American Government Unit I Assessment (MATHGUY18 ONLY)

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Chapter 2

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Before the Constitution:

Colonial and Revolutionary Experiences

 Before the Constitution

 Colonial experiences with democratic institutions; English

Parliament and colonial charters

 The “rights of Englishmen”—including trial by jury

 Repeal of the Stamp Act: a tax on colonial newspapers and

document

 Enactment of the Townsend Act: tax on tea

 First Continental Congress

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Before the Constitution:

Colonial and Revolutionary Experiences

 Declaration of Independence

 A call to revolution—liberty, equality, individual rights, self-

government, lawful powers

 Philosophy of John Locke

 Inalienable (natural) rights: life, liberty, and property

 Social contract: government has responsibility to preserve rights

 Thomas Jefferson

 “All men are created equal”

 Just powers derive from the consent of the governed

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Before the Constitution:

Colonial and Revolutionary Experiences

 Articles of Confederation

 Adopted during the Revolutionary War

 Created weak national government

 States retained “sovereignty, freedom and independence”

 Prohibited Congress from interfering in states’ commerce

policies

 Prohibited Congress from taxation

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Before the Constitution:

Colonial and Revolutionary Experiences

 A nation dissolving

 Raised fears about the weakness of the national government

 Weakened Congress—nation dissolving

 Farmers, led by Daniel Shays, marched to prevent

foreclosures on their land

 Congress unable to raise army to quell rebellion

 Motivated Congress to authorize a convention in

Philadelphia to revise Articles of Confederation

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Negotiating Toward a Constitution  The Great Compromise: a two-chamber Congress

 Virginia (large-state) Plan

 Representation based on population number

 Greater power to larger states

 New Jersey (small-state) Plan

 Each state would have one vote

 Equal power to large and small states

 Great Compromise: two-chamber Congress

 House of Representatives: proportional representation

 Senate: equal representation

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Negotiating Toward a Constitution  The Three-Fifths Compromise: issues of slavery and trade

 Congress agreed not to tax exports, only imports

 Congress agreed not to outlaw slavery

 Three-Fifths Compromise: three-fifths of enslaved

population counted for apportionment of taxes and political

representation

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Negotiating Toward a Constitution  A strategy for ratification

 Constitution submitted directly to the states

 Federalists: proponents of the Constitution

 Anti-Federalists: against a strong national government

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Negotiating Toward a Constitution  The ratification debate

 Anti-Federalists raised arguments that still echo in American

politics

 The national government would be too powerful

 State self-government and personal liberty at risk

 The Federalist Papers: Alexander Hamilton,

James Madison, John Jay

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Negotiating Toward a Constitution  The framers’ goals

 Government strong enough to meet the country’s needs

 Government not threatening existence of the separate states

 Government not threatening liberty

 Government based on popular consent

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Protecting Liberty:

Limited Government  Grants and denials of power

 Grants:

 Limit government by stating specific powers in the Constitution

 Total of seventeen powers

 Denials:

 Limit government by stating specific prohibitions in the

Constitution

 Constitution difficult to amend

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Protecting Liberty:

Limited Government  Using power to offset power

 Montesquieu’s concept of separation of powers

 Madison’s Federalist No. 10 and the problem of

overbearing majorities

 The framers’ special contribution: separate but overlapping

powers

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Protecting Liberty:

Limited Government  Separated institutions sharing power: checks and balances

 Separation of powers: divide powers of government

 Shared institutions—checks and balances

 Shared legislative powers: Congress checked by the president,

Supreme Court

 Shared executive powers: president checked by

Congress, Supreme Court

 Shared judicial powers: courts checked by the president, Congress

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Protecting Liberty:

Limited Government  Bill of Rights

 First ten amendments to Constitution

 Protects rights of citizens, such as:

 Freedom of speech

 Trial by jury of peers, and legal counsel

 Freedom of religion

 Limits power of government

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Protecting Liberty:

Limited Government  Judicial review

 Courts determine if governmental institution is acting within

its constitutional powers

 Established by Chief Justice John Marshall in Marbury v.

Madison (1803)

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Providing for Self-Government  Democracy versus republic

 Framers feared the overbearing power of the majority in a

democracy

 Framers preferred concept of a republic, where people rule

through elected representatives

 Majority rule in a republic is limited to protect minority

rights

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Providing for Self-Government  Limited popular rule

 People participate indirectly in process of government

through election of officials

 Indirect election of president through Electoral College

 Indirect (initially) election of senators

 Federal judiciary appointed, not elected

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Providing for Self-Government  Altering the Constitution: more power to the people

 Jeffersonian democracy

 Government belonged to all, not just elite

 Jacksonian democracy

 States give electoral votes to winner of the popular vote

 The Progressives

 Direct election of senators; referendums and initiatives

 Delegates carry out wishes of the voters

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Constitutional Democracy Today  Constitutional: power gained through elections to be

exercised in accordance with law and with due respect for

individual rights

 Democratic: provides for majority influence via elections

 Republic: mix of deliberative institutions, each of which

moderates the power of the others