AP GOPO Chapter 2 Definitions

A nation’s basic law. It creates political institutions, assigns or divides powers in government, and often provides certain guarantees to citizens. These can either be written or unwritten.

The document approved by the representation of the American colonies in 1776 that stated their grievances against the British monarch and declared independence.

One of the most influential philosophers the founders read. His writings, especially “The Second Treatise of Civil Government”(1689) profoundly influenced American political leaders. His work was “the dominant political faith of the American colonies in the second quarter of the eighteenth century”. Built his philosophy in a belief in natural rights. Held that before government arose, people existed in a state of nature in which they were governed not by formal laws but by laws of nature. Argued that government must be built on the consent of the governed. According to him, the sole purpose of government was to protect natural rights. Two limits on government important to him were first, governments must provide standing laws so that people knew in advance whether their acts were acceptable. Second, “The supreme power cannot take from any man any part of his property without consent.” To him, the preservation of property was the principle purpose of government. Phrased “life, liberty, and property”. His idea of the sanctity of property figured prominently in the Constitutional Convention. James Madison echoed this view. Argued that in extreme cases people might have the right to revolt against the government but only when injustices were deeply felt. Represented only one borrowed revolutionary thought.

Rights inherent in human beings, not dependent on governments, which include life, liberty, and property. The concept of this was central to English philosopher John Locke’s theories about government and was widely accepted among America’s founders.

The idea that the government derives its authority from the people.

The idea that certain restrictions should be placed on government to protect the natural rights of citizens.

The first constitution of the United States, was adopted by Congress in 1777 and ratified in 1781. The Articles established the Continental Congress as the national legislature, but left most authority with the state legislatures.

State delegations attended haphazardly. Congress had few powers outside of maintaining an army and a navy- and little money to do that. Had to request money from states because no power to tax. If states refused, no money. In desperation, Congress sold western lands to speculators, issued securities that sold for less than their face value, or used its presses to print money that was virtually worthless. Also voted disband the army despite threats from Britain and Spain. Congress lacked power to regulate commerce, which inhibited foreign trade an the development of a strong national economy. Could not compel states to do anything, and had no power to deal directly with hard times that faced the new nation.

Most significant was a dramatic increase in Democracy and liberty for white men. Many states adopted bills of rights to protect freedoms, abolished religious qualifications for holding office, and liberalized requirements for voting. This brought to power a new middle class including artisans and farmers who owned small homesteads. In NY and other states power shifted from wealthy elites to a broader group. State constitutions concentrated power in the legislatures because most people considered legislatures to be closer to voters than governors or judges. Many governors selected by legislatures had brief tenures and limited veto and appointment powers. Legislatures also overruled court decisions and criticized judges for unpopular decisions.

A series of attacks on courthouses by a small band of farmers led by Revolutionary War captain Daniel Shays to block foreclosure proceedings.

Wrote “Leviathan in 1651 which argued that natural state was war and that a strong absolute ruler was necessary to restrain man’s bestial tendencies. He wrote that without a strong government life would be “solitary, poor, nasty, brutish, and short.” Constitutional delegates agreed with him that people were naturally self-interested and that government should play a key role in restraining selfish impulses. They opposed a powerful monarch.

Thomas Hobbes expressed this in 1651 with Leviathan. The idea that man’s state naturally was war and that a strong absolute ruler was necessary to restrain man’s bestial tendencies. Constitutional delegates agreed that people were naturally self-interested and that government should play a role in restraining selfish impulses.

Widely quoted to James Madison in Federalist 10. “The most common and durable source of factions have been the various and unequal distribution of property.” In other words, the distribution of wealth is the source of this. “Those who hold and those who are without property have ever formed distinct interests in society.” Other sources of this are religion, views of governing, and attachment to various leaders. Factions arise from this.

Groups such as interest groups that, according to James Madison, arise from the unequal distribution of property or wealth and have the potential to cause instability in the government.

To Gouvernneur Morris of Pennsylvania, this was the preservation of property. He overlooked others, such as providing security from invasion, ensuring domestic peace, and promoting the public’s health and welfare. Many delegates could not imagine this being economic” the preservation of individual rights to acquire and hold wealth. A few, like Morris wanted to shut out property-less. “Give the votes to the people who have no property and they will sell them to the rich who will be able to buy them.”

The belief of Constitutional delegates that power should be set against power so that no faction would overwhelm the others. The secret of good government is “balanced” government. Influenced by Baron Montesquieu who advocated for separate branched of government, each with distinct powers and could check other branches. Framers agreed that limited government would have to involve checks on its own power. So long as no faction could seize the whole government at once, tyranny could be avoided. A balanced government required a complex network of check and balances, and a separation of powers.

French aristocrat whose writings influenced Constitutional delegates. Advocated separate branches of government, each of which had distinct powers and the ability to check the other branches.

The proposal at the Constitutional Convention that called for equal representation of each state in Congress regardless of the size of the states population.

The proposal at the Constitutional Convention that called for representation of each state in Congress to be proportional to its population.

The compromise at the Constitutional Convention that established the two houses of Congress: the House of Representatives, in which representation is based on a state’s population; and the Senate, in which each state has two representatives.

2nd equality issue was this. Connections between this and the Declaration of Independence obvious, but 1787 was legal in every state except Massachusetts. Concentrated in South where this labor was common in agriculture. Some like Gouverneur Morris denounced it. Convention could not accept that position with Southern opposition led by Charles C. Pinckney of South Carolina. Delegates agreed that Congress could limit importation in the future-allowed it to be outlawed by 1808- but did not forbid it. Constitution inclines towards recognizing this, referring to those legally “held to service or labor” who escaped to free states to be returned to owners. Southerners wanted those affected counted as population. Reluctant to count them on determining state’s apportionment of taxation. North opposite. Then 3/5 Compromise.

Representation in the House and taxation to be based on the “number of free persons” in a state plus three-fifths of the number of “all other persons”(Slaves).

Handful of delegates led by Ben Franklin suggested all free adult males should be able to vote in national elections. Left a majority disenfranchised, but those smarting from Shay’s Rebellion and fear of mob rule thought it too Democratic. Many delegates wanted property requirements. Ultimately left the rules to states. People qualified in state elections could also vote in national elections.

Consensus among delegates economy in disarray and problems of states having imposed tariffs on products from other states, paper money worthless in some states; however, many state governments controlled by debtors forced it on creditors, and Congress having trouble raising money because of recession. Delegates were economic elite. All agreed strong national government needed to bring stability to the chaotic economy of the Articles of Confederation. Framers sought increased economic powers. Historian Charles A. Beard suggests they wanted to increase their wealth. Most evidence suggests they were concerned about protecting property rights but motivated primarily to build a strong economy. Under Constitution, Congress is economic chief. Can obtain revenues through taxing and borrowing. By maintaining sound money and guaranteeing payment for national debt, Congress was to encourage enterprise and investment. Also allocates to Congress power to build infrastructure by constructing post offices and roads and establishing weights and measures. To protect property rights, Congress charged with punishing counterfeiters and pirates, ensuring patents and copyrights, and legislating rules for bankruptcy. Also ability to regulate interstate and foreign commerce. Framers prohibited practices inhibiting development like maintaining individual state monetary systems, placing duties on imports from other states, and interfering with lawfully contracted debts. States also to respect civil contracts and judgments from other states, and had to return runaway slaves. National government guaranteed “a republican form of government” in states to prevent another Shay’s Rebellion. Also obligated government to repay all public debts incurred under past governments. This would restore confidence in investors and ensure flow of money.

A court order requiring authorities to explain to a judge what lawful reason they have for holding a prisoner in custody.

Bills that punish people without a judicial trial. Prohibited by Constitution for Congress or states to pass. (Article 1, Section 9).

Prohibited by Constitution for Congress or states to pass. (Article 1, Section 9). These punish people for acts that were not illegal when they were done or retroactively increase the penalties for illegal acts.

Prohibits the imposition of religious qualification for holding office in the national government. (Article VI). Narrowly defines and outlines strict rules of evidence for conviction of treason. To be convicted, person must levy war against US or adhere to and aid its enemies during war. Conviction requires confession in open court or the testimony of two witnesses to the same overt act. Founders would’ve been executed if Revolution failed, so sensitive to treason laws (Article 3, Section 3). Also upholds the right to trial by jury in criminal cases (Article 3, Section 2).

If majority united around some policy issue, they could oppress the minority, violating the latter’s basic rights. To prevent this, James Madison proposed 1. Place as much of the government as possible beyond the direct control of the majority. 2. Separate the powers of different institutions. 3. Construct a system of checks and balances.

Madison believed it essential to keep most government control from majority. Only House of Representatives- elected every 2 years- within direct control of majority votes. State legislatures were to elect senators and special elections were to choose the president. President was to nominate federal judges. If majority seized House, they couldn’t enact policies without agreement of the Senate and president. Constitution gives judges lifetime tenure and senators term of 6 years, with 1/3 of Senate elected every 2 years.

A feature of the Constitution that requires the 3 branches of government- executive, legislative, and judicial- to be relatively independent of each other so that one cannot control the others. Power is shared among the 3 institutions.

Features of the Constitution that require each branch of the federal government to obtain the consent of the others for its actions; they limit the power of each branch.

Asserted by the Supreme Court in Marbury v. Madison (1803). The power to hold actions of the other two branches of the Constitution unconstitutional. This strengthens the court’s ability to restrain the other branches.

Framers established this that divides power to govern between national and state governments. Most government activity in the late 1700s occurred ins states. Framers saw this as an additional check on national government.

A form of government in which people elect representative to govern them and make laws.

Supporters of the US Constitution at the time when states were contemplating its adoption.

Opponents of the US Constitution at the time when states were contemplating its adoption.

These are a set of 85 essays that advocate ratification of the Constitution and provide insightful commentary on the nature of the new system of government.

The first 10 amendments of the US Constitution, drafted in response to some of the Anti-Federalist’s concerns. These amendments define such basic liberties as freedom of religion, speech, and press, and the guarantee defendant’s rights.

Federalists did not have majority support, but shrewd politicking. They specified this would happen to the Constitution by special conventions in each state- not state legislatures. Delaware first to approve on Dec. 7, 1767. 6 months later New Hampshire the 9th to approve and made the Constitution official. Virginia and New York then voted to join. North Carolina and Rhode Island wanted a Bill of Rights to join. Framers assumed George Washington would be elected 1st president. He was unanimous choice of the electoral college. Took office April 30, 1789 in New York City, the 1st national capital. John Adams, Vice President.

Constitutional changes made by formal amendments or by informal processes. Article V outlines formal amendments. Amendment may be proposed with 2/3s vote in each house or by national convention called by Congress at the request of 2/3s of state legislatures. Ratified by legislatures of 3/4s of the states or by special state conventions called by 3/4s of the states. President no formal role. All but 21st amendment have been proposed by state legislatures and approved by Congress. Most important effect of amendments to expand liberty, Democracy, and equality in the US. Amendments that emphasize equality and increase the ability of a popular majority to affect government now provide balance to emphasis on economic issues. Some proposed by Congress not ratified by states such as the ERA.

AKA ERA. A constitutional amendment passed by Congress in 1972 stating that “equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.” The amendment failed to acquire the necessary support from 3/4s of the state legislatures.

Examples of this are 2 party system, abortions through the 2nd trimester of pregnancy in the US is legal, members of the electoral college almost always follow the preference of their state’s electorate, TV influences political agenda and influences out assessments of conditions and issues, and the president has become driving force in national policy making. These changes occur through judicial interpretation, through political practice, and as a result of changes in tech and changes in demands on policymakers.

The 1803 case in which the Supreme Court asserted its power to determine the meaning of the US Constitution. The decision established the Court’s power of judicial review over acts of Congress.

The power of the courts to determine whether acts of Congress and those of the executive branch are in accord with the US Constitution. This was established by Marbury V. Madison.

Give new meaning to Constitution. Most important related to political parties and presidential elections. Parties disliked by Constitution authors. 1800 party system developed. This also changed the vote of electoral college in selecting the president. Writers intended no popular vote for president; state legislatures for the voters would select wise electors who would then choose a “distinguished character of continental reputation” to be president. They formed electoral college. Parties required electors to vote for candidate who won state’s popular vote.

Media always played important role in politics. 19th century this spurred the development of mass media. Mass media increased reach with the Internet. This has changed the way we select elected officials. Government bureaucracy grown in importance with computers. Electronic communication and atomic weapons have increased power of the president in the constitutional system.

International affairs gives more power to the president. Also domestic policy demand have given president prominent role in federal budget and a legislative program. War on Terrorism great example along with the USA Patriot Act after 9/11.

Constitution created a system of this to adapt to needs without sacrificing personal freedom. Framers allowed future generations to determine their own needs and to interpret the Constitution accordingly. This has helped ensure the survival of the Constitution and the nation. Oldest functioning Constitution among Western nations.