Study Guide (1).pdf

Road to Democracy: A. Governments 1. Limited Government:An individual has certain rights that the government can’t take. 2. Ordered Government:Local governments that they had made based on the England System and are still found today at the local. 3. Representative Government:Pe...

Road to Democracy: A. Governments 1. Limited Government:An individual has certain rights that the government can’t take. 2. Ordered Government:Local governments that they had made based on the England System and are still found today at the local. 3. Representative Government:People should have a voice in deciding what the government should do and should not. B. Colonies 1. Charter: Ruled by colonists that got a grant of land from the King, largely self governed 2. Royal:Subject to direct control of the Crown 3. Proprietary:Ruled by a person who got a grant of land from the King. The proprietor(owner) could choose the way to govern it. 4. Shared Characteristics:King has a role in all types of colonies C. Define  1. Charter:Written grant of authority from the king 2. Unicameral:A one house body legislature 3. Bicameral:A two house body legislature D. Albany Plan of Union+Unification 1. 1696 -Unification- William Penn proposed further unification. He was ignored! His ideas would resurface 50+ year later…in Albany. 2. Albany Plan, Proposed by:Benjamin Franklin 3. Who attended:7 of the northern colonies in Albany 4. Purpose of meeting/why did they meet:Talk about problems for colonial trade and the danger of the attacks by the French and their Native American alliance 5. End of result of meeting:Franklin's Plan was agreed by the Albany meeting but turned down by the colonies and the Crown. 6. War Broke out because:Franklin's Plan was agreed by the Albany meeting but turned down by the colonies and the Crown. F. George III takes the throne. WHOLE NEW BALLGAME…+Stamp Act 1.Impact of Stamp Act: Taxes became to much for colonists 2. 1770’s - Colonists are becoming restless - the more colonists complained and protested, the more oppressive the British became. 3. 1770 – ____Boston____________ __Massacre_______________- British respond to protestors throwing snowballs at soldier by firing on the crowd killing five colonists. 4. 1773- __Boston__________ ____Tea____ _____Party_______ - Tea from the British East India Company was thrown in the harbor by colonists in an act of protest against taxation. Boston was identified as the epicenter of colonist resistance to the Crown and punished with the Coercive Acts. Ultimately, COLONISTS FELT THAT BRITAIN VIOLATED THE “SOCIAL CONTRACT!” G. Revolutionary War →Declaration of Independence  1. April 1775 Revolutionary War Starts Name the founding fathers in this sentence: _____George Washington___________________ leaves the VA delegation to lead the war effort and is replaced by _____Thomas Jefferson____________________. 2. Declaration of Independence June 7, 1776 – Richard Henry Lee, a delegate from VA, declares “these united colonies are, and of right, ought to be free and independent states…” Most of the Declaration was written by -____Thomas_Jefferson__________________ Significance of July 4, 1776 - ____________Declaration of Independence was announced to the world and the delegates adopted it.______________ H. STATE GOVERNMENTS EMERGE (1776-1777) What 4 concepts did these state constitutions all have in common? 1. Civil Rights and liberties 2. Limited Government 3. Popular Sovereignty 4. Separation of Powers and Checks and Balances I. Central Government, Obligations of States, Weakness (Articles of Confederation). What could the central government do? 1. Could make war and peace 2. send and receive ambassadors 3. make treaties 4. borrow money 5. set up a monetary system 6. build a navy 7. raise an army by asking the States 8. fix uniform standards of weights and measures 9. settle disputes among the States What were the obligations of the states? 1. Provide the funds and troops requested by the Congress 2. Treat citizens of other States fairly and equally with their own 3. Give full faith and credit to the public acts, records, and judicial proceeding of every other State 4. surrender fugitives from justice to each other 5. Submit their disputes to Congress for settlement 6. allow open travel and trade between and among the States 7. the states had pledged to obey the articles and acts of congress What were the weaknesses of the Articles? 1. One vote for each State, regardless of size 2. Congress powerless to lay and collect taxes or duties 3. No national court system J. Articles of Confederation Article 1: Created the name of the combined 13 states as The United States of America. Article 2: State governments still had their own powers that were not listed in the Articles of Confederation. Article 3: The combined states were responsible for helping to protect each other from attacks. Article 4: People can travel freely from state to state; however, criminals who left the state where they committed the crime would be sent back for trial. Article 5: Creates the Congress of the Confederation. Each state gets one vote in the congress and can send between 2 and 7 people to participate in the congress. Article 6: The new central government is responsible for working with other countries, including trade agreements and declaring war. States were required to have trained soldiers who could be ready to fight. Article 7: States could choose their own military leaders. Article 8: Each state government had to raise money to give to the new central government. Article 9: Only the new central government had the power to make declare war, and make peace with foreign countries. The central government was also responsible for assigning Ambassadors to represent the United States in other countries. Article 10: Created a group called the Committee of States who could act for the Congress of Confederation when the Congress was not working. Article 11: Stated that Canada could join the new nation if it wanted. Article 12: Stated that the new nation agreed to pay for earlier war debts. Article 13: Declared that the Articles of Confederation were forever and could only be changed by the Congress of Confederation and if all the states agreed  K.Compromises 3/5 - Provides that all “free persons” should be counted and so should ⅗ of all other persons(even slaves). The northerners who wanted to stop slavery and the southerners who wanted slavery were involved. Commerce and Slave Trade- Congress coudn’t tax export of goods from any state and was forbiden to act on slave trade for a 20 year period. L. Federalist vs Anti Federalist 1. Delay in ratification: Framers=John Adams, Benjamin Franklin, Alexander Hamilton, John Jay, Thomas Jefferson, James Madison, and George Washington. Why wasn’t the Constitution adopted after New Hampshire, the 9th state, ratified it? Why the hold up? Virginia and New York needed to adopt because they are big states. 2. Federalist Papers: 1787-1788 - Hamilton, Madison, and Jay team up to write the ___Federalist___________ __Papers__________, a collection of 85 essays, in an attempt to persuade __New York________________ (state) to ratify the Constitution. It will eventually work. They become the 11th state to ratify on July 26, 1788 3. Influence of Washington: June 25, 1788 - Washington, a friend of Madison’s, was very instrumental in getting __Viriginia__________ (state) on board. It is also believed that there was a tacit agreement between Hamilton, a NY Federalist, and Jefferson, a VA Anti-federalist, that would eventually move the capital to the Potomac, much closer to home for the Virginians. Quid Pro Quo??? How many states were necessary to ratify the Articles? 13_____. Ratifying the Constitution took __9____states. 1st to ratify – DELAWARE Dec. 7, 1787 PA, NJ, GA, CT, MA, MD, SC 9th to ratify – NEW HAMPSHIRE June 21, 1788 Why wasn’t the Constitution adopted after New Hampshire, the 9th state, ratified it? Why the hold up? Virginia and New York needed to adopt because they are big states. M. Key Players 1. Washington Paved the way for Federal constitution Convention, brought up amending to convince the people to support ratification 2. Madison Pretty much wrote the constitution and Federalist Papers, Referred as the “Father of the Constitution”. 3. Jefferson Convince Introduction of Bill of Rights, Drafted Declaration  4. Hamilton Helped Madison write Federalist Papers, N. Last two topics March 4, 1789 – Congress convenes for the first time in _Federal Hall_________________ (location); First Presidential term begins 1790 - The capital moved to __Philadelphia________________ in 1790, and finally to Washington D.C. in 1800, just in time for the Jefferson presidency...coincidence? You decide! First Presidential Election 1792 - Electoral College unanimously votes General Washington into office, which he will serve two terms in before stepping down in 1800. This will set a precedent for other presidents to follow (until FDR, who won four elections) Vocab: 1. Limited Government:An individual has certain rights that the government can’t take. 2. Ordered Government:Local governments that they had made based on the England System and are still found today at the local. 3. Representative Government:People should have a voice in deciding what the government should do and should not. 4. Charter:Written grant of authority from the king 5. Unicameral:A one house body legislature 6. Bicameral:A two house body legislature 7. Federalism ○ Federalism is a form of governance in which two levels of government share control of the same region. Both the national government and lesser political subdivisions have the ability to create laws and have some autonomy from one another. ○ Federalism is a mixed or compound form of government that combines a central or "federal" government with regional governments in a single political system, with powers divided between them. 8. Petition: A Formal written request made to an authority or organized body (such as a court)  9. Republic: A government where citizens elect representatives to government 10. Republican:a person advocating or supporting republican government. 7 Constitutional Principles: Not included but useful - 1. Limited Government Meaning: The government has only the powers that the Constitution gives it, meaning it cannot overstep its authority. Interaction: This principle is designed to protect citizens from tyranny by ensuring that the government’s powers are restricted. It works alongside checks and balances and rule of law to ensure the government operates within its constitutional limits. 2. Federalism Meaning: Power is divided between a national (federal) government and state governments. Each level has its own responsibilities and authority. Interaction: Federalism balances power between national and state governments, ensuring that neither has absolute control. It works with popular sovereignty, as citizens influence both state and federal levels, and separation of powers, as each level of government has distinct duties. 3. Popular Sovereignty Meaning: The authority of the government comes from the people. Essentially, the people are the ultimate source of power. Interaction: Republicanism and consent of the governed directly support this principle, as citizens elect representatives to govern on their behalf. Popular sovereignty is also supported by rule of law, ensuring the government reflects the people’s will within legal bounds. 4. Republicanism Meaning: A form of government where the people elect representatives to create and enforce laws. Interaction: Republicanism is tied to popular sovereignty and consent of the governed, as people choose their representatives, and those representatives are accountable to the people. It ensures government is not based on direct rule by the masses but on an elected body. 5. Separation of Powers  Meaning: The government is divided into three branches—executive, legislative, and judicial—each with its own distinct powers and responsibilities. Interaction: This principle ensures that no single branch becomes too powerful, working with checks and balances to allow each branch to limit the others, maintaining a balance of authority. 6. Balance of Powers/Checks & Balances Meaning: Each branch of government has the ability to check (limit) the powers of the other branches to prevent any one branch from gaining too much control. Interaction: Separation of powers sets up distinct roles for each branch, and checks and balances ensures cooperation and oversight. This maintains the principle of limited government and upholds popular sovereignty by preventing abuses of power. 7. Consent of the Governed Meaning: Governments derive their legitimacy and authority from the people’s approval, typically through elections. Interaction: This works hand-in-hand with popular sovereignty and republicanism, as the government must have the people’s permission to act, ensuring accountability. Judicial review ensures the government’s actions align with the people’s will through constitutional interpretation. 8. Rule of Law Meaning: Everyone, including government officials, is bound by and must follow the law. Interaction: Rule of law ensures limited government, as no one is above the law, including those in power. It interacts with judicial review, which interprets laws and ensures they are applied fairly and constitutionally. 9. Judicial Review Meaning: The power of the courts, particularly the Supreme Court, to review laws and government actions to ensure they are constitutional. Interaction: Judicial review reinforces rule of law and supports checks and balances by ensuring that legislative and executive actions do not exceed constitutional boundaries. It also protects popular sovereignty by ensuring laws reflect the Constitution, the people's foundational agreement. Preamble Interpretation: "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America." What it Means: “We the People of the United States”: This means that the power comes from all the people, not just a few leaders or the government. “in Order to form a more perfect Union”: The goal is to create a better and stronger country that works together. “establish Justice”: This means to make sure everyone is treated fairly by the law. “insure domestic Tranquility”: To keep peace and order inside the country so people can live safely. “provide for the common defense”: To protect the country from outside threats and keep everyone safe. “promote the general Welfare”: To help everyone have good lives, like making sure people have jobs, education, and healthcare. “secure the Blessings of Liberty to ourselves and our Posterity”: To protect our freedom and rights now and for future generations. “do ordain and establish this Constitution for the United States of America”: This means they officially make this set of rules and laws for the country to follow. Branches of Government:+ 7 Articles of Constitution Article 1: Makes the Legislative Branch. This branch has the power to make all laws, declare war, regulate interstate and foreign commerce(financial stuff) and impeach and try federal officers. Article 2: Makes the Executive Branch. This branch has to power to Veto and Sign Bills, Make treaties with approval of the senate, enforcing laws the congress passes, etc Article:3, Creates Judicial Branch:This branch has the power to interpret the laws,punishing violators of law,and hearing civil cases. Article 4: Sets rules for the relationship among the states and for admitting new states, and guarantees each state will be a republic. Articles 5: How the constitution can be amended Article 6: Establishes the Constitution and other U.S. laws as the Article 7: Explains that the Constitution would be ratified when nine states approved it Federalism: Federalism is a system of government in which power is divided between a central (national) government and regional (state) governments. In the United States, federalism allows states to have some autonomy while still being part of a unified nation. States work together in various ways under this system, including: 1. Interstate Compacts States can enter into agreements with each other, called interstate compacts, to address common problems. These agreements often require Congressional approval and can range from environmental protections to shared resources like water. 2. Full Faith and Credit Clause The Full Faith and Credit Clause of the U.S. Constitution requires states to respect the "public acts, records, and judicial proceedings" of other states. For example, if someone is legally married in one state, their marriage must be recognized in other states. 3. Extradition States cooperate in law enforcement by honoring extradition requests. If a person commits a crime in one state and flees to another, the second state is required to return the individual to face charges. 4. Privileges and Immunities Clause Under the Privileges and Immunities Clause, states must treat citizens of other states equally in most cases. This means that a person from California, for example, should have the same legal rights in New York as a local resident. 5. Shared Resources and Services States often collaborate to manage shared resources, such as rivers that flow through multiple states, or transportation systems like highways. They may also partner in delivering services like emergency disaster response or health care initiatives. 6. Federal Grants and Assistance States often receive federal funding to manage programs that require cooperation between the federal and state governments, such as education, transportation, and public health. This balance between state and federal powers creates flexibility for states to address local concerns while remaining part of the larger federal structure. Amendment Process: Supremacy: Yes, in a federal system like the United States, while states have their own powers, they must follow the rules of the central government due to the Supremacy Clause of the U.S. Constitution. This clause states that the Constitution and federal laws are the "supreme law of the land." Key Points: Supremacy Clause: Federal laws and the U.S. Constitution take priority over state laws. Federal Law > State Law: If there is a conflict between state and federal laws, federal law overrides state law. States have powers, but they must operate within the limits set by the federal government. This ensures national unity while allowing states some autonomy. Ratification Process: The ratification process for the U.S. Constitution originally required unanimous approval from all 13 states, as outlined under the Articles of Confederation. However, during the Constitutional Convention of 1787, it was decided that the new Constitution would only require approval from 9 out of the 13 states to become effective. Key Points: Articles of Confederation: Initially required unanimous consent from all states for any amendments. Constitutional Convention: Changed the requirement to ratification by 9 of the 13 states for the Constitution to be adopted. Reason for Change: To avoid delays or obstruction by a few states and to ensure a more practical path to forming the new government. Once 9 states ratified the Constitution, it officially replaced the Articles of Confederation and established the new federal system. Formal and Informal Changes to Government: Formal Amending Process The formal process for amending the U.S. Constitution is outlined in Article V. There are two ways to propose an amendment and two ways to ratify it: Steps to Amend the Constitution: 1. Proposal: ○ By Congress: An amendment can be proposed by a two-thirds vote in both the House of Representatives and the Senate. ○ By a National Convention: Two-thirds of state legislatures (34 out of 50) can request a national convention to propose an amendment (this method has never been used). 2. Ratification: ○ By State Legislatures: Three-fourths of state legislatures (38 out of 50) must approve the amendment. ○ By State Conventions: Three-fourths of state conventions can ratify the amendment (this method has only been used once for the 21st Amendment, which repealed Prohibition). Success Rate: Over 11,000 amendments have been proposed in U.S. history, but only 27 have been ratified. This low success rate shows how difficult the formal process is, ensuring only widely supported amendments pass. Madison vs. Jefferson on Amending James Madison: Believed in the stability of the Constitution and that changes should be rare. He argued that frequent changes would undermine the authority and durability of the document. Thomas Jefferson: Believed the Constitution should be updated more frequently to reflect societal changes. He thought each generation had the right to adapt it to their needs. Judicial Review: Original Intent vs. Living Document Original Intent: This approach, favored by some conservatives, argues that the Constitution should be interpreted according to the original intentions of the Founding Fathers at the time it was written. It focuses on what the text meant when it was adopted. Living Document: This approach, often associated with liberal judges, views the Constitution as a dynamic document that should be interpreted in the context of modern society. It allows for flexibility in applying constitutional principles to new issues. Informal Changes to Our Government The U.S. government has also changed through informal processes that don’t involve amending the Constitution. These include: 1. Precedent: Past judicial decisions influence future rulings, shaping the interpretation of laws over time. 2. Tradition: Practices like the two-term presidency, which was followed as a tradition before being formalized by the 22nd Amendment. 3. Interpretation: Courts, especially the Supreme Court, interpret the Constitution, sometimes expanding or restricting the meaning of its clauses (e.g., broad interpretations of the Commerce Clause). 4. State Actions: States can push forward new policies that the federal government later adopts, such as certain environmental or social policies. 5. Status Quo: Political or institutional inertia often maintains practices that aren't explicitly written into law but have become the norm over time. 6. Court Rulings: Judicial decisions, like Brown v. Board of Education or Roe v. Wade, can lead to sweeping societal changes without the need for a formal amendment.