Harrison Ss Midterm 2012

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Natural Rights:

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an individual enters into society with certain basic rights and that no government can deny these rights. Rights not contingent upon the laws, customs, or beliefs of any particular culture or government, and therefore universal and inalienable. We have the right to life, liberty and property, the right to defend ourselves against those who would rob, enslave, or kill us, because of the kind of animal that we are.

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State of Nature:

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a term in political philosophy used in social contract theories to describe the hypothetical condition that preceded governments. There are no rights in the state of nature, only freedoms, and it is the contract that creates rights and obligations. In other versions the opposite occurs: the contract imposes restrictions upon individuals that curtail their natural rights. all men are free "to order their actions, and dispose of their possessions and persons, as they think fit, within the bounds of the law of nature." (2nd Tr., §4). "The state of Nature has a law of Nature to govern it", and that law is Reason. Locke believes that reason teaches that "no one ought to harm another in his life, liberty, and or property"; and that transgressions of this may be punished.

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Unalienable Rights:

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The unalienable rights that are mentioned in the Declaration of Independence ---Inalienable or unalienable refers to that which cannot be given away or taken away. The Declaration of Independence is based upon the "self-evident" truth that "all men are ... endowed by their Creator with certain unalienable Rights".

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John Locke’s purpose of government:

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1. that all men are endowed with certain rights among these are life, liberty and property (jefferson said life, liberty and the pursuit of happiness)

2. that governments are instituted among men to secure these rights
and government is legitimate only so long as it continues to enjoy the consent of the goverened

3. that when government becomes destructive of these ends, it is the right, it is the duty of the people to alter or abolish it and institute new government

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Daughters of Liberty:

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The Daughters of Liberty were a successful group that proved women's involvement in politics could be beneficial for the country. As public support to boycott British goods increased, "Daughters of Liberty" joined the support to condemn British importation. The Daughters of Liberty used their traditional skills to weave yarn and wool into fabric known as "homespun". They were recognized as patriotic heroines for their success, which made America less dependent on British Textiles. The daughters of liberty were one of the many groups of women who fought for woman's equality and supported the soldiers during the American Revolution. Abigail Adams was best known for the letters she sent to her husband urging him to "Remember the ladies" when he discussed the future of the country.

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First Continental Congress:

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was a convention of delegates from twelve British North American colonies that met on September 5, 1774, at Carpenters' Hall in Philadelphia, Pennsylvania, early in the American Revolution. It was called in response to the passage of the Coercive Acts (also known as Intolerable Acts by the Colonial Americans) by the British Parliament. The Intolerable Acts had punished Boston for the Boston Tea Party.
The Congress had two primary accomplishments.
1. The first was a compact among the colonies to boycott British goods beginning on December 1, 1774.[4
2. The second was to provide for a Second Continental Congress to meet on May 10, 1775.

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“Long Train of Abuses” according to Thomas Jefferson:

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Thomas Jefferson was in the mainstream of British radicals when he accused the British monarch of "a long train of abuses," that not only justified but demanded an overthrow of the oppressive government. In both his draft of the Virginia Constitution and the Declaration of Independence, Jefferson listed actions by the British government that could be directly attributed to the evil intentions of the King of Great Britain. This "long train of abuses," which Jefferson compiled with Benjamin Franklin and John Adams, takes up more than half of the Declaration of Independence.

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Final section of the Declaration of Independence:

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The last part of the Declaration of Independence iis referred to as the "Conclusion". It reads as follows:
We, declare, that these United Colonies are, and of Right ought to be Free and Independent States; that they are absolved from all allegiance to the British crown, and that all political connection between them and the state of Great Britain, is and ought to be totally dissolved; and that as free and independent states, they have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent states may of right do.
It was all about the signatures. John Hancock signed his signature the biggest because he wanted to make fun of the king because he was on the most wanted list.

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Stamp act:

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was a direct tax imposed by the British Parliament specifically on the colonies of British America. The act required that many printed materials in the colonies be produced on stamped paper produced in London, carrying an embossed revenue stamp.[1][2] These printed materials were legal documents, magazines, newspapers and many other types of paper used throughout the colonies. Like previous taxes, the stamp tax had to be paid in valid British currency, not in colonial paper money.[3] The purpose of the tax was to help pay for troops stationed in North America after the British victory in the Seven Years' War. The British government felt that the colonies were the primary beneficiaries of this military presence, and should pay at least a portion of the expense.

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Articles of confederation (weaknesses):

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many serious weaknesses. 1) Under the Articles there was only a unicameral legislature so that there was no separation of powers. 2) The central government under the Articles was too weak since the majority of the power rested with the states. 3) Congress, under the Articles, did not have the power to tax which meant that they could never put their finances in order. 4) In order to change or amend the Articles, unanimous approval of the states was required which essentially meant that changes to the Articles were impossible. 5) For any major laws to pass they had to be approved by 9 or the 13 states which proved difficult to do so that even the normal business of running a government was difficult. 6) Under the Articles, Congress did not have the power to regulate commerce which will cause competition between states as well as diplomatic issues,

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Articles of Confederation and Constitution both provide:

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The Constitution was different from the Articles of Confederation in many ways. The Constitution gave our federal government more power, so it could sufficiently run. Under the Articles of Confederation our government was uni-cameral; the Constitution changed it to bi-cameral (House of Representatives and Senate). The US Constitution also created a court system which was previously not existing in the Articles of Confederation.

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Checks and balance:

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--see chart
Not only does each branch of the government have particular powers each branch has certain powers over the other branchs. This is done to keep them balanced and to prevent one branch form ever gaining too much power. For example:
___Congress may pass laws........but the President can veto them.
___The President can veto laws.......but Congress can override the veto with a 2/3 vote.
____The President and Congreess may agree on a law..........but the Supreme Court can declare a law unconsitutional.
____The President can appoint Judges and other government officials.......but Senate must approve them.
_____Supreme Court judges have life terms.......but they can be impeached .

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Enumerated Powers:

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those powers specifically delegated to the Congress by the US Constitution. (standard weights and meansures, coining money, post offices, national defense…)

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Powers of the state government:

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issue licenses, regulate intrastate businesses, conduct elections, est. local elections, est local governments, ratify amendments to the constitution, take measure for public health and safety, may exert powers the constitution does not delegate to the national government or prohibit the states from using.

ie, gay marriage, death penalty

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Commander in Chief:

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A commander-in-chief is the commander of a nation's military forces or significant element of those forces. The president of the United States, Barack Obama.

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Proportional Representation:

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a concept in voting systems used to elect an assembly or council. PR means that the number of seats won by a party or group of candidates is proportionate to the number of votes received. For example, under a PR voting system if 30% of voters support a particular party then roughly 30% of seats will be won by that party. Proportional systems emphasize the political agenda by parties, since parties often function at the heart of proportional representation.

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Judicial Review

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is the doctrine under which legislative and executive actions are subject to review (and possible invalidation) by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority (such as the terms of a written constitution). Judicial review is an example of the separation of powers in a modern governmental system (where the judiciary is one of three branches of government).

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Free exercise clause:

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Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...
The Free Exercise Clause reserves the right of American citizens to accept any religious belief and engage in religious rituals.

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Time, Place, and Manner Restrictions:

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(free speech restrictions) There are, of course, many content-neutral justifications for restricting speech. An anti-leafletting ban helps reduce litter (the Court overturned such a ban in Schneider), a ban on focused picketing outside private homes protects residential privacy (the Court upheld such a ban in Frisby), and a ban on soundtrucks at night helps people get to sleep (the Court upheld such a ban--see also Ward v Rock Against Racism).

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First amendment rights

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Speech
The First Amendment says that people have the right to speak freely without government interference.
Press
The First Amendment gives the press the right to publish news, information and opinions without government interference. This also means people have the right to publish their own newspapers, newsletters, magazines, etc.
Religion
The First Amendment prohibits government from establishing a religion and protects each person's right to practice (or not practice) any faith without government interference.
Petition
The First Amendment says that people have the right to appeal to government in favor of or against policies that affect them or that they feel strongly about. This freedom includes the right to gather signatures in support of a cause and to lobby legislative bodies for or against legislation.
Assembly
The First Amendment says that people have the right to gather in public to march, protest, demonstrate, carry signs and otherwise express their views in a nonviolent way. It also means people can join and associate with groups and organizations without interference.

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Defendants Rights at Trial:

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Defendants Rights at Trial:
• remain silent
• confront witnesses
• have a public trial
• have a jury trial
• have a speedy trial
• be represented by an attorney
• receive adequate representation
• not be tried twice for the same offense (" double jeopardy").

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Procedural Due Process:

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states afford certain procedures ("due process") before depriving individuals of certain interests ("life, liberty, or property").

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Louisiana Purchase:

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the acquisition by the United States of America of 828,000 square miles (2,140,000 km2) of France's claim to the territory of Louisiana in 1803. The U.S. paid 60 million francs ($11,250,000) plus cancellation of debts worth 18 million francs ($3,750,000), for a total sum of 15 million dollars (less than 3 cents per acre) for the Louisiana territory ($219 million in 2011 dollars, less than 42 cents per acre).[1][2][3]
The Louisiana Purchase encompassed all or part of 15 current U.S. states and two Canadian provinces. The land purchased contained all of present-day Arkansas, Missouri, Iowa, Oklahoma, Kansas, and Nebraska; parts of Minnesota that were west of the Mississippi River; most of North Dakota; nearly all of South Dakota; northeastern New Mexico; northern Texas; the portions of Montana, Wyoming, and Colorado east of the Continental Divide; and Louisiana west of the Mississippi River, including the city of New Orleans.
--see map

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Sacagawea:

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was a Lemhi Shoshone woman, who accompanied the Lewis and Clark Expedition, acting as an interpreter and guide, in their exploration of the Western United States. She traveled thousands of miles from North Dakota to the Pacific Ocean between 1804 and 1806.

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Tecumseh:

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a Native American leader of the Shawnee and a large tribal confederacy (known as Tecumseh's Confederacy) which opposed the United States during Tecumseh's War and the War of 1812. Tecumseh has become an icon and heroic figure in American Indian and Canadian history.
"Where today are the Pequot? Where are the Narragansett, the Mochican, the Pocanet, and other powerful tribes of our people? They have vanished before the avarice and oppression of the white man ... Sleep not longer, O Choctaws and Chickasaws ... Will not the bones of our dead be plowed up, and their graves turned into plowed fields?"

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President during Louisiana Purchase:

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Thomas Jefferson

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Lewis and Clark Expedition:

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the first transcontinental expedition to the Pacific Coast by the United States. Commissioned by President Thomas Jefferson and led by two Virginia-born veterans of Indian wars in the Ohio Valley, Meriwether Lewis and William Clark, the expedition had several goals. Their objects were both scientific and commercial – to study the area's plants, animal life, and geography, and to discover how the region could be exploited economically.[1 --see map

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Monroe Doctrine:

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President James Monroe, December 2, 1823.
It stated that further efforts by European nations to colonize land or interfere with states in North or South America would be viewed as acts of aggression requiring U.S. intervention.[1] The Doctrine noted that the United States would neither interfere with existing European colonies nor meddle in the internal concerns of European countries.

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Missouri Compromise:

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an agreement passed in 1820 between the pro-slavery and anti-slavery factions in the United States Congress, involving primarily the regulation of slavery in the western territories. It prohibited slavery in the former Louisiana Territory north of the parallel 36°30′ north except within the boundaries of the proposed state of Missouri.
The United States in 1819. The Missouri Compromise prohibited slavery in the unorganized territory of the Great Plains (dark green) and permitted it in Missouri (yellow) and the Arkansas Territory (lower blue area).

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Corrupt bargaining:

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refers to three historic incidents in American history in which political agreement was determined by congressional or presidential actions that many viewed to be corrupt from different standpoints. Two of these involved resolution of indeterminant or disputed electoral votes from the United States presidential election process, and the third involved the disputed use of a presidential pardon. In all three cases, the president so elevated served a single term, or singular vacancy, and either did not run again, or was not reelected when he ran.

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1st corrupt bargain:

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Presidential Election of 1824: no candidate had received a majority of the Presidential Electoral votes, thereby putting the outcome in the hands of the House of Representatives. To the surprise of many, the House elected John Quincy Adams over rival Andrew Jackson. It was widely believed that Henry Clay, the Speaker of the House at the time, convinced Congress to elect Adams, who then made Clay his Secretary of State. Supporters of Jackson, a Senator from Tennessee at the time, who won a plurality of those popular votes which had been counted (though not necessarily of all votes) as well as the greatest number of electoral votes, denounced this as a "corrupt bargain."[1][2] The "corrupt bargain" that placed Adams in the White House and Clay in the State Department launched a four-year campaign of revenge by the friends of Andrew Jackson.

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2nd corrupt bargain:

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election of 1876, Three Southern states had contested vote counts, and each sent the results of two different slates of electors. Since both candidates needed those electoral votes to win the election, Congress appointed a special Electoral Commission to settle the dispute over which slates of electors to accept. After the commission awarded all the disputed electoral votes to the Republican candidate, Rutherford B. Hayes, and Congress voted to accept their report, some dissatisfied Democrats claimed that Hayes or his supporters had made a secret compromise to secure the support of some Congressional Democrats. Hayes's detractors labeled the alleged compromise a "Corrupt Bargain"[6] and mocked him with the nickname "Rutherfraud."[7]

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3rd corrupt bargain:

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Gerald Ford's 1974 pardon of Richard Nixon was widely described as a "corrupt bargain" by critics of the disgraced former president. These critics claim that Ford's pardon was quid pro quo for Nixon's resignation, which elevated Ford to the presidency.

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Andrew Jackson’s Policy towards Native Americans:

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as president he relocated most Indian tribes from the Southeast to west of the Mississippi River. his policy regarding Native Americans, which involved the ethnic cleansing of several Indian tribes.[40][41] Jackson was a leading advocate of a policy known as Indian removal. Jackson had been negotiating treaties and removal policies with Indian leaders for years before his election as president. Many tribes and portions of tribes had been removed to Arkansas Territory and further west of the Mississippi River without the suffering of what later became known as the Trail of Tears. Further, many white Americans advocated total extermination of the "savages", particularly those who had experienced frontier wars. Jackson's support of removal policies can be best understood by examination of those prior cases he had personally negotiated, rather than those in post-presidential years. Nevertheless, Jackson is often held responsible for all that took place in the 1830s.

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Trail of Tears:

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a name given to the forced relocation and movement of Native American nations from southeastern parts of the United States following the Indian Removal Act of 1830. The removal included many members of the Cherokee, Muscogee (Creek), Seminole, Chickasaw, and Choctaw nations, among others in the United States, from their homelands to Indian Territory (eastern sections of the present-day state of Oklahoma). The phrase originated from a description of the removal of the Choctaw Nation in 1831.[1] Many Native Americans suffered from exposure, disease and starvation en route to their destinations. Many died, including 4,000 of the 15,000 relocated Cherokee.[2]

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Indian Removal Act:

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President Andrew Jackson 1830. The Removal Act was strongly supported in the South, where states were eager to gain access to lands inhabited by the Five Civilized Tribes. In particular, Georgia, the largest state at that time, was involved in a contentious jurisdictional dispute with the Cherokee nation. President Jackson hoped removal would resolve the Georgia crisis. The Indian Removal Act was also very controversial. While Native American removal was, in theory, supposed to be voluntary, in practice great pressure was put on Native American leaders to sign removal treaties. Most observers, whether they were in favor of the Indian removal policy or not, realized that the passage of the act meant the inevitable removal of most Indians from the states.

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Manifest Destiny:

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the 19th century American belief that the United States was destined to expand across the continent. It was used by Democrat-Republicans in the 1840s to justify the war with Mexico; the concept was denounced by Whigs, and fell into disuse after the mid-19th century. Advocates of Manifest Destiny believed that expansion was not only wise but that it was readily apparent (manifest) and inexorable (destiny).

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Mexican Rule of Texas:

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the period between 1821 and 1836, when Texas was an integral part of Mexico. The period began with Mexico's victory over Spain in its war of independence in 1821.

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“Remember the Alamo”:

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It was the battle-cry of "Remember the Alamo" that later spurred on the forces of Sam Houston at San Jacinto. One of the most gallant stands of courage and undying self-sacrifice which have come down through the pages of history is the defense of the Alamo, which is one of the priceless heritages of Texans. It was the battle-cry of "Remember the Alamo" that later spurred on the forces of Sam Houston at San Jacinto. Anyone who has ever heard of the brave fight of Colonel Travis and his men is sure to "Remember the Alamo."Anyone who has ever heard of the brave fight of Colonel Travis and his men is sure to "Remember the Alamo." The Battle of the Alamo (February 23 – March 6, 1836) was a pivotal event in the Texas Revolution. Santa Anna's perceived cruelty during the battle inspired many Texians—both Texas settlers and adventurers from the United States—to “remember the Alamo” and join the Texian Army. Buoyed by a desire for revenge, the Texians defeated the Mexican Army at the Battle of San Jacinto, on April 21, 1836, ending the revolution David Crockett died at the Alamo as did James Bowie (Bowie knife).
More--- Realizing that no help could be expected from the outside and that Santa Anna would soon take the Alamo, Travis addressed his men, told them that they were fated to die for the cause of liberty and the freedom of Texas. Their only choice was in which way they would make the sacrifice. He outlined three procedures to them: first, rush the enemy, killing a few but being slaughtered themselves in the hand-to-hand fight by the overpowering Mexican force; second, to surrender, which would eventually result in their massacre by the Mexicans, or, third, to remain in the Alamo and defend it until the last man, thus giving the Texas army more time to form and likewise taking a greater toll among the Mexicans. The third choice was the one taken by the men. Their fate was death and they faced it bravely, asking no quarter and giving none. The siege of the Alamo ended on the dawn of March 6, when its gallant defenders were put to the sword. But it was not an idle sacrifice that men like Travis and Davy Crockett and James Bowie made at the Alamo. It was a sacrifice on the altar of liberty.

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“Lone Star Republic”:

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Texas was an independent country.



Following the Alamo americans flocked to texas and defeated santa anna’s forces. On 1836 Sata Anna grudgingly recognized Texan independence. Most Texan-Americans wanted to be annexed by the United States. They feared that the Mexican government might soon try to recapture their land. Many had originally come from the American south and had great interest in becoming a southern state. President Andrew Jackson saw trouble. Many Whigs and Abolitionists in the North refused to admit another slave state to the Union. Rather than risk tearing the nation apart over this controversial issue, Jackson did not pursue annexation. The Lone Star flag flew proudly over the Lone Star Republic for nine years.

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Mexican War (main reasons):

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• Texan Annexation. Mexico had warned it would regard annexation as an act of war. When it took place, Mexico did not declare war, but broke diplomatic relations.
• The Boundary Dispute. Regardless of its status (was it an American state or a rebellious Mexican province?), the United States maintained that the southern border of Texas was formed by the Rio Grande, but Mexico argued that the traditional boundary was at the Nueces River farther north.
• The California Question. President Polk clearly wanted to expand the country to the Pacific Ocean by taking control of California and lands in the Southwest – a prime example of the prevailing Manifest Destiny mentality.
• Monetary Claims against Mexico. The United States had extracted a promise from the Mexican government to pay $3 million to cover the claims of American citizens who had lost property during turmoil and revolution. Mexico defaulted on those payments and the American creditors pressed their government for action.

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Texas as a state:

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On December 29, 1845, Congress admitted Texas to the U.S. as a constituent state of the Union.[91] After Texas's annexation, Mexico broke diplomatic relations with the United States. While the United States claimed that Texas's border stretched to the Rio Grande, Mexico claimed it was the Nueces River. While the former Republic of Texas could not enforce its border claims, the United States had the military strength and the political will to do so. President Polk ordered General Zachary Taylor south to the Rio Grande on January 13, 1846. A few months later Mexican troops routed an American cavalry patrol in the disputed area in the Thornton Affair starting the Mexican-American War. The first battles of the war were fought in Texas: the Siege of Fort Texas, Battle of Palo Alto and Battle of Resaca de la Palma. After these decisive victories, the United States invaded Mexican territory ending the fighting in Texas.[92]
After a series of United States victories, the Treaty of Guadalupe Hidalgo ended the two year war. In return, for US $18,250,000, Mexico gave the U.S. undisputed control of Texas, ceded the Mexican Cession in 1848, most of which today is called the American Southwest, and Texas's borders were established at the Rio Grande.[92]

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“Fifty-four Forty or Fight”:

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The 1844 Democratic presidential candidate James K. Polk ran on a platform of taking control over the entire Oregon Territory and used the famous campaign slogan, "Fifty-four Forty or Fight!" (after the line of latitude serving as the northern boundary of Oregon at 54°40'). Polk's plan was to claim and go to war over the entire territory for the United States. Through negotiations with the British after Polk's inauguration, the boundary between the U.S. and British Canada was established at 49° with the Treaty of Oregon in 1846. The exception to the 49th parallel boundary is that it turns south in the channel separating Vancouver Island with the mainland and then turns south and then west through the Juan de Fuca Strait. This maritime portion of the boundary wasn't officially demarcated until 1872.
The boundary established by the Oregon Treaty still exists today between the United States and independent Canada.
--see map

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Judicial Powers:

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The constitutional authority vested in courts and judges to hear and decide justiciable cases, and to interpret, and enforce or void, statutes when disputes arise over their scope or constitutionality.

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Legislative Powers:

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???

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Executive Powers:

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The power of the President of the United States, delegated or implied by the
Constitution, to implement and enforce laws.
• head of government—running the functions of the state, managing the bureaucracy, and deciding how to enforce the law
• foreign minister—overseeing state's ambassadors, managing and determining foreign policy
• commander in chief—commanding the state's armed forces and determining military policy

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Abigail Adams:

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the wife of John Adams, who was the second President of the United States, and the mother of John Quincy Adams, the sixth. She was the first Second Lady of the United States, and the second First Lady of the United States.
Adams is remembered for the many letters she wrote to her husband while he stayed in Philadelphia, Pennsylvania, during the Continental Congresses. John frequently sought the advice of Abigail on many matters, and their letters are filled with intellectual discussions on government and politics. The letters serve as eyewitness accounts of the American Revolutionary War home front.
When John was elected President of the United States, Abigail continued a formal pattern of entertaining. With the removal of the capital to Washington in 1800, she became the first First Lady to preside over the White House, or President's House as it was then known. The city was wilderness, the President's House far from completion. She found the unfinished mansion in Washington "habitable" and the location "beautiful"; but she complained that, despite the thick woods nearby, she could find no one willing to chop and haul firewood for the First Family. Adams' health, never robust, suffered in Washington. She took an active role in politics and policy, unlike the quiet presence of Martha Washington. She was so politically active that her political opponents came to refer to her as "Mrs. President".

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American Revolutionaries:

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A humble shoemaker hears the bells ringing at Lexington and responds to a call to battle. An aide to George Washington recounts his feelings as he crosses the Delaware. A young surgeon describes in his diary the horror of an army camp, where the spread of smallpox, frostbite, and starvation are deadlier than any sword. These are the voices of the American Revolutionaries.
Most of us know about the American Revolution only from secondhand accounts of the fighting or from documents such as the Declaration of Independence and the Bill of Rights. But listen closely and you can hear the voices-those that tell the truest stories -- of men, women, and children of all races who experienced the Revolution firsthand, who planted the seeds of liberty and passionately struggled to give birth to the United States of America that we know today.

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Revolutionary War:

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(1775–1783), the American War of Independence,[9] or simply the Revolutionary War, began as a war between the Kingdom of Great Britain and thirteen British colonies in North America, and ended in a global war between several European great powers.
The war was the result of the political American Revolution. Colonists galvanized around the position that the Stamp Act of 1765, imposed by Parliament of Great Britain, was unconstitutional. The British Parliament insisted it had the right to tax colonists. The colonists claimed that, as they were British subjects, taxation without representation was illegal. The American colonists formed a unifying Continental Congress and a shadow government in each colony, though ostensibly claiming loyalty to the monarch and a place in the British Empire. The American boycott of directly taxed British tea led to the Boston Tea Party in 1773. London responded by ending self-government in Massachusetts and putting it under the control of the British army with General Thomas Gage as governor. In April 1775 Gage learned that weapons were being gathered in Concord, and he sent British troops to seize and destroy them.[10] Local militia, known as 'minutemen,' confronted the troops and exchanged fire (see Battles of Lexington and Concord). After repeated pleas to the British monarchy for intervention with Parliament, any chance of a compromise ended when the Congress were declared traitors by royal decree, and they responded with a declared independence forming a new sovereign nation external to the British Empire, the United States of America, on July 4, 1776.