Chapter 1

1/5/23

American Political Culture

• When Americans assert their rights they are doing so based on revolutionary ideas

• These ideas make up the country’s basic DNA

Enlightenment Principles

• Enlightenment principles shaped American revolutionary ideas

• Democracy: power held by the people

• Natural rights: the right to life, liberty, and property in which gov. Cannot take away (John Locke)

• Social contract: people allow their government to rule over them to ensure an orderly and functioning society

The Declaration of Independence

• Jefferson’s arguments:

• British government no longer legitimate

• Inalienable rights were denied to citizens

• “Life, Liberty, and the pursuit of happiness” - should be self-evident under the law of nature

• A long list of grievances against the King of England

• No representation, justice obstructed, standing armies threatened, unfair taxes imposed

Government by the People

• Popular Sovereignty: the idea that the government’s right to rule comes from the people

• Republicanism: the authority of the government comes from the people

• Representative government

• Americans use free, fair, and frequent elections to hold officials accountable

• Opposes a direct democracy

Two Visions of Liberty

• Social, political, and economic freedoms

• Freedom from interference by a government

• Freedom to pursue one’s dreams

• Conflicts with government-imposed order

Competing Theories of Democracy

• Three different theories

Participatory Democratic Theory

• A theory that widespread political participation is essential for democratic government

• The more ways people have to participate

• Citizens can join groups outside of the government's control

• Demonstrates strong civil society

• Joining voluntary associations prepares citizens for the democratic process

• Work for a common good

• Think in individuals

Pluralist Theory

• Americans have always united for a common purpose with like-minded people

• America is “a nation of joiners”

• A theory of democracy that emphasizes the role of groups in the policymaking process

• Groups compete, and no one group dominates

• Results in bargaining and compromise

• Americans generally join interest groups that collectively seek to influence policy outcomes

• National Rifle Association (NRA)

• American Association of Retired Persons (AARP)

• Think in groups

Elitist Theory

• A theory of democracy that the elites have a disproportionate amount of influence in the policymaking process

• A small minority dominates politics by influencing elected officials

• Represented by wealthy interest groups and donors

• Top 1% of earners

• Tax exemptions

• Lax government regulations

1/9/23

What influenced the American government?

• The Age of Enlightenment 1650s-1780s

• Challenged the authority of the Catholic Church

• The idea of Reforming Society with toleration, science, and skepticism

• The idea of natural rights-all humans are born with these

• Life

• Liberty

• Property

• The idea of social contract- people need protections and agree to give up certain freedoms for that protection. What is the best form of protection?

• Absolute Monarchy (Hobbes)

• Constitutional Monarchy or Republic (Locke)

• Limited government with the consent of the governed (Locke)

• Democracy or whatever is decided directly by the people (Rousseau)

• Early British documents

• Magna Carta

• English Bill of Rights

• Petition of Right

• State Documents

• Viriginia Declaration of Rights (George Mason)

• Massachusetts Body of Liberties

• General mistrust of strong national government based on the former colonial relationship with Britain

Thinkers of the Enlightenment

Thomas Hobbes (British)

• Ideas:

• A social contract exists between rulers and the governed

• Absolute rulers may be necessary to maintain order in a “state of Naure”

• Major work:

• Leviathan

John Locke (British)

• Ideas:

• People have natural rights to life, liberty, and property

• Major work:

• Two Treatises on Government

1/10/23

Jean-Jacques Rousseau (French)

• Idea:

• Popular sovereignty: Government must do what the people want it to do

• Major Work:

• The Social Contract

Charles-Louis Montesquieu (French)

• Idea:

• A government’s power should be limited, and it should be divided among different groups of people

• Major Work:

• The Spirit of the laws

Voltaire (French)

• Idea:

• Free Speech: “I may disapprove of what you say, but I will defend to the death you're right to say it”

• Major Work:

• Candide

Mary Wollstonecraft (British)

• Idea:

• Women should have the same rights and opportunities as men have

• Major Work:

• Vindication of the Rights of Women

Adam Smith (Scottish)

• Idea:

• Government should not try to control the economy

• Major Work:

• The Wealth of Nations

Chapter 2

James Madison: Clear-Eyed Visionary

• Constitution: a document that sets out the fundamental principles of governance and etsblishes the institutions of government

• Republic: a government ruled by representatives of the people

• Madison’s goal: create a republic that lasted

The Articles of Confederation

• Adopted by the second continental congress in 1777

• Created a loose “leaugue of friendship” among the states

• Union of sovereign states supreme to national government

• Provided equal representation to all states with one vote in congress

• Unicameral (one house) legislature

• No independent executive of judiciary

• Lacked power to tax

• States controlled trade (imports)

• National government intentionall weak

• GOAL: avoid tyranny

The End of the Articles

• Annapolis Convention

• Called in 1786 to address trade and navigation disputes among the states

• Participation was weak (5 of 13 states represented)

• Called for another convention in Philadelphia

• Shay’s Rebellion

• A popular uprising against the government of Massachusetts, led by Daniel Shays

• Illustrated the weakness of the Articles and led many skeptics to argee to replace the Articles of Confederation

Problems with the Articles

• Shortage of “hard money” and plenty of debt

• National government could not regulate commerce among the states or levy taxes under Articles

• Had to ask the states for money

• Internal rebellions, like Shay’s Rebellion, could not be stopped because the Confederal Congress could not raise an army

• These crises led to calls for change

1/12/23

The Constitutional Convention

• In May 1787, 55 delegates from 12 of the 13 states met in Philadelphia to amend the Articles of Confederation

• James Madison: Father of the Constitution

• George Washington: President of the Convention

• Alexander Hamilton: Leading proponent of the strong national government

• Delegates were all men, educated, elites, had political experience, ⅓ owned slaves

Protecting Freedom

• Goal: Create a strong fiscal and military state while simultaneously protecting individual liberty

• Protections in the Articles of the Constitution:

• Writ of habeas corpus: the right of people detained by the government to know the charges against them

• Bills of attainder: when legislature declares someone guilty without a trial

• Ex post facto laws: Laws punishing people for acts that were not crimes at the time they were committed

• Individual freedoms are mostly protected in the Bill of Rights, not the Articles of the Constitution

Representation in Congress

• Multiple plans emerged as a result of small states and large states arguing for influence in Congress

• Virginia Plan (James Madison - VA)

• 3-branch government with a bicameral legislature

• Larger states had more representation in both chambers

• Lower House: elected directly by the people

• Upper house: nominated by state legislatures and chosen by lower house

• New Jersey Plan (Wiliam Patterson - NJ)

• Unicomeral legislature with each state allotted one vote

A Document of Compromise

• Great (Connecticut) Compromise

• Bicameral (two house) legislature

• Lower House (House of Representatives)

Elected directly by citizens; representation based on population of state

• Upper house (Senate)

• Selected by state legislatures; 2 per state

• Three-Fifths Compromise

• An agreement to count slaves as three-fifths of a person in calculating a state’s representation

• Compromise on Importation

• Slave trade not restricted until 1808

1/13/23

Checking Power

• Separation of Powers: a design of government that distributes powers across institutions in order to avoid making one branch too powerful on its own

• “Serparated institutions sharing powers”

• Checks and Balances: a design of government in which each branch has powers that can prevent the other branches from making policy

• Fear of too much concentration of unchecked power in a single executie

• Federalism: the sharing (division) of power between the national government and the states

• Multiple access points for citizens

The Legislative Branch

• Congress: makes laws

• More power than unicameral legislature under Articles of COnfederation

• Enumerated/Expressed powers: authority specifically granted to a branch of the government in the Constitution

• Borrow money, tax, regulate interstate commerce

• Nencessary and Proper (Elastic) Clause: Article 1, Section 8, granting Congress necessary powers to carry out enumerated powers

• Implied powers: authority of the federal government that goes beyond its expressed powers

The Executive Branch

• Single Executive (although debated)

• 4-year term (no limits on terms)

• Job is to carry out the laws that have been passedby Congress

• Most powers shared with Congress to prevent tyranny

• Veto, commander-in-chief, oversee execution of law by bureaucracy, treaty making

• Selected by the Electoral College - indirectly elected by the people

The Judicial Branch

• System of federal courts - responsible for hearing and deciding cases through the federal courts

• Supreme Court: highest court in the land

• Lower court structure determined by Congress

• Jurisdiction to handle disputes between states and national government, between two or more states, between citizens of different states

• Supremacy Clause: Constitution and all national treaties and laws shall be the supreme law of the land (article 6)

• Judicial review, the ability of the courts to overturn a law or executive action, is not explicit in Constitution

Changing the Constitution

• Amendment: process by which changes may be made to the Constitution

• Changing Constitution is deliberately slow and difficult

• 2-Stage process:

1. Passage by two-thirds vote in both House and the Senate, or passage in a national convention called at the request of two-thirds of the states

2. A majority vote in three-fourths of the state legislatures, or acceptance by ratifying conventions in three-fourths of the states

1/17/23

Articles

• There are 7 articles in the second section of the COnsttitution, each accomplishing different things

• Article 1: The legislative article lays out the structure and powers of the legislative branch

Article 2: The executive article lays out the structure and powers of thetwo or more states, between citizens of different states

• Supremacy Clause: Constitution and all national treaties and laws shall be the supreme law of the land (article 6)

• Judicial review, the ability of the courts to overturn a law or executive action, is not explicit in Constitution

Changing the Constitution

• Amendment: process by which changes may be made to the Constitution

• Changing Constitution is deliberately slow and difficult

• 2-Stage process:

1. Passage by two-thirds vote in both House and the Senate, or passage in a national convention called at the request of two-thirds of the states

2. A majority vote in three-fourths of the state legislatures, or acceptance by ratifying conventions in three-fourths of the states

1/17/23

Articles

• There are 7 articles in the second section of the COnsttitution, each accomplishing different things

• Article 1: The legislative article lays out the structure and powers of the legislative branch

• Article 2: The executive article lays out the structure and powers of the executive branch

• Article 3: The judicial article establishes a national judiciary and gives Congress the power to create additional court systems

• Article 4: Deal with the relationships betweeen states

• Article 5: Provides methods for amending the Constitution

• Article 6: National Debt

• Article 7: Provides provisions for ratification of the Constitution

Amending the Constitution

• Article V provided four methods to amend the Constitution

• Method 1:

• Proposed by a ⅔ vote in each house of Congress

• Ratified by ¾ of the state legislatures

• Method 2:

• Proposed by a ⅔ vote in each house of Congress

• Ratification by conventions in ¾ of the states

• Method 3:

• Proposed by a national convention called by COngress at the request of ⅔ of the states

• Ratification by ¾ of the state legislatures

• Method 4:

• Proposed by national convention called by Congress at the request of ⅔ of the states

• Ratified by conventions in ¾ of the states

Amendments Cont.

• There is no time limit for ratification of an amendment once it is proposed

• Congress may set a time limit if they so choose

• Example: The 27th amendment was proposed in 1789 as part of the Bill of Rights, however it was not ratified until 1992

• 26 of the 27 amendments have been ratified through method 1

• The 21st amendment was added through method 2 in 1933

• This 21st amendment is the only amendment that cancels out another

• It repealed the 18th amendment, which outlawed the sale and consumption of alcohol

Chapter 3

Ratification: Federalists versus Antifederalists

Ratification Debates

• The fate of the Constitution was based on state ratifying conventions

• Delegates were torn over whether or not to ratify the new Constitution

• Two camps emerged: Federalists and Antifederalists

• Divided over:

1. The feasibility of republican government in a large republic

2. The relative power of states and the national governing

Federalists

• Supporters of the proposed Constitution, who called for a strong national government

• Pointed to the problems under the Articles of Confederation

• George Washington, Benjamin Franklin

• Published Federalist Papers to sell the Constitution to the public and push delegates to ratify

• Alexander Hamilton, James Madison, John Jay's name “Publius”

• 1787 New York Papers

Antifederalists

• Opposed to the proposed constitution, which called for stronger state governments

• Played on the fears that a change in government would bring

• The Constitution would be trampled over people’s and state’s rights

• Mistrusted powerful elites; Mostly rural backgrounds

Federalist Papers - No. 10

• Written by Madison

• Advocated for a large constitutional republic

• Feared danger of faction, a group of self-interested individuals who use the