Karteikarten
Writing the Constitution
Karten in diesem Stapel (47)
- 1Foundations: Greece and RomeDemocratic elements of ancient Greek civilization
Aristotle’s classification of government
The ancient Roman Republic - 2The Magna CartaSigned by King John of England in 1215
Placed monarchs and magistrates under rule of law
Established English common law
Influenced the Fifth Amendment - 3Thomas HobbesLeviathan (1651)
Discusses the origin of centralized government
Explains the “social contract” theory
Early humans gave up a “state of nature” for government’s protection - 4John LockeTwo Treatises of Government (1689)
“Natural rights” to “life, liberty, and property”
Government responsible for protecting the people’s rights
The people have the right to change their government - 5montesqueThe Spirit of the Laws (1748)
Classified government into three types:
-Monarchies
-Republics
-Despotisms
Developed the concept of separation of powers - 6Albany plan of UniomProposed in 1754 by Benjamin Franklin
Early attempt at uniting colonies
Based in part on Iroquois Confederacy
Never adopted, but served as a rough draft for Articles and Constitution - 7Declaration of independenceThomas Jefferson (1776)
Does not institute a government
Borrowed heavily from Locke’s concepts of natural rights
Designates government as protector of these rights - 8State constitutionGave governors limited political power
Gave state legislatures substantial power
Several included bills of rights
Many implemented reforms toward ending slavery and protecting property owners - 9Article of confederationDrafted by the Continental Congress
Passed in 1777; ratified in 1781
No central authority or court system
Each state remains sovereign - 10Article; provisionStates given sovereignty over central government
Each state had a single vote in Congress
No power of taxation
National government afforded certain powers:
Declare war and conduct foreign affairs
Standardize currency and measures
Arbitrate disputes between states - 11Articles accompolishmentLand Ordinance of 1785
Northwest Ordinance of 1787
Articles created the first form of American government - 12Article: weaknessCongress could not:
Force states to pay taxes
Raise an army without state support
Regulate trade
Each state had one vote in the legislature, regardless of population
Difficult to pass laws and amend Articles
No court system or executive branch - 13Sheys rebellionMA heavily taxed middle incomes
Farmers called for revisions to the state constitution
Shays led a march on a federal arsenal
Governor sent militia to stop rebellion
Illustrated starkly the weaknesses of the Articles of Confederation - 14Revising the Articles: Early AttemptsMount Vernon Conference: delegates from MD and VA met to settle commerce disputes
Meeting of all states proposed for same reason
Annapolis Convention failed
Hamilton suggested a convention to correct defects in the Articles - 15The Philadelphia ConventionMay 1787, in Philadelphia, PA
55 delegates attended
All states represented except RI
Some influential figures did not attend, including Thomas Jefferson and Patrick Henry - 16The Philadelphia Convention: DemographicsMost delegates were wealthy
Nearly two-thirds were lawyers
Forty had served in Confederation Congress
Over half had been officers in the Continental Army
Seven former state governors
Eight signers of the Declaration of Independence
Average age of 42 - 17James Madison“Father of the Constitution”
Devised Virginia Plan
One of the leading authors of The Federalist
Drafted the Bill of Rights - 18George WashingtonServed in VA House of Burgesses
Leader of Continental Army
Named president of the convention
Later elected first president of the U.S. - 19Benjamin FranklinAlthough in his 80s, he attended most sessions
Did not approve of parts of the document
Lent his prestige to helping along the ratification process
Gave famous “Rising Sun” speech - 20Alexander HamiltonProposed Philadelphia Convention
Disapproved of both Virginia and New Jersey Plans for representation
Helped lead ratification fight in New York
Co-author of The Federalist - 21Roger ShermanOne of two who signed Declaration, Articles, and Constitution
Influential in passing Connecticut (or Great) Compromise
Instrumental in Connecticut’s ratification - 22Gouverneur MorrisDelegate from Pennsylvania
Wrote Preamble to the Constitution
Also wrote “obligations of contracts” clause
Became U.S. ambassador to England, later France - 23Points of AgreementRevisions to the Articles would not solve their problems
A written constitution
Federal system with republican form of government
Limited government power
Separation of powers
Debate in secret - 24Issues to ResolveWhat powers the government should have
This involved the states relinquishing some of their sovereignty
How to determine states’ representation in the new national government
This issue would have to be decided by compromise - 25Virigina PlanAlso known as the “Randolph Plan”
Drafted by Madison
Called for bicameral legislature
Upper house selected by lower house
Representatives determined by population - 26The New Jersey PlanProposed by Paterson
Legislative plan advocated by small states
Equal representation regardless of size
Same legislative structure as the Articles - 27The Great CompromiseAlso called the “Connecticut Compromise”
Introduced by Sherman
Representation in lower house by population
Fixed number of representatives in upper house - 28The House and Senate: DifferencesHouse considered to represent “ordinary Americans” because voters elect members directly
Bills for raising revenue must originate in House
Senate viewed as “advisory” in nature:
Ratifies treaties
Approves presidential appointments
Senate designed to represent the “aristocracy” - 29The “Three-Fifths Compromise”North wanted to count slaves for taxation purposes, not representation in Congress
South wanted to count slaves for representation, not taxation
Compromise counted three-fifths of “other persons” for both representation and taxation
Congress also forbidden to interfere with slave trade until 1808 - 30Separation of PowersLegislature; makes law ()
executive: enforces law ((president, vice president)
judicial: interprets law ( called Supreme Court with a chief justice) - 31Division of powerAlso known as “federalism”
Allows for state sovereignty
Types of powers:
Delegated: those granted the federal government
Reserved: those granted the states
Concurrent: those shared at both levels - 32Implied PowersPowers not written in the Constitution
Federal government can exercise them by assuming the delegated powers
Stem from the “necessary and proper” (or “elastic”) clause
Examples include regulating airlines and radio and television - 33The PreambleProvides an conceptual introduction to the Constitution
States the aims and goals the Framers wanted to attain
Firmly establishes popular sovereignty by stating that “We, the People” are the source of governmental authority - 34The Supremacy ClauseEstablishes the Constitution as the “supreme law of the land”
Federal law supersedes state laws when a conflict exists
Also known as the “linchpin clause” - 35The Commerce ClauseAllows the government to regulate trade with foreign countries
Also interstate commerce (trade between states)
Used along with the elastic clause to expand federal authority:
Interstate navigation
Modern civil rights law - 36The Electoral CollegeUsed for presidential elections
Framers had concerns that voters wouldn’t make informed decisions
Each state selects electors equal in number to its congressional representation
Electors vote twice: once for president, once for vice president
Political parties have made the Electoral College a “rubber stamp” - 37The Constitution: Problems SolvedSystem of checks and balances curbed excessive power by a single branch
Created powerful executive who can veto acts of Congress
Established national judiciary
Different constituencies select members of each branch
Elastic clause allows for expansions to federal authority - 38The Convention EndsJuly 1787: Writing began
August: Committee of Style and Arrangement selected
September 17, 1787: Constitution submitted for signing
39 delegates signed; others refused - 39Ratification ProcedureAddressed in Article VII
Ratification to occur in “special state conventions”
Nine of 13 states needed for ratification
Supporters of the Constitution nicknamed “Federalists”
Opponents called “Anti-Federalists” - 40FederalistsIn favor of ratification
Favored government by “rich and well-born”
Support concentrated in coastal areas and large cities
Leaders included Hamilton and Madison - 41Anti-FederalistsOpposed ratification
Tended to be middle-class, farmers, and those who favored civil liberties over a strong government
Included Patrick Henry, George Clinton, Mercy Otis Warren - 42The Ratification FightNine states needed for ratification
Well-organized resistance in NY and VA; RI and NC held convention
Federalists agreed to include statement of civil liberties
NH the ninth state to ratify - 43Opposition WritingsSimilar to the writers of The Federalist, some wrote urging rejection of the Constitution:
Letters From the Federal Farmer (Lee and Smith)
Observations on the New Constitution (Warren)
“Objections to This Constitution of Government” (Mason) - 44Ratification in VirginiaCrucial to the legitimacy of the new government
Henry and Mason led the Anti-Federalists
Washington and Madison led the Federalists
Federalists won after proposing 20 amendments that the legislature would consider after ratification - 45Ratification in New YorkAnti-Federalists believed NY too large to cede authority to a central government
Hamilton’s influence and The Federalist swayed some Anti-Federalists’ opinion
Virginia’s ratification tipped the balance in NY
NC and RI ratified later - 46The Bill of RightsLack of protection of civil liberties in Constitution hotly debated
Madison given task of writing series of amendments
12 amendments proposed, 10 ratified
Amendment dealing with congressional pay raises not ratified until 1992 - 47The Bill of Rights: A SummaryFreedom of speech, press, religion, assembly, and petition
Right to keep and bear arms
Conditions for quartering of soldiers
Regulation of search and seizure
Provisions concerning prosecution
Trial by jury and the rights of the accused
Right to civil trial by jury
No excessive bail or punishments
Protection of unenumerated rights
Powers reserved to the states or the people
Informationen
- Beschreibung
- Karteikarten am Writing the Constitution, erstellt von Eunhye Sohn am 08/11/2019.
- Erstellt von
- Eunhye Sohn
- Aufrufe
- 1
- Bewertung