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P3 | APUSH | Wiley | Creating the U.S. Gov. (1787-’91) Note Guide, D___ Name:The Constitutional Convention (1787) Met as the nation under the _______________________________ seemed to be falling apart (Shays’ Rebellion fresh in minds)Delegates were ______________________________ who tended to view democracy as synonymous with “mob rule”; they were patriotic and supporters of republicanism, but they were __________democratsMisc. notes:All but 1 of 55 delegates were wealthy property owners; 19 owned slaves; Washington served as chairman; all states sent delegates, except RI, who opposed strong central authority; most of the attendees were not die-hard revolutionaries; notable figures like John Adams and Thomas Jefferson were absentDecided to scrap the idea of revising the AOC and instead consider James Madison’s Virginia Plan, which called for a ___________________ national government Madison is considered the _______________________ of the U.S. Constitution and the Bill of Rights; was the preeminent republican political theorist of his generation Debate soon broke out over the VA Plan and its alternative, the NJ PlanThe Virginia PlanSupremacy of national authority over states; nation could __________ state laws Bicameral (two-house) legislature based on ______________________Voters would only elect the lower house of the national legislature, which would then select the upper houseBoth would appoint the executive and judiciaryUpper house would be _______________________ from democratic pressure with longer terms in office (wouldn’t have to worry about getting reelected; would not have to please the masses)Representation would be based on population (the more people in your state, the _______________________________ you received) Met with opposition from smaller states, whose voice would be silenced by the more populous statesNew Jersey PlanAlso proposed a strong national government but the nation could not veto state laws_____________________ (one-house) legislature: one vote per state (“_______________-” representation), as in the Confederation Congress Smaller states stood to gain powerMet with opposition from more populous states, who felt their larger populations entitled them to a greater say in governmentGreat CompromiseAlso proposed a strong national governmentCreated a bicameral legislature based on population and equal representation (thus, a compromise between the VA and NJ Plans)_________________________________________________________________________________________________Though both chambers would serve as the lawmaking body, they were different in many respects The PreambleOutlines the __________________ of the Constitution We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, 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.How the Founders Conceived of the Preamble“…more perfect union” – __________________________________________________________________________________“…establish justice” – _________________________________________“…ensure domestic tranquility” – ____________________________________________“…provide for the common defense” – ________________________________________________“…promote the general welfare” – __________________________________________________________________________“…secure the blessings of liberty to ourselves and our posterity” – ________________________________________________Framework of the ConstitutionPreamble: purpose of documentArticle 1: Legislative: ___________________________Article 2: Executive: ____________________________Article 3: Judicial: ______________________________Article 4: Relations among the states: treat citizens from other states as it treats own; ________________ suspected criminals Article 5: ______________________ process: 2/3 vote of each house in Congress and ratification from 3/4 of the state legislatures Article 6: Supreme law: federal law _______________________ all state/local laws; when laws conflict, federal law reigns supremeArticle 7: _____________________: 9 states must ratify the document before it goes into effect Bill of Rights: Added in 1791 Political Philosophy of the FoundersRepublicanism: Republicanism is a form of government that adheres to the notion of popular sovereignty (government derives its powers from the consent of the governed) and __________________________ (where citizens exercise their power through elected representatives)The aforementioned reps. are constrained by laws, a constitution, and other gov. institutionsEx: Representatives in the House are directly elected by the people of their states every 2 years but cannot pass laws without agreement from a different gov. institution: the SenateSeparation of powers and checks and balances: Assignment of law-making (legislative), law-enforcing (executive), and law-interpreting (judicial) so as to spread power Gives each branch some scrutiny of and control over the other branches so as to avoid ____________________Ex: President has power to make treaties with other nations but must attain Senatorial consent from 2/3 of that body Limited government:Government may only do those things that the people have given it the power to doGovernment operates within certain bounds set by the Constitution (so as to avoid tyranny)With the opportunity to amend the Constitution, the government is only limited if the _______________ choose to keep it that way ____________________: Division of power between a central/national government and regional/state governments (so as to spread power and avoid tyranny)Citizens are subject to both state and federal lawsEx: Convention refused to set a property requirement for voting in national elections; left these issues to the ________________ Ex: States would select the _________________ who would choose the presidentEx: To amend the Constitution the federal government and states must work togetherAmendment X: The powers not delegated to the U.S. by the Constitution…are reserved to the States.By allowing the states to have important roles in the new system, the delegates hoped that their citizens would accept limits on state sovereignty Fear of pure democracy:Many elements of the Constitution were engineered to ensure the elites would run the country so that the “excesses of democracy” would be controlledOriginal Constitution elected senators by state _______________ as opposed to the people (not changed until 1913)Though the House was democratic, the representatives were only in office for 2 years; plus, most state constitutions had conservative electoral laws, which would mean that most states would be voting in “respectable” delegates_________________ ensured uneducated masses didn’t elect someone unfit for the presidencyLife terms of federal judges were instituted as a safeguard against majority tyranny; judges would not be elected by the people The Founders sought to create an enduring document:right1079500Most evident through the _________________________ process“Constitutions should consist only of general provisions: The reason is, that they must necessarily be permanent, and that they cannot calculate for the possible changes of things.” – Alexander Hamilton (see image, right)By building in an amendment process in Article 5, the framers were allowing for formal changes to the Constitution; the founders hoped this flexibility would allow the Constitution and the government to endureThe process for amending the Constitution not easy; there are currently ___ amendments but over 11,000 have been introduced in Congress 476250022669500Slavery & the ConstitutionSlavery was not a major topic of discussion at the convention; when discussed, some delegates spoke out against the institution of slavery; even slave-owning delegates, like Madison, recognized that slavery _______________________________ republican principles In acknowledgment of the antislavery delegates, the Constitution does not mention the words slavery or slave; it speaks only of citizens and “all _____________________________”Many supported an end to the Atlantic slave trade; some slave-states, like VA, actually supported abolishing the international slave trade because it would ______________________ the value of their slaves Convention compromised by denying Congress the power to regulate the international slave trade until _______; only at that point could Congress abolish (or choose not to abolish) it; it chose to__________________ clause was included to placate Southerners; allowed masters to reclaim enslaved blacks or white indentured servants who fled to other states Slave Representation and TaxesSouthern Perspective:Northern Perspective:Convention compromised by counting slaves as __________ of a free person for purposes of both _________________________________________________ Helped Southerners dominate the national government until 1860For all of these reasons, the ___________________ is said to have sanctioned (authorized, endorsed, legitimized) slavery Given the information above, is it a fair argument to say that the Constitution sanctioned slavery? Why or why not?Constitution Factionalizes the Country __________________ (those in favor of a strong central government) decided to call themselves Federalists, which implied support of a federal union—a loose, decentralized system—which obscured their commitment to big government Those opposed to the Constitution were, by default, called the ___________________Federalists AntifederalistsSupported the idea of a strong republican government that would be patriarchal and paternalistic Believed that the ________________ would pollute the political landscape Felt the __________________ would create order, stability, virtue, and prosperity Elitist, conservativePrincipally merchants, manufacturers, professionals; wealthier and educated Americans Noteworthy men who supported the Constitution of 1787, which created a strong central government: Washington, J. Adams, Madison, Franklin, Jefferson*, Hamilton Feared loss of __________ powerFeared central government run by wealthy elite Wanted government close to the peopleWanted “States United” rather than “United States”Argued that republican institutions were best suited to small polities (see Rev. Inglis’s rebuttal to Paine) Wanted national government for trade and defense, nothing else Feared recreating British rule Wanted a specific listing of individual rightsFelt the Constitution represented a _______________ of the ideals that had motivated the Revolution Worried about the federal government’s power to tax; a federal court that could overrule state courts; no term limits for the executive; etc. Principally farmers and poorer classes; did not see how they would gain from such a government Feared stronger government would destroy the liberties Americans had won in the Revolution *When the Federalists became an official party during the Washington Administration, Jefferson would NOT be a member. Instead, he created the opposition party, the Democratic-Republicans. Thus, a “Federalist” in 1787 and 1795 meant different things.The Federalist Papers, 1787-’88: Public debates between Antifederalists and Federalists were heated; __________ broke out in several cities in 1787By mid-1788, 9 states had ratified the Constitution, thus making it the new supreme law of the land in those statesThe remaining 4—NY, VA, NC, and RI—had Anti-Federalist majorities who hated the new Constitution but knew they couldn’t survive for long without the other states To build support for the Constitution in the face of criticism and fear, Alexander Hamilton, James Madison, and John Jay published a series of 85 essays now known as the Federalist Papers; extolled the benefits of a strong central government with ______________________________________________ so as to avoid tyranny Federalist #10In response to the claim that republicanism could not work in such a large area as the United States, Madison argued that a _______________________________________________________________ than a smaller nation“Extend the sphere and you take in a greater variety of parties and interest,” which would “inhibit the formation of a majority eager to invade the rights of others.”Madison argued that minority rights would be better protected in a large republic because many diverse factions would arise in such a large territory, preventing one from gaining too much powerImpact of the EssaysThe essays swayed many minds and provided invaluable insights to the thinking and intentions of the Constitution’s framersThe essays, along with an agreement to add a Bill of Rights (see below), led to ______________________________But the vote was close in many state ratification conventions The Bill of Rights, 1791The 4 Antifederalist strongholds—_______________________—agreed to ratify the Constitution only if the document was ____________________ to include a list of undeniable rights and liberties of the peopleFederalists had argued that a bill of rights was unnecessary in Federalist No. ___: Even if one branch of the new national government tried to curtail the individual rights of citizens, the other branches would act to prevent such abuses due to separation of powers / checks and balances built into the Constitution The Bill of Rights (the 1st 10 amendments) was drafted by _____________________________These ten amendments promised and protected such basic rights as freedom of speech, press, assembly, and religionRepresent the important constitutional ______________ of the Antifederalistscenter1395100I: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.II: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.III: No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.IV: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.V: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.VI: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.VII: In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.VIII: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.VIX: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.X: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.Note: It was not until the 20th century that states were bound by the amendments above. This helps to explain why institutions like established churches, for example, existed in some states throughout the 19th century, despite the First Amendment’s establishment clause.Interpreting the ConstitutionDebates during the 1st administration would lead to disagreement regarding how the Constitution should be interpreted Strict Construction / OriginalismLoose Construction / InterpretivismOnly do what the Constitution specifically says you can do_____________________ use of “elastic clauseEmphasis on 9th and ____ amendments Supported by those suspicious of big government In the early republic, this camp was more “democratic”Government has implied powers and should use them to promote the general welfare (general welfare is referenced in the preamble and Article 1) _______________ use of the “elastic clause”In the early republic, this camp was made up of “conservatives” Most of the __________________ maintained this position (Washington, Hamilton, Adams), with the exception of Jefferson (though during his presidency he would sometimes endorse interpretivism) Relationship between the Founding DocumentsThe Declaration and the Constitution are collectively called the “founding documents”The Declaration is a vision (more radical): the principles set forth are applicable to all people across time The Constitution is an attempt to make that vision a reality: a form of government meant for a specific peopleBased on the description above, determine if the statements below come from the Declaration or Constitution:1)__________________: When in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another…they should declare the causes which impel them to the separation.2)__________________: No title of nobility shall be granted by the United States.3)__________________: The Congress, whenever two thirds of both houses shall deem it necessary, shall propose Amendments…4)__________________: We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights…right1816800The Legislative Branch | Article I of the Constitution Lower House—House of RepresentativesComprised of delegates from each state apportioned based on population (more populous more delegates, more power)“______________________________”________________________________ by the people in each state every 2 years (according to electoral laws prescribed by each state) Larger size and more frequent elections More democratic (directly elected by the people of the states); more “volatile”Highly democratic today, not as democratic in 1787, but the most democratic of all institutions created at the Convention Upper House—The Senate Comprised of 2 senators from each state, regardless of population, giving more power to smaller states, as in the Electoral College______________________________________________________ (this changed in 1913, when the 17th Amendment was passed; Senators are now directly elected by the people of the states)Longer terms would insulate senators from the peopleSenators must accommodate a larger range of interests/pressures than House membersSenators are often ____________________________________________More elite chamber that serves to cool/steady the legislation coming from the House (“_______________________________”)Founders wanted a chamber that would be less subject to popular passions and impulses, highlighting fear of “mobocracy” and tyranny majority"The use of the Senate, is to consist in its proceedings with more coolness, with more system and with __________________________________, than the popular branch." – MadisonOnly a third of the body is up for reelection every two years (provides more stability)Representation in the SenateEach state has an equal voice, regardless of populationThe nation’s least populous state, Wyoming, has as much political power in the Senate as does the most populous state, CaliforniaThe 2 senators from Wyoming represent about half a million people, while the 2 from California represent more than 36 million peopleThe 26 smallest states, who represent about 17% of the nation’s population, constitute a majority of the SenateRecord your thoughts regarding representation in the Senate:right2422400Joint Congressional Powers Pass laws (__________________________________________), which are then sent to the president; can veto a presidential veto to their legislation by 2/3 vote in each houseLay and collect taxes; pay the debts; borrow money; coin moneyRegulate commerce with foreign nations, and among the several states, and with the Indian tribesProvide for the common defense and general welfare of the United StatesEstablish a uniform rule of naturalization (process for becoming a citizen)Establish post officesPromote the sciences/arts by securing for limited times to authors/inventors exclusive right to their writings/discoveriesDeclare war; raise and support an army and navy; call forth state militia to execute the laws of the union, suppress insurrections, and repel invasionsOversees agencies to ensure laws are being carried out as intended (check on _______________________)Can shape judicial jurisdiction (check on __________________________)Can propose a Constitutional amendment, which will then go to the states, 3/4 of which must ratify for amendment to be addedright5747200Controversial Congressional Power “Congress shall . . . make all laws which shall be ___________________________________________ for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof”This is referred to as the “________________________________” because it has been interpreted as a way to give Congress the power to stretch its listed powers Expressed Power: collect taxes Implied power: punish tax evaders; use tax revenue to finance public schools, health, housing, etc.Expressed Power: Raise army/navy Implied power: _______________________________________________Expressed Power: Regulate commerce Implied power: _______________________________________________Unique Powers of the HouseHas the sole power to ______________________________________________ for treason, bribery, or other high crimes and misdemeanors (check on all institutions of government)Has the sole power to introduce bills concerning finance (all revenue bills must originate in the House) Powers of the Senate ________________________________________________________ appointed to office by the president (federal judges, dept. heads, ambassadors) (check on presidential power)Ratifies/rejects ____________________________________ with other nations; thus, the Senate plays a more active role in foreign policy (check on presidential power)Serves as a _______________________________when a federal official is impeached by the House; decides whether or not the official will be removed from office; requires a 2/3 vote (check on House power)Given the information discussed above, would you rather be a Senator or Congress(wo)man? Why?36302951079500Term Limits DebateFamiliarize yourself with the arguments for and against term limits, a contentious topic in American politics. Reminders about Congressional elections: They take place every 2 yearsAll members of the House face reelection, since they only serve 2-year terms1/3 of the Senate is up for reelection every two years. Senators serve a total of 6-year termsYES TO TERM LIMITSNO TO TERM LIMITSThe current Congress is often viewed as a dismal failure and is in desperate need of new ideas, procedures, and influence.Political machines (local party voting infrastructure, redistricting power, media contacts, etc.) of incumbents make it very difficult to remove them from office (vote someone new in).Lobbyists and big-money campaign contributors usually direct their efforts at those in power, making it difficult for a new candidate to get off the ground.Politicians are less likely to be focused on special interests if they cannot stay in office indefinitely.Lack of term limits leads to a system of seniority, meaning those who have spent the most time in office gain more power, esp. in Congressional committees; consequently, politicians focus on staying in office, and fresh new elected officials have limited ability to make changes.Term limits would lead to a "citizen" Congress, rather than one filled with career politicians.There is less chance for corruption if time in office is limited; new politicians are less likely to have the knowledge to exploit the system for personal gain and are more skeptical of lobbyists & special interests.Politicians in their last term of office are more likely to ignore politics and media criticism to target what's best for the country.Term limits kick out the good leaders who may deserve to stay in office for excellent work. Term limits would terminate the good politicians along with the bad.Every job has a learning curve, and Congress is no exception. Any new politicians would have to go through that when they come into office.Politicians that leave office take with them a lot of experience and contacts that are essential to get things done. New leaders would have to develop these from scratch.Politicians who are in the last term of office are more likely to ignore the will of the people since they don't face the wrath of the electorate in the future. Having no term limits keeps the representatives of the people accountable to the public because they’re up for reelection—which is more democratic!Reduces the range of voter choice, since good leaders may no longer be allowable.Instead of term limits, a reform of Congress’ procedures would fix the problems. Most of the concerns are about special interests—so let’s change campaign finance laws to prevent special interests from dominating our politics!Term limits go against what the founders intended!What are your thoughts/questions on term limits?What are your thoughts/questions regarding the makeup of Congress today?right66146200The Executive Branch | Article II of the Constitution Delegates were careful not to create an all-powerful, dictatorial presidency, yet they knew the executive had to carry significant weight…Debates about the nature of the office began . . . _______________________________________________________________________________Delegates also debated what to call the president; Adams suggested “His Highness”; others “His Elective Highness”; they settled on “Mr. President,” setting the standard for generations to comeBeyond detailing basic qualifications and powers, Article 2 on the presidency is very vague and ______________________________The delegates had no model, no existing presidency on which to base their description of the office (they invented the office) Their blind trust in ________________________________ gave them confidence that this would work, and he would set the best example, which many say he did Formal Powers and Responsibilities Commander in Chief of the _________________________Power to grant pardons, except in cases of impeachmentPower to make treaties with foreign nations, with the consent of the SenatePower to appoint cabinet members, ambassadors, judges, and other officers with the consent of the SenatePower to convene Congress; deliver a state of the union to CongressCaring for the ________________________________________ (must see to it that the laws of Congress are implemented) Power to ________________ laws coming from Congress (check on legislative power)Modern Presidential RolesTermsPresidents serve ____-year terms; original Constitution ___________________ set term limitsUntil ______________, there were no term limits on the presidency; the 22nd Amendment (1951) states that presidents may serve up to 2 terms, or a maximum of 8 yearsPrior to Franklin D. Roosevelt, few presidents attempted to serve more than two termsElectoral CollegeDelegates could not decide whether the president should be chosen by Congress or by popular election; the Electoral College was their compromise______________________________________________________________________________To be president, one would need enough votes from enough electors in enough states Thus, the President is not elected directly by the voters right19563700The Judicial Branch | Article III of the Constitution Background Court is very _____________________ compared to the other branchesAmericans tend to _____________________________ the Court’s impact Worcester v. Georgia (1832)Brown v. Board of Education (1954)Patrols the boundaries of the republic, but with limited weaponry; __________________________________________________________________________What Article 3 Outlines for the JudiciaryJudicial Independenceright2032000“The Least Dangerous Branch” 36506153365500Judicial ReviewWhat questions or thoughts do you have about the judiciary given the material presented?center115305600 ................
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