against unreasonable searches/seizures - Fifth Amendment due process clause, double jeopardy, takings clause - Sixth Amendment right to counsel, Miranda rights Ninth Amendment and Self-Incrimination: - Ninth Amendment reserves unenumerated powers to states - Fifth Amendment privilege against self-incrimination, Miranda rights We the people chapter 2 notes: 1. The Articles of Confederation 1.1. The Articles of Confederation: A New Nation ○ Historical Background: The Articles of Confederation served as the first constitution of the United States, adopted in 1777 and ratified in 1781. It aimed to unify the thirteen colonies into a single nation while preserving the sovereignty of each state. ○ Key Features: Unicameral Legislature: The Congress of the Confederation was the sole body of government, with each state having one vote regardless of size or population. This system was designed to ensure equal representation among states. No Executive Branch: There was no president or central executive authority to enforce laws. This absence of a national leader meant that there was no centralized control over the enforcement of policies. No National Judiciary: The lack of a national court system meant there was no mechanism for resolving disputes between states or interpreting laws uniformly. 1.2. The Weaknesses of the Articles ○ Lack of Central Authority: Taxation: Congress lacked the power to impose taxes, relying instead on voluntary contributions from states, which were often inadequate. Commerce Regulation: The central government could not regulate trade between states or with foreign nations, leading to economic conflicts and inefficiencies. ○ Interstate Disputes: Without a strong central authority to mediate, conflicts between states, such as border disputes and trade disagreements, were common and often unresolved. ○ Economic Problems: Inflation: The government’s inability to control currency led to rampant inflation, undermining economic stability. Debt: The inability to levy taxes meant that the government struggled to pay off debts from the Revolutionary War. 1.3. Achievements under the Articles ○ Northwest Ordinance of 1787: This legislation established a process for admitting new states to the Union from the Northwest Territory (present-day Ohio, Indiana, Illinois, Michigan, and Wisconsin). It also set a precedent for the expansion of the .S. and included important provisions like the prohibition of slavery in the U territory. Diplomatic Successes: ○ The Treaty of Paris (1783) ended the Revolutionary War and recognized American independence, a significant achievement facilitated by the Confederation Congress. 2. The Constitutional Convention 2.1. Prelude to the Convention ○ Economic and Political Turmoil: By the mid-1780s, economic difficulties and interstate conflicts under the Articles of Confederation became increasingly apparent. The inability to address these issues highlighted the need for a stronger, more effective central government. 2.2. The Convention Begins ○ Date and Location: The Constitutional Convention convened in Philadelphia in May 1787 and lasted until September. It was a gathering of delegates from twelve of the thirteen states (Rhode Island did not attend) aimed at addressing the weaknesses of the Articles. ○ Attendees: Delegates included prominent figures like James Madison, who is often called the “Father of the Constitution” for his role in drafting and promoting the new document, and Alexander Hamilton, who strongly advocated for a robust central government. 2.3. Key Debates and Compromises ○ Representation: Virginia Plan: Proposed by James Madison, it suggested a legislature based on state population, benefiting larger states. It also proposed a strong executive branch. New Jersey Plan: Proposed by William Paterson, it called for equal representation for all states, regardless of size, and sought to strengthen the existing Articles rather than replace them. Great Compromise: Also known as the Connecticut Compromise, it combined elements of both plans by creating a bicameral legislature. The House of Representatives would be based on population, while the Senate would provide equal representation for each state. ○ Slavery: Three-Fifths Compromise: An agreement to count each slave as three-fifths of a person for purposes of representation and taxation. This compromise was a way to balance the interests of slave-holding states with those opposed to slavery. S lave Trade: The Convention allowed the continuation of the international slave trade for twenty more years, addressing economic concerns of Southern states while setting a future date for addressing the issue. 2.4. The Constitution Drafted ○ Structure: The new Constitution established a federal system with three separate branches: the Legislative (Congress), the Executive (President), and the Judicial (Supreme Court). This system aimed to create a balance of power and prevent any one branch from becoming too dominant. ○ Checks and Balances: Each branch of government has specific powers and responsibilities and can check the powers of the other branches. For example, the President can veto legislation, Congress can override a veto, and the Supreme Court can declare laws unconstitutional. 3. Ratification of the Constitution 3.1. The Ratification Debate ○ Federalists vs. Anti-Federalists: Federalists: Advocated for the new Constitution, arguing that a stronger central government was necessary to maintain order and protect individual rights. Key figures included Alexander Hamilton and James Madison. Anti-Federalists: Opposed the Constitution, fearing it would lead to a loss of state power and individual freedoms. They demanded a Bill of Rights to protect civil liberties. ○ Federalist Papers: A series of essays written by Hamilton, Madison, and John Jay that explained and defended the principles of the Constitution. These writings were influential in persuading states to ratify the document. 3.2. The Bill of Rights ○ Purpose: To address concerns of the Anti-Federalists about individual liberties and limit the power of the federal government. ○ Contents: The first ten amendments guarantee essential freedoms, such as freedom of speech, religion, and the press, as well as rights to a fair trial, protection from unreasonable searches and seizures, and more. 4. The Constitution Today 4.1. Amendments and Interpretation ○ Amendment Process: The Constitution provides a process for amendments, which requires approval by a two-thirds majority in both houses of Congress and r atification by three-fourths of state legislatures. This process allows for changes and updates to the document as needed. ○ Living Document: The Constitution is considered a “living document” because its interpretation evolves over time through Supreme Court rulings and societal changes. This adaptability allows it to remain relevant in contemporary issues. 4.2. Enduring Principles ○ Federalism: A system of government where power is divided between a central authority and individual states. This division allows for a balance of power and local governance while maintaining national unity. ○ Separation of Powers: The Constitution divides government powers among the legislative, executive, and judicial branches to ensure no single branch becomes too powerful. ○ Checks and Balances: Each branch of government has specific powers that can be used to check the powers of the other branches, ensuring a balance and preventing abuse of power. 5. The Fight for Ratification 5.1. Federalists vs. Anti-Federalists ○ Federalists: Overview: Federalists supported the new Constitution, advocating for a strong central government that they believed was necessary for maintaining order and unity in the newly formed United States. Key Figures: Alexander Hamilton: Strong proponent of a powerful central government, contributed significantly to the Federalist Papers. James Madison: “Father of the Constitution,” played a crucial role in drafting and promoting the Constitution, also a major contributor to the Federalist Papers. John Jay: Co-author of the Federalist Papers, supported the Constitution and argued for its ratification. Arguments: Need for Stronger Central Government: Believed the Articles of Confederation were too weak and unable to address issues such as interstate disputes, economic instability, and defense. C hecks and Balances: Argued that the new Constitution included mechanisms to prevent any one branch of government from becoming too powerful, thus protecting individual liberties. Support for a Bill of Rights: Although Federalists initially opposed a Bill of Rights, they eventually agreed to add it to secure ratification by addressing Anti-Federalist concerns. ○ Anti-Federalists: Overview: Anti-Federalists opposed the Constitution, fearing that a strong central government would erode individual liberties and state sovereignty. Key Figures: Patrick Henry: Vocal critic of the Constitution, concerned about the loss of state power and individual freedoms. George Mason: Opposed the Constitution due to the lack of a Bill of Rights and concerns over centralization of power. Arguments: Threat to State Sovereignty: Believed that the Constitution gave too much power to the federal government at the expense of state authority. Lack of Bill of Rights: Concerned that the Constitution did not initially include protections for individual liberties and civil rights. Potential for Tyranny: Feared that the strong central government could become tyrannical and infringe upon personal freedoms. 5.2. Compromises and Resolution ○ The Federalist Papers: Purpose: A series of 85 essays written by Hamilton, Madison, and Jay to defend and explain the principles of the Constitution and persuade states to ratify it. Content: Addressed key issues and objections raised by Anti-Federalists, providing arguments for a strong central government and explaining how the Constitution would function. ○ The Bill of Rights: Purpose: The addition of the Bill of Rights was a crucial compromise to address Anti-Federalist concerns about individual liberties and secure ratification. Content: The first ten amendments to the Constitution, guaranteeing fundamental rights such as freedom of speech, religion, and the press, as well as protection against unreasonable searches and seizures. ○ Ratification Process: Requirements: To become effective, the Constitution needed to be ratified by nine of the thirteen states. This process involved state conventions where delegates debated and voted on the Constitution. Outcome: The Constitution was ratified by the required number of states and went into effect on March 4, 1789. The promise to add a Bill of Rights helped to secure the necessary support from key states. ○ Significant Ratification Debates: New York: One of the most contentious debates, with strong arguments on both sides. The Federalist Papers played a significant role in swaying opinion in favor of ratification. Virginia: Key state in the ratification process, with intense debate over the Constitution's provisions. The promise of a Bill of Rights was pivotal in gaining support. Sum of Week 2: 1. Founding of the United States A merican Revolution: Began in 1775 with battles atLexington, Concord, and Bunker Hill. Declaration of Independence: Drafted by Thomas Jefferson,signed on July 4, 1776. Articles of Confederation: Ratified in 1777, servedas the first constitution until 1789. Constitutional Convention: Led to the U.S. Constitutionin 1788, with George Washington as the first president. 2. Native American Relations and Disease D isease Impact: Smallpox, typhoid, cholera, and plaguedecimated Native American populations, while colonists had more immunity. Colonial Expansion: Native Americans were displacedby settlers, and the French and British colonized lands differently, often trading or taking resources. 3. Colonialism and War F rench and Indian War (1754-1763): Highlighted landand resource competition between the French and British. 4. Taxation and the Boston Tea Party B ritish Taxes: Stamp Act, Sugar Act, Tea Act led togrowing tensions. Boston Tea Party (1773): Protest against taxation,leading to the First Continental Congress and the Declaration of Independence. 5. Slavery and Its Origins O rigins: Slavery in America began in 1619, evolvingfrom indentured servitude to permanent enslavement. 6. Articles of Confederation W eaknesses: Lacked central authority to levy taxes,regulate trade, or raise an army. Northwest Ordinance: Successful in admitting new statesand prohibiting slavery in certain territories. 7. Constitutional Convention K ey Debates: Virginia Plan favored large states; New Jersey Plan favored equal state representation. Compromises: The Great Compromise led to a bicamerallegislature; the Three-Fifths Compromise counted slaves as 3/5 of a person. 8. Ratification and the Bill of Rights F ederalists vs. Anti-Federalists: Federalists supportedthe Constitution; Anti-Federalists opposed it, demanding a Bill of Rights. Federalist Papers: Essays defending the Constitutionby Hamilton, Madison, and Jay. Bill of Rights (1791): Addressed concerns by guaranteeingfreedoms like speech and protection from unreasonable searches. Chapter 2 - We the People Summary 1. Articles of Confederation S tructure: Unicameral legislature, no executive orjudiciary. Weaknesses: Lack of central authority for taxation,trade regulation, and economic stability. 2. Constitutional Convention R epresentation Debate: Virginia Plan vs. New JerseyPlan led to the Great Compromise. Slavery Compromise: Continued international slavetrade until 1808. 3. Ratification Debate F ederalists: Supported a strong central government. Anti-Federalists: Feared federal overreach and demandeda Bill of Rights. Ratification: Constitution ratified in 1789 afterpromise to add the Bill of Rights. Key Topics from Lectures 1. Representation and Legislative Bodies V irginia and New Jersey Plans: Debate over population-basedvs. equal representation. 2. Slavery and Southern Economy Three-Fifths Compromise: Counted slaves as 3/5 ofa person for representation. 3. Framers' Goals Strong Central Government: Protect property and preventexcessive democracy. 4. Judicial Branch and Judicial Review Marbury v. Madison: Established judicial review. 5. Role of President Commander-in-Chief: Example of executive orders andmilitary authority. Key Amendments Discussed 1. Bill of Rights Civil Liberties: Freedom of speech, religion, andthe right to a fair trial. 2. Voting Rights Evolution A mendments: Extended voting rights to African Americans(15th Amendment), women (19th Amendment), and lowered voting age to 18 (26th Amendment). 3. Second Amendment Gun Rights: Case interpretations, such as Districtof Columbia v. Heller.
