Government 2301 Class Notes

Front 1

Constitutional Convention: Ground Rules (1-5)

Back 1

1. George Washington elected President of Convention.
2. All debates and discussions are kept secret.
3. The Convention meets as a Committee of the Whole.
4. All states have one vote.
5. Proposal to change the government and not revise it.

Front 2

Constitutional Convention: Virginia Plan (who proposed it, and what were the main 6 characteristics)

Back 2

Proposed by Edmund Randolph & drafted by Madison.
1. Bicameral Congress based upon population.
2. Lower house chosen by the people.
3. Upper house chosen by the lower house
4. Congress elects unspecified national executive.
5. Congress could void state laws.
6. Creates judiciary that is appointed by Congress.

Front 3

Constitutional Convention: New Jersey Plan (who proposed it, and what were the main 6 characteristics)

Back 3

Proposed by William Paterson
1. Unicameral Congress with each state having one vote.
2. Congress would regulate commerce and raise taxes.
3. All acts of Congress would be supreme law of the land.
4. A plural executive who is appointed by Congress.
5. Removal of executive by state governors.
6. The plural executive would appoint a Supreme Court

Front 4

Constitutional Convention: Connecticut Compromise (who proposed it, and what were the main 5 characteristics)

Back 4

Proposed by Roger Sherman
1. Bicameral Congress
2. Lower house elected by the people and based on populations
3. Upper house appointed by state legislatures with two per state.
4. National judiciary appointed by executive with Senate Approval
5. Supremacy Clause

Front 5

Constitutional Convention; North-South Issues (Trade and Slavery): Northern Proposal

Back 5

1. Trade agreements by simple majority vote.
2. Slaves would not be counted for representation.
3. Slaves would be counted for taxes
4. States would be admitted slowly and must be free
5. Reapportionment at discretion of Congress

Front 6

Constitutional Convention; North-South Issues (Trade and Slavery): Southern Proposal

Back 6

1. Trade agreements would require 2/3 majority vote
2. Slaves would be counted for representation
3. Slaves would not be counted for taxes
4. States would be admitted quickly and would allow slavery.
5. Frequent and mandatory reapportionment

Front 7

Constitutional Convention; North-South Issues (Trade and Slavery): Final Agreements

Back 7

1. Three-fifths Compromise-Slaves would count three-fifths for representation and taxation
2. Trade agreements by simple majority
3. No export taxes
4. No prohibition of slave importation until 1808
5. States would be admitted quickly
6. Reapportionment by census every ten years

Front 8

Constitutional Convention: Northwest Ordinance--1787

Back 8

1. Northwest Territory will have free states.
2. States may enter when attained 60,000 free inhabitants
3. No more than five nor less than three states

Front 9

Congressional Power: Predominant Power

Back 9

1. Power of the Purse
2. Pass Laws
3. Investigate

Front 10

Congressional Power: Limits and Checks

Back 10

1. Enumerated Powers
2. Divide into two houses
-Different constituencies
-Different house rules
-Different modes of election
3. Must pass identical laws
4. Presidential veto
5. Judicial review

Front 11

Presidential Power: Office and method of election

Back 11

1. Single vs. multiple executive
2. Term of office
3. Method of election
-Congressional appointment
-Appointment by the states
-Popular election
-Electoral College

Front 12

Presidential Power: Presidential roles:

Back 12

1. Chief Executive
2. Chief Legislator
3. Chief Diplomat
4. Commander-in-Chief

Front 13

Presidential Power: Limits

Back 13

1. Senate approval of appointments
2. Congressional override of veto
3. Senate approval of treaties
4. Cannot declare war
5. Cannot raise troops or build navy
6. Congressional review and oversight
7. Impeachment and removal
8. Judicial review

Front 14

Judicial Power: Responsibilities

Back 14

1. Lifetime appointment
2. Salary cannot be reduced
3. Interpret the Constitution and the law
4. Supremacy Clause
5. Judicial review

Front 15

State Government Power:

Back 15

1. Cannot print or coin money
2. Cannot make foreign treaties
3. Cannot impair contracts or obligations
4. No bill of attainder
5. No ex post facto laws
6. No title of nobility
7. Cannot levy import or export taxes unless Congress approves
8. Cannot keep troops or warships or enter into a foreign alliance
9. Cannot engage in warfare unless invaded or in imminent danger

Front 16

Central Government Responsibilities:

Back 16

1. Guarantee every state has a republican form of government
2. Will protect every state from invasion or domestic violence

Front 17

Ratification of the Constitution: Ratification process

Back 17

1. Approval of state conventions elected by the people
2. Constitution becomes effective when nine states approve

Front 18

Ratification of the Constitution: Opposition at the Convention

Back 18

1. Only 39 of the remaining 42 delegates signed the doc on Sept 17
2. Edmund Randolph opposed
-Afraid constituents would not like the new Constitution
-Requested a second convention
3. George Mason opposed
-No bill of rights
-Mixture of executive and legislative powers in the Senate
-Simple majority for trade agreements
-Favored a second convention

Front 19

Ratification of the Constitution: Federalist Papers

Back 19

1. Response to Anti-Federalist writings in New York
2. 85 essays defending the Constitution
3. Hamilton (51) Madison (29) Jay (5)
4. Wrote 77 essays between Oct 27, 1787 and the end of March 1788
5. Defended the fact that there was no bill of rights and corrected the misleading essays of the Anti-Federalists
6. Final 8 essays written by Hamilton in April and May
7. Published as 2 volumes in May 1788
8. Considered to be the best explanation of our Constitution

Front 20

Segment from James Madison, Federalist #63

Back 20

"...there are particular moments in public affairs, when the people stimulated by some irregular passion, or some illicit advantage, or misled by the artful misrepresentations of interested men, may call for measures which they themselves will afterwards be the most ready to lament and condemn. In these critical moments, how salutary will be the interference of some temperate and respectable body of citizens, in order to check the misguided career, and to suspend the blow mediated by the people against themselves, until reason, justice and truth, can regain their authority over the public mind? What bitter anguish would not the people of Athens have often escaped, if their government had contained so provident a safeguard against the tyranny of their own passions?

Front 21

The Formal Constitutional Amendment Procedure: Method typically used

Back 21

EITHER.....By the legislatures of three-fourths of the states...
OR.....By conventions in three-fourths of the states

Front 22

The Formal Constitutional Amendment Procedure: Method used once (21st)

Back 22

EITHER....By a two-thirds vote in both houses of Congress
OR....By a national convention called by Congress at the request of two-thirds of the states.

Front 23

What is an ex post facto law?

Back 23

A law intended to apply to crimes or events that took place before its passage. The United States Constitution forbids the passage of ex post facto criminal laws, on the principle that it is wrong to punish an act which was not illegal when committed.

Front 24

What is a writ of habeas corpus?

Back 24

A summons with the force of a court order which serves as an important check on the manner in which state courts pay respect to federal constitutional rights. The writ is "the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action."

Front 25

What is a bill of attainder?

Back 25

A legislative act that singles out an individual or group for punishment without a trial.

Front 26

What was the procedure required to ratify the Constitution?

Back 26

The Articles required that any changes in constitutional law be presented to the state legislatures, and that any successful alteration required unanimous approval.----amendments must then be ratified either by approval of the legislatures of three-fourths of the states or ratifying conventions held in three-fourths of the states. Congress has discretion as to which method of ratification should be used.

Front 27

What was the strongest argument against the Constitution?

Back 27

Bill of Rights

Front 28

Who initiated the Federalist Papers?

Back 28

Alexander Hamilton

Front 29

Name the three writers of the Federalist Papers:

Back 29

Alexander Hamilton, James Madison, John Jay

Front 30

What was the purpose of the essays (Federalist Papers)?

Back 30

Their purpose was to persuade the New York convention to ratify the just-drafted Constitution.

Front 31

What was the separation of powers designed to do?

Back 31

To prevent the majority from ruling with an iron fist. Based on their experience, the framers shied away from giving any branch of the new government too much power. The separation of powers provides a system of shared power known as Checks and Balanves

Front 32

What were the Founders' beliefs concerning human nature?

Back 32

Locke's political theory was founded on social contract theory. Unlike Thomas Hobbes, Locke believed that human nature is characterized by reason and tolerance. Like Hobbes, Locke believed that human nature allowed men to be selfish. This is apparent with the introduction of currency. In a natural state all people were equal and independent, and everyone had a natural right to defend his “Life, health, Liberty, or Possessions", basis for the phrase in the American Declaration of Independence; "Life, liberty, and the pursuit of happiness"

Front 33

Types of Democracy:

Back 33

Direct Democracy --direct participation
Representative Democracy--republicanism (qualified citizens elect representatives)
Constitutional Democracy (written framework that limits govt by law)

Front 34

Conditions for a Liberal Democracy

Back 34

1. Rule of Law
2. Individual Liberty
--freedom of action, fair & equal treatment, and property rights
3. Limited Government
--enumerated powers, enumerated rights, due process of law
4. Prosperous Economy
--large middle class, economic and social mobility, goof public education, free market economy.
5. Common Political Values
--respect for individual liberty, ethnic and religious tolerance, belief in the art of compromise, acceptance of majority rule, acceptance of rule of law, sense of civic responsibility for the common good.