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181 Cards in this Set
- Front
- Back
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Washington's Farewell Address 1796
5 Main Points |
- Delivered to the press and not a formal speech.
- madison helped write an original draft in 1792 and Hamilton contributed to the final version. 1. We Need to Remain Unified 2. The Constitution and Political Factions 3. Checks and Balances and the Separation of Powers 4. Foreign Relations 5. Credit and Government Borrowing |
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The Importance of George Washington
Washington's Influence |
- Very careful to exercise his powers prudently.
- He deferred to Congress when it was necessary. He often took his const. powers literally. On some issues he felt like he needed to fill in the blanks. For example: 1. He established the presidential power to remove executive branch officials. 2. He established in practice the independent power of the president to act in foreign policy. (neutrality proclamation). 3. He established a British-style cabinet with appointed secretaries leading the Departments of State, War, and the treasury. 4. He relied heavily on the advice of Hamilton, Jefferson, Madison, and others. 5. He is best known for the precedent of the 2 term limit. Contemporary scholars do not give his presidency the respect and attention it deserves. |
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Year of Washington's Farewell Address
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1796
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Washington's Farewell Address
We Need to Remain Unified |
He writes the peace, prosperity, happiness, liberty and success will only come as a result of the states and the people being unified in purpose. Urges Am. to put national unity above city, state, or regional concerns.
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Washington's Farewell Address
The Constitution and Political Factions |
It is the right of people to change their gov. but this should be done through amendments to the Const. He warns of political factions that seek to obstruct just laws created by government. These factions claim to be working in the spirit of the people, but they are really only seeking to have power over the people.
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Washington's Farewell Address
Checks and Balances and the Separation of Powers |
These are important principles to maintain in order to keep people and the 3 branches of gov. from gaining too much power.
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Washington's Farewell Address
Foreign Relations |
He warns of the DANGERS OF PERMANENT ALLIANCE and reiterates his stance that American should remain NEUTRAL. He advocates free trade with other nations. The role of the gov. should be limited to protecting the rights of American merchants.
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Washington's Farewell Address
Credit and Government Borrowing |
He provides a strong argument for a balanced federal budget. He writes that the nation's credit is an important source of strength and security. He urges the American people to preserve the national credit by avoiding war, unnecessary borrowing, and paying off any national debt as quickly as possible. Otherwise future generations will have to take on these financial burdens.
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5 Stages of American Political Philosophy
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1. State of Nature
2. Classical Liberalism 3. Economic Regulation 4. Social and Political Reform 5. Reform |
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5 Stages of American Political Philosophy
Stage 1: State of Nature |
Description: There is a week central government.
How does the public good arise? Without a central gov., individuals are free Problems: economic and social chaos results Policy Example: The Articles of Confederation |
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5 Stages of American Political Philosophy
Stage 2: Classical Liberalism |
Description: A limited central gov. protects property
How does the public good arise? By protecting property, capitalism prospers. Capitalism creates jobs and income for many people. Problems: Unregulated capitalism creates "public bads" Policy Example: Northern Securities Co. vs. United States (1904)- Teddy Roosevelt's trust busting. |
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5 Stages of American Political Philosophy
Stage 3: Economic Regulation |
Description: Gov. protects property but also regulates the work place, labor and products.
How does the public good arise? By protecting both capitalism and eliminating public bads. Problems: Overregulation can stifle capitalism. Policy Example: The New Deal |
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5 Stages of American Political Philosophy
Stage 4: Social and Political Equality |
Description: Gov. protects and promotes equality.
How does the public good arise? By giving all citizens the chance to participate in the regulated capitalist system. Problems: some claim that this leads to reverse discrimination. Policy Example: Brown vs. Board of Education- "Separate but equal is inherently unequal" |
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5 Stages of American Political Philosophy
Stage 5: Reform |
Description: There is some roll-back of past programs involving social regulation and equality.
How does the public good arise? By cutting back gov. and allowing the market to flourish while maintain some social safety net. Problems: Will public bads reemerge? Policy Example: Personal Responsibility and Work Opportunity Reconciliation act of 1996 |
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3 Types of Political Legitimacy
Authority |
The power or right to enforce obedience.
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3 Types of Political Legitimacy
Legitimacy |
The popular acceptance of the governing authority. It is the value whereby something or someone is seen as right or proper. "To whom is loyalty owed."
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What are the 3 types of political legitimacy?
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Tradition, Charismatic, Rational-legal (Max Weber)
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3 Types of Political Legitimacy
Traditional Authority Max Weber |
derived from tradition, where the governed populace except that form of government as legitimate because of its longevity by customs. Ex. Monarchy
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Charismatic leader
Max Weber |
derived from the leader's charisma, based upon the perception that he or she possesses supernatural attributes. ex. a clan chieftain, a priestess, or an ayatollah
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Rational-legal
Max Weber |
authority derived from the popular perception that the gov.'s power derives from established law and custom (a political constitution). ex. representative democracy
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Old states possessed _________ _________ and it was just this type that the founder fathers wanted to get ________ from.
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traditional authority
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In societies where ________ _______ is absent then development must rely on ________ and/or ________ authority.
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traditional legitimacy
legal charismatic |
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Charismatic Authority
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is very helpful to new states and we were very fortunate to have this type of leader, George Washington, that wasn't obsessed with his own power.
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George Washington was a ________ leader.
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Charismatic
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Charisma and Rational Legal Authority
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- Washington recognized that the new country needed time to develop a rational-legal system.
- He permitted the members of his cabinet to form hostile factions under the leadership of Hamilton and Jefferson, even though he personally disliked the views of the jeffersonians. - Washington wished to retire after one term, but the conflict between Hamilton and Jefferson would not permit it. - The charismatic leadership of Washington had a stabilizing effect on the society's evolution. - The first succession conflict between Adams and Jefferson occurred while he was still in office. - He became the first head of a modern state turn over office to duly elected successor. |
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How did Washington institutionalize the legal-rational authority model?
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1. His prestige was so great that he commanded loyalty of the leaders of different factious as well as the general populace. He provided a basis for unity.
2. He was strongly committed to the principles of constitutional government and exercised paternal guidance upon those involved in developing the machinery of gov. 3. He stated in power long enough to permit the crystallization of factions into embryonic parties. 4. He set a precedent as to how the problem of succession should be managed, by voluntarily retiring from office. |
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The Problem of National Unity
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- The first prerequisite to a stable new nation is a sense of national unity or political consensus.
- The FEDERALISTS provided this national unity because they were advocates of the central government. They were able to unify interests across state lines. It also helped that Washington, a God like figure in early America, was the President and leader of this party. - John P. Roche argued that there were no huge ideological rifts at the Constitutional Convention because almost all the delegates belonged to the central gov. party. - this was the preeminent ideology until 1801. - Fortunately, this was just enough time to build a sense of national unity prior to political parties emerging. |
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What is a Political Party?
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- A political org. that seeks to influence policy by running candidates for office at different levels of the gov.
- They do this through elections |
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Platforms
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- Parties establish written ______ that outline their ideology and vision.
- contain policy objectives in the foreign and domestic sphere |
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Parties
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______ have formal fundraising and leadership structures. In the US, political parties function as part of our federal gov. In other words, there are national party structures and state party structures.
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Interest Group
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a voluntary org. that ties to influence the gov. to adopt policies favorable to its mission. They do this at all levels of gov. and amongst the 3 branches.
Have platforms like political parties, but these platforms tend to be more narrowly focused on a particular issue or set of issues. Ex. The National Rifle Association, NRA |
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How are interest groups and political parties different?
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Interest groups do not run candidates for election. Although they certainly do support candidates for election.
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Federalist #10
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Madison, warned of the 'mischief of factions'
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The Federalists and Anti-Federalist debate was critical to the formation of __________.
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Parties
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The Federalists
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First Political Party
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Secretary of the Treasure, Alexander Hamilton, was instrumental in creating a fiscal program designed to support the new gov. His plan for __________ was critical here.
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Assumption
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The five parties to reach 'major party status' in more than _________ years of U.S. history.
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200 years
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5 Major Political Parties in US History
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1. Federalist Party
2. Democratic- Republican Party 3. Democratic Party 4. Whig Party 5. Republican Party |
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Federalist Party 1788-1816
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- The champion of the new Cons. and strong national gov., it was the FIRST American political institution to resemble a political party.
- Its strength was rooted in the Northeast and the Atlantic Seaboard, where it attracted the support of merchants, landowners, and established families of wealth and status. - Limited by its narrow electoral base, it QUICKLY fell before the success of the Democratic-Republicans. |
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Democratic-Republican Party 1800-1832
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- Many of its leaders had been strongly proponents of the Const. but opposed the extreme nationalism of the federalists.
- This was a party of the small farmers, workers, and less-privileged citizens, plus southern planters who preferred the authority of the state gov. and opposed centralizing power in the national gov. - Like its LEADER, Thomas Jefferson, it shared many of the ideals of the FRENCH REVOLUTION especially the extension of the right to vote and the notion of DIRECT POPULAR self-governemnt. |
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Democratic Party 1832- Present
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- Growing of the Jacksonian wing of the ____, it was the first real broad-based, popular party in the US
- On behalf of a coalition of less-privileged voters, it opposed such business-friendly politics as national banking and high tariffs. - Welcomed new immigrants (and sought their votes) and supposed nativist (anti-immigrants) sentiment |
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Whig Party 1834-1856
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- had roots of the old D-R, but in the Clay-Adams faction and in opposition to the Jacksonians.
- It's greatest leaders, Henry Clay and Daniel Webster, stood for legislative supremacy and protested the strong presidency of Andrew Jackson. - For its short life, this party was an unstable coalition of many interests, among them nativism, property, and business and commerce. |
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Republican Party 1854- Present
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- Born as the Civil War approached, this was the party of northern opposition to slavery and its spread to the new territories.
- Therefore it was also the party of the Union, the North, Lincoln, the freeing of slaves, victory of the Civil War, and the imposition of Reconstruction of the south. - From the Wigs it also inherited a concern for business and industrial expansion. |
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Two Party System
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occurs when you have two major political parties that dominate the political landscape: in the US: Democrats and Republicans
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Multi-Party Systems
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systems with more than to major parties
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One Party System
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If only one party rules
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Duverger's Law
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- Argues that single member districts with plurality elections tend to product two-party systems.
- Discourages minor or third parties from running candidates - Minor parties are weakened because they don't have a realistic chance of winning. Especially in pres. elec. - Without a pres. candidate, minor parties no attention - Another institutional factor that contributes to the two-party system is the DIRECT PRIMARY - Disgruntled groups have the opportunity to be heard within one of the major parties and if they succeed then they will be discouraged from breaking away and forming a THIRD PARTY. |
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Dualistic Theories
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America is naturally dualistic
Liberal vs. Conservative- usually one way or the other. This natural dualism gives rise to the two-party system. |
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3rd Parties
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- Because they control Congress and state legislatures, Democrats and Republicans have manipulated the rules for these parties to qualify for the ballot.
- The major parties have no incentive to help these parties because they do not want to be replaced by them. - rise enough to be considered as a threat, the major party that aligns most closely co-opts their platform |
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Major 3rd Parties
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1. Libertarian
2. Greens- strong on the environment 3. Constitution- want a return to the const. principles and limited gov. |
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The Articles of Confederation was a contract between who?
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The states and the federal government
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Flaws of the Articles of Confederation (associated with Stage 1- State of Nature)
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- States did not cooperate and coordinate amongst themselves and their was virtually no power at the national level.
- Did not promote the values of an effective gov. - Individual rights were not protected. - Economic and personal safety could not be guaranteed. - Equal opportunity and equal protection did not exist. |
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Alexander Hamilton's Economic Plan- THE FACTS
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- Anti-Federalists, like Jefferson and Madison opposed the plan.
- Madison presented an alternative plan called DISCRIMINATION. - Argued that half of the state debts were already paid back and it wouldn't take long to complete the rest. - many patriots and soldiers who were owed money had sold their claim to other ind. and they thought it would be unfair for them to reap the rewards of this. For example, before the plan some were getting .25 cents of what they were owed and now it was up to $1 for $1 plus interest. - They also opposed the strong central government and industrial plan put forth by the Federalists in general. |
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Inflation
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There had been runaway _____ throughout the 1780's and the economic future of the country was very concerning.
Definition: The rate at which the general level of prices for goods and services is rising, and subsequently, purchasing power is falling. |
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First issue of Hamilton's Economic Plan
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tackled as Washington's Secretary Of The Treasury concerned the problem of PUBLIC CREDIT. Gov. at all levels had taken on so much debt DURING the REVOLUTION. The commitment to pay them back was not taken very seriously.
PROBLEM? The money is owed to our own citizens and also to foreign nations. In order to look like a legitimate new nation this must be dealt with. |
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Hamilton's idea was known as ASSUMPTION.
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The federal gov. would assume the state debt and combine it with the federal debt into one total. This plan was put forward in the REPORT ON PUBLIC CREDIT 1790. Hamilton argued that assuming the state debt would restore confidence in the state gov. and also instill power in the new federal gov. The plan was to issue NEW BONDS to individual investors at a rate of 4 PERCENT. All debts would be paid at current face value. This plan would give all players a greater stake in the new gov. and discourage things like succession. It would also create a new BUREAUCRACY through the Department of Treasury that would lend credibility.
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The Dinner Table Compromise
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Jefferson and Hamilton (Virginians but lived in NYC) met while walking on their residential street one day in June. Jefferson noted Hamilton's haggard appearance, from worrying over his assumption plan, and offered to host a dinner where Hamilton and Madison could discuss the issues. In what became known as ________, Hamilton cut a deal with Madison and Jefferson on June 20, 1790 that gave the future capital to an area along the Potomac River while madison allowed passage of the assumption plan. Virginia had 1.5 million dollars of debt eliminated under the assumption plan.
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National Bank
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Hamilton's vision for reshaping the American economy included a federal charter for a national financial institution. He proposed a ______. Modeling laong the lines of the Bank of England, a central bank would help make the new nation's economy dynamic through a more stable paper currency. It faced significant opposition. Many feared it would fall under the influence of wealthy, urban northeasterners and speculators from overseas. In the end, with the support of George Washington, it was chartered with its first headquarters in Philadelphia.
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The 3rd major part of Hamilton's economic plan aimed at making ______________________.
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American manufactures self sufficient.
In the past, American had relied on large agricultural exports to pay for the import of British manufactured goods. Hamilton correctly surmised that this dependence on expensive foreign goods kept the American economy at a limited level, especially when compared to the rapid growth of early industrialization in Great Britian. |
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Mercantilist Economic System
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Hamilton argued for the development of this. It would protect American manufactures through direct subsidies (gov. aid to business) and tariffs (taxes on imported goods). This PROTECTIONIST policy would help fledgling American producers to compete with inexpensive European imports.
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Subsidies
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government aid to business
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Tariffs
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taxes on imported goods
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Mercantilism
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The main economic system used during the 16-18th centuries. The goal was to increase a nation's wealth by imposing gov. regulation concerning all of the nation's commercial interests. It was believed that national strength could be maximized by limiting imports via tariffs and maximizing exports. This approach assumes the wealth of a nation depends primarily on the possession of precious metals such as gold and silver. This type of system cannot be maintained forever, because the global economy would become stagnant if every country wanted to export and no on wanted to import. Many people began to revolt against the idea of mercantilism and stressed the need for free trade. The continued pressure resulted in th eimplementation of LAISSEZ FAIRE ECONOMICS in the 19th century. THIS SYSTEM WOULD SOON BECOME THE DOMINANT SYSTEM IN OUR COUNTRY.
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Hamilton's Plan- The Results
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- resounding success
- established excellent credit for the Federal gov. - proved the gov. could handle its affairs - inaugurated an era of wide prosperity - Louisiana Purchase- able to do so because the credit and funding that were available do to hamilton's debt assumption plan. - manufacturing, banks, and strong public credit all became central aspects of the modern capitalist economy - his national plan would be a key institution prior to the federal reserve system that would develop in the 20th century - the gov's involvement in economics helped to boost manufacturing and production and made the fledgling nation much more competitive on the world state. |
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McCulloch v. Maryland (1819)
Facts |
- The state of Maryland decided to tax a branch of the national bank located in Baltimore.
- The bank's cashier, James McCulloch, refused to pay the tax. - He claimed that the bank was UNCONSTITUTIONAL because the Constitution did not enumerate the creation of banks as a federal power. |
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McCulloch v. Maryland (1819)
Rule of Law/ Holding |
7-0 Chief Justice John Marshall
1. yes. Congress has power under the Const. to incorporate a bank pursuant to the Necessary and Proper Clause. 2. No. The State of Maryland does not have the power to tax an institution created by Congress pursuant to its powers under the Constitution. |
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Gibbons v. Ogden (1824)
Facts |
A New York state law gave two individuals the exclusive right to operate steamboats on waters within state jurisdiction. laws like this one were duplicated elsewhere which led to friction as some states would require foreign (out-of-state) boats to pay substantial fees for navigation privileges. In this case a steamboat owner who did business between New York and Jew Jersey challenged the monopoly that new York had granted, which forced him to obtain a special operating permit from the state to navigate on its waters.
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Gibbons v. Ogden (1824)
Rule of Law/ Holding |
6-0 Chief Justice Marshal
- Yes. The state had acted improperly in a realm that is reserved for Congress. - The Court found that NY's licensing requirement for out-of-state operators was inconsistent with a congressional act regulating the coasting trade. The NY law was invalid by virtue of the SUPREMACY CLAUSE. - In his opinion, Chief Justice Marshall developed a clear definition of the world commerce, which included navigation on interstate waterways. He also gave meaning to the phrase 'among the several states' in the Commerce Clause. Marshall's was one of the earliest and most influential opinions concerning this important clause. He concluded that regulation of navigation by steamboat operators and others for purposes of conducting interstate commerce was a power reserved to and exercised by the Congress. |
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Commerce Clause
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Congress shall have the power 'to regulate commerce with foreign nations, and among the several states, and with the Indian tribes."
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Charles River Bridge v. Warren Bridge (1835)
Facts |
In 1785, the massachusetts legislature incorporated the Charles River Bridge Company to construct a bridge and collect tolls. In 1828, the legislature established the Warren Bridge Company to build a free bridge nearby. Unsurprisingly, the new bridge deprived the old one of traffic and tolls. The Charles River Bridge Company filed suit, claiming the legislature had defaulted on its initial contract.
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Charles River Bridge v. Warren Bridge (1835)
Rule of Law/ Holding |
Chief Justice Taney
In a 5-to-2 decision, the Court held that the state had not entered a contract that prohibited the construction of another bridge on the river at a later date. The court held that the legislature neither gave exclusive control over the waters of the river nor invaded corporate privilege by interfering with the company's profit-making ability. - In balancing the rights of private property against the need for economic development, the Court found that the community interest in creating new channels of travel and trade had priority. |
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Andrew Jackson's Spoils System
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"also known as a patronage system" is a practice of a political party in which it rewards loyal voters, contributors, workers etc. with gov. positions based on loyalty to the party rather than merit. This new emphasis on loyalty rather than performance would have lasting impact on government positions. Presidents that followed Jackson also implemented the spoils system. Lasted until the Civil Service Act of 1833
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Events leading up to the Civil War
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1. Missouri Compromise
2. Fugitive Slave Act 3. The conception of Nullification 4. Kansas- Nebraska Act 5. Uncle Tom's Cabin 6. Dread Scott Case |
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Missouri Compromise
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Agreement passed in 1820
Result: Missouri enters the union as a slave state while Maine enters as a free state. Impact: Although slavery had been a divisive issue in the US for decates, never before had sectional antagonism between so overt and threatening as it was in the Missouri crisis. |
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Nullification
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1832, during the presidency of Andrew Jackson
- A state convention in South Carolina declared that the tariffs of both 1828 and 1832 were unconstitutional and unenforceable in South Carolina. - the tarriffs of 1928 and 1832 had been a support ot northern state industries and had indirectly worsened the economic situation of much of the South. - With the rise of tensions between the federal government and South Carolina, South Carolina repealed its __________ Act. - the states' rights doctrine of ___________ remained controversial |
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Fugitive Slave act of 1850
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- Passed by congress on Sept. 18, 1850
Purpose: all runaway slaves were, upon capture, to be returned to their masters. Result: Led to many free blacks being conscripted into slavery as they had no rights in court and could not defend themselves against accusations |
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Kansas Nebraska Act 1854
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- The act created the states of Kansas and Nebraska
Impact: repealed the Missouri Compromise - Allowed for states through popular sovereignty to choose whether or not the state would be a slave state. - Designed by Stephen Douglas |
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Uncle Tom's Cabin
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- Book Written by Harriet Beecher Stowe, published 1852
- 2nd best selling book in the 19th century following the Bible - Message: The story depicts the reality of slavery and emphasizes that the cruelty of slavery can be overcome by Christian Love. -- Liberal abolitionists felt the book was not strong enough in its call to immediately end slavery. They suggested that Stowe's character Tom was not forceful enough. -- Moderate anti-slavery advocates praised the book for putting a human face on those held in slavery. -- Pro-slavery forces claimed that slavery was sanctioned in the Bible, and accused Stowe of fabricating unrealistic one-sided images of Southern Slavery. |
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Dred Scott v. Sandford (1857)
Facts |
Dred Scott was a slave in Missouri. From 1833 to 1843, he resided in Illinois (a free state) and in an area of the Louisiana Territory, where slavery was forbidden by the Missouri Compromise of 1920. After returning to Missouri, Scott sued unsuccessfully in the Missour courts for his freedom claiming that his residence in free territory made him a free man. Scott then brought a new suit in federal court. Scot's master maintained that no pure-blooded Negro of African descent and the descendant of slaves could be a citizen in the sense of Article of III of the Constitution.
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Dred Scott v. Sandford (1857)
Rule of Law/ Holding |
Chief Justice Taney, 7-2
Dred Scott WAS A SLAVE. Under ARticles II, and IV, argued Taney, no one but a citizen of the US could be a citizen of a state, and that only Congress could confer national citizenship. Taney reached the conclusion that no person descended from an American slave has ever been a citizen for Article III purposes. the Court then held the Missouri Compromise unconstitutional, hoping to end the slavery question once and for all. |
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What were The Post Civil War Amendments?
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13, 14, 15
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Emancipation Proclamation, 1863
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The causes of the Civil Ware are complex, but at its heart was the dispute between the North and the South over the issue of slavery. Abraham Lincoln initially waged to war to save the Union. In time he used the war to push for emancipation and protecting former slaves. During the war, Lincoln issued the _____________. While this was a bold step, it was only a war measure and applied only behind enemy lines. The north initially had limited ability to enforce it. It lacked the permanent impact of constitutional authority. Lincoln joined those who favored amendments to argue that former slaves would remain free and enjoy all the rights and privileges of citizenship.
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The 13th Amendment - Year?
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1865- EASIEST OF THE 3 TO ENFORCE
- This amendment once and for all eliminated slavery. - In the Peonage Act of 1867, Congress also made it clear that the law prohibited individuals from forcing others to work for them to pay off their debts. |
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The 14th Amendment- Year?
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1868
- With its 5 sections this amendment is the LONGEST of the 3. - Section 2 reversed the 3/5ths Clause in the Const. - Congress required rebel states to ratify it before it recognized their governments and seated representatives. - 1st section- overturned the Dred Scot decision. After defining citizenship, it listed 3 primary guarantees: 1. The privileges and immunities clause 2. The due process clause 3. The equal protection clause - The framers of this amendment designed it to protect citizens' rights against the states. - In the time the Supreme Court would use the due process clause to extend the protections that the Bill of Rights previously applied only against federal action to the states as well. This amendment initially had limited influence: 1. As reconstruction ended and the US withdrew federal troops in 1877, the rights of blacks were often ignored. 2. Early Supreme Court decisions decimated may of the rights the amendment provided for African Americans. 3 key cases include the Slaughterhouse Cases (1873), Civil Rights Cases (1833), and Plessy v. Furguson (1896). |
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The Slaughterhouse Cases (1873)
Facts |
Louisiana had created a partial monopoly of the slaughtering business and gave it to one company. Competitors argued that this created 'involuntary servitude,' abridged 'privileges and immunities,' denied 'equal protection of the laws,' and deprived them of 'liberty and property without due process of law.'
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The Slaughterhouse Cases (1873)
Rule of Law/ Holding |
NO. The involuntary servitude claim did not forbid limits on the right to use one's property. The equal protection claim was misplaced since it was established to void laws discriminating against blacks. The due process claim simply imposes the identical requirements on the states as the fifth amendment imposes on the national gov. The Court devoted most of its opinion to a narrow construction of the privileges and immunities clause, which was interpreted to apply to national citizenship, not state citizenship.
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The Slaughterhouse Cases (1873)
Impact |
Dissenting justices held that the 14th Amendment protected all US citizens from state violations of privileges and immunities and that state impairment of property rights was a violation of due process. This case represented a TEMPORARY REVERSAL in the trend toward centralization of power in the fed. gov. More importantly, in limiting the protection of the privileges and immunities clause, the court unwittingly weakened the power of the 14th amendment to protect the civil rights of blacks.
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Civil Rights Cases (1833)
Facts |
Affirmed the equality of all persons in the enjoyment of transportation facilities, in hotels and inns, and in theaters and places of public amusement. Though privately owned, these businesses were like public utilities, exercising public functions for the benefit of the public and, thus, subject to public regulation. In five separate cases, a black person was denied the same accommodations as a white person in violation of the 1875 Act.
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Civil Rights Cases (1833)
Rule of Law/ Holding |
The 14th Amendment restrains only state action. And the 5th section of the amendment empower Congress only to enforce the prohibition on state action. The amendment did not authorize national legislation on subjects which are within the domain of the state. Private acts of racial discrimination were simply private wrongs that the national gov. was powerless to correct.
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Plessy v. Furgeson (1896)
Facts |
The state of Louisiana enacted a law that required separate RAILWAY cars for blacks and whites. In 1892, Homer Adolph Plessy-who was seven-eighths Caucasian- took a seat in 'whites only' car of a Louisiana train. He refused to move to the car reserved for blacks and was arrested.
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Plessy v. Furgeson (1896)
Rule of Law/ Holding |
NO, the state law is within constitutional boundaries. The majority in an opinion authored by Justice Henry Billings Brown, upheld state-imposed racial segregation. The justices based their decision on the SEPARATE-BUT-EQUAL DOCTRINE, that separate facilities for blacks and whites satisfied the 14th amendment so long as they were equal. (The phrase, 'separate but equal' was not part of the opinion.) Justice Brown conceded that the 14th amendment intended to establish absolute equality for the races before the law. But Brown noted that 'in the nature of things it could not have been intended to abolish distinctions based upon color, or to enforce social, as distinguished from political equality, or a commingling of the two races unsatisfactory either.' In short, SEGREGATION DOES NOT IN ITSELF CONSTITUTE UNLAWFUL DISCRIMINATION.
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15th Amendment- Year?
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1870
The right of citizens of the US to vote shall not be denied or abridged by the US or by any State on account of race, color, or previous condition of servitude. - The obviously laid largely dormant for nearly a century. - It was the victim of: Grandfather Clauses- to register, one's grandfather had to have been eligible to vote, which for a long time meant that he had to have been white. Literacy tests- which administers often applied unevenly to blacks and whites Poll taxes- a tax of a fixed amount per person and payable a a requirement for the right to vote. All-white primaries- non white voters were prohibited from voting Physical intimidation- by groups like the Ku Klux Klan - Eventually, however, courts used the amendment to strike down some of these mechanisms. |
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Jim Crow Laws
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These laws led to racial segregation of schools, public places, drinking fountains, restaurants, hotels, and restrooms.
- separate facilities were created for blacks and whites - local and state laws - phrase comes from a song and dance caricature entitled Jump Jim Crow - This was performed by a white actor in blackface. The purpose of the performance was to satirize Andrew jackson's populist policies. |
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Lessons of the Post War Amendments
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1. The Civil War Amendments illustrate the power of the constitutional amendments process. They overturned a notorious Supreme court decision and extended rights to a new class of people.
2. In some ways these amendments are more important that the Bill of Rights. 3. In a less positive respect, the nation took nearly 100 years to implement many features of these amendments. 4. They also demonstrate that interpretations of constitutional language can sometimes take strange twists and turns and that the times we are living in matter just as much as the constitutional language does. |
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What does the federal reserve do?
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- set interest rates
- supervise the printing of money * economic stability |
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16th Amendment- Year?
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1913
direct income tax |
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Underwood Tariff Act 1913
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reduced tarifs to their lowest level in 50 years
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To make up for the lost revenue from this, the bill introduced a ____________________. We still operate under this system. It is often referred to as a ________________.
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graduated tax system
progressive tax system |
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Sales tax
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an example of a REGRESSIVE TAX- that is to say it hurts lower income groups more than higher ones
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Federal Reserve Act of 1913
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Created the federal reserve system that we currently operate under. It established 12 REGIONAL FEDERAL RESERVE BANKS, and the system was to be headed by a seven member FEDERAL RESERVE BOARD made up of public official appointed by the President and confirmed by the Senate. Ben Bernanke is the 14th Chairman of the Federal Reserve.
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What time of tax system do we have in our country?
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graduated tax system
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effective tax rate
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average rate you pay
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Clayton Antitrust Act 1914
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extended the Sherman Antitrust Act of 1890 by stating what corporation could not do. Things like sell goods below cost to drive competitors out of business or buy competing companies stock to create a monopoly.
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Deductions
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subtraction of charitable donations, tithing, children, etc.
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Why are there a lot of people that don't pay taxes?
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- They don't make enough money.
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What percent of people do not pay INCOME tax?
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46%
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Federal Trade Commission (1914)
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was authorized to investigate corporations engaged in unfair and fraudulent practices. The FTC could use the courts to enforce its rulings.
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Consumer Culture
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- mass production of consumer products
- there must be an abundance of resources and human services must have an abundance of full time paid labor to produce the purpose of mass production is to have a society that can mass consume. In order to do this you have to have paid labor that can afford to buy the products. - began in 1918 at the end of WWI |
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What are 7 keys to the consumer culture according to Seavoy?
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1. Full time paid labor
2. 8 hours of labor, 5 days a week 3. Mass production of consumer products 4. Electric power available in most homes 5. Urbanization- the process by which the entire population of a society lives in cities 5. Abundant leisure activities 7. Abundant food (especially meat) |
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Urbanization
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the process by which the entire population of a society lives in cities
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The 1920's were known as the _____________.
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Roaring 20's. From 1921-1929, industrial production increased by 90 percent, wages of industrial workers went up 17 percent, and the wholesale price index stayed the same. What does this mean? More disposable income.
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In the 1920's what were co-events?
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consumer culture and economic growth
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Higher incomes were spent in two ways.
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1. Purchasing new consumer products.
2. Human services- vacations, entertainment, health care. |
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Which factors contributed to the consumer culture?
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1. Reduced hours of labor: gov. and private labor made a series of moves that made the 8 hr wk day acceptable.
2. More readily available and cheaper electricity. 1920s electricity doubled. The consolidation of electric companies actually helped. Economies of Scale, Public Utility Holding Company Act. 3. The Mobilization of Capital. 1920's there was an insatiable demand for capita. 4. Consumer Products 5. Agriculture: Gasoline powered tractors started replacing horses. Lead to more efficiency. 6. Employment: The American melting pot was equalized by opp. for urban employment. Prosperity was real. Standard of living in the cities was inc. more rapidly than on farms. |
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Economies of Scale
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cost advantages that an enterprise gains because of expansion
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Public Utility Holding Company Act
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In 1935, Congress passed this act. It legalized monopolies in this industry so long as economics of scale could be met.
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Capital
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money that an individual or company uses to expand
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What are the 3 principal ways of mobilizing capital?
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1. Retained Earnings
2. Credit 3. Sale of securities by investment bankers (securities- bond/ stock and as the company does well you can get dividends and things from the company) |
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New York and other state legislatures began to approve the purchase of _____ at lower than face value. (no par value) The catch was that purchasers were legally liable to pay the full face value if the corporation decided that it needed more capital than the initial payment. If they failed to pay the share was forfeited.
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shares
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Issuing shares this way led to ___________ to sell shares for their ________ value. The market determined the value of shares. this made shares of new corporation easier to sell and trade. shares with no par value reached new groups of investors and democratized ownership of shares.
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underwriters- the people who determine the price of a stock
speculative (future potential dividends) |
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Holding companies
Speculation |
a company that owns other companies stock. it does not produce a good or serve. It JUST HOLDS STOCK. Began to practice risky behaviors that will put the market in jeopardy. There was a great boom in the 20's and ______ increased as the decade wen ton.
The problem was that as these national companies acquired more and more, you had less diversity in the system. |
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What are holding companies critical for?
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raising capital and in theory they should reduce risk for investors
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What is the most well known current holding company?
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Berkshire Hathaway
controlled by Warren Buffett. It is currently trading at $685 a share. |
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The 2 most visible products of American consumer culture
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automobiles and advertising
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In cultures of _______, advertising provides info on the price and availability on the product. _________ of products assures an instant market when a product becomes available. In consumer cultures, ______ of products is replaced by an abundance of products manufactured by mass production technologies. Brand names and advertising help companies to create a mass appeal for their product.
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scarcity
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3 Categories of Consumer Products
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1. Durable
2. Invisible 3. Expendable |
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Durable Goods
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goods that don't quickly wear out- automobiles, products in homes
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Invisible Goods
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electricity or consumer credit
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Expendable Goods
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Food, Soap, Clothing
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Speculation
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playing the market by buying and selling to make a quick profit- became widespread.
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Which factors contributed to the consumer culture?
In order for average consumers to purchase (Henry Ford's model of cars), Alfred P. sloan head of GM, offered an _____________________. |
Installment Plan
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Installment Plan
Definition |
these plans allowed consumers to pay their automobiles over time
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Planned Obsolescence
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Manufactures began to make products specifically designed to go out of style and be replaced by a new model.
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In the early 20's GM introduced the ____________ of old model cars for new models.
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trade-in
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The Flapper Culture
Flapper Women |
contributed greatly to this era
These were women that wore short skirts, bobbed hair, listened to jazz, and had a general disdain for what was deemed acceptable behavior. They purposefully flew in the face of acceptable culture norms by wearing excessive make up, being sexually promiscuous, drinking, smoking, and driving automobiles. |
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Sherman Antitrust Act (1890)
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Designed to protect "trade and commerce against unlawful restraints" and outlaw the forming of conspiracies to restrain trade or foreign commerce. Later used this act to break up a train labor strike. Teddy Roosevelt would use the at to break up the Northern Securities Company.
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Teddy Roosevelt's Square Deal (1901-1909)
Overview of Roosevelt |
- Roosevelt coined the phrase described his domestic agenda.
- The average citizen would have same opp. to succeed. - R was the 1st pres. to actively seek regulation to provide this opp. - R was a republican that believed that gov. should be used to mitigate certain social ills. |
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What were the 3 main agenda items in Roosevelt's Square Deal?
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1. Conservation of America's Resources
2. Control of Corporations 3. Consumer Protection |
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Teddy Roosevelt's Square Deal (1901-1909)
Conservation of American Resources |
- R used his presidency to protect wildlife and public lands.
- He created the US Forest Service, 150 National Forests, 5 National Parks, 51 Federal Bird Sanctuaries, 4 National Game Preserves, and 18 National Monuments - He protected approx. 230 million acres of land |
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Teddy Roosevelt's Square Deal (1901-1909)
Control Corporations Northern Securities Company v. US (1904) |
Facts: Co. was a railroad trust est. by MOrgan, JD Rockefeller and others. The trust controlled a huge # of railroad lines in the US. R sued the company using Sherman Anti-trust Act of 1890. The companies had essentially formed a monopoly.
Rule of Law: 5-4 decision, the Court said that the Northern Securities Company should be dissolved and that it was illegal combination in restraint of interstate commerce and thus violated the Sherman Antitrust Act. |
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Teddy Roosevelt went on to sue other _______, but _______ he left alone.
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bad trusts
good trusts |
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Bad Trusts
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those that jacked up prices or rates and exploited consumers on various ways.
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Good Trusts
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these were trusts that provided good service and reasonable rates
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Teddy Roosevelt's Square Deal (1901-1909)
Consumer Protection |
The public had learned of abusive food production, the oil, industry, and railroads by muckrakers such as Sinclair, Tarbell, and Steffens. The public outcry gave R the chance to take action. After conducting his own research of the eat industry, he supported what became known as the Meatpacking Act of 1906. There were many other laws under this 'Consumer Protection' part.
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Meatpacking Act of 1906
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It called for regulation and inspection of the industry.
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The Pure Food and Drug Act (1906)
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called for federal inspection of meat products and made it illegal to produce, sell, or transport poisonous medicines. The FOOD AND DRUG ADMINISTRATION was formed out of this new law. This act was critical for future legislation like THE FAIR PACKAGE AND LABEL ACT 1966.
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Lochner v. New York (1905)
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Facts: The state of NY enacted a statute forbidding bakers to work more than 60 hours a week or 10 hours a day.
Reminder: The DUE PROCESS CLAUSE is a provision found in the 5th and 14th amendments. It prohibits gov. from taking a person's life, liberty, or property without due process of law. It has been the primary way in which the Court has applied the guarantees of the Bill of Rights to the states. Rule of Law: The court struck down the NY law designed to regulate the working hours of bakers. Lochner was vied as a setback for workers' rights. |
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What are the Progressive Era Amendments?
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16-19
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Amendment 16- Year?
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Direct Income Tax- 1913
Instituted a National Income Tax Impact of this Amendment: REVERSED previous Supreme Court judgement and instituted them a income tax |
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Amendment 17- Year?
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Direct Election of US Senators- 1913
The senate of the US shall be composed of 2 senators from each state, elected by the people thereof, for 6 years; and each senator will have one vote. Impact: This amendment FURTHER DEMOCRATIZED the Const. and tied the leg. branch closer to the ppl Background: Senators were originally selected by State Legislators. This then resulted in the selection of Senators that would protect the interest of State Legislators. Over time this practice brought about charges that the Senate had become a "MILLIONAIRES CLUB". It was noted that this process brought about problems such as bribery, unfulfilled vacancies, interference with regular state legislative business, and corporation. POLITICAL BOSSES also corrupted the process of selecting Senators. |
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Amendment 18- Year?
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Prohibition of Alcohol
Impact: This amendment led to an increase in organized crime and revenue for gangsters. It was repealed in 1933 by Roosevelt. |
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Amendment 19
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Women's Right to Vote
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17th Amendment
|
- Progressive changed the way US Senators were elected.
- The Const. allowed state legislatures to vote for senators directly. - Previously, political bosses corrupted this process - In 1912, Congress passed the this amendment to the const. TO ALLOW DIRECT ELECTION OF SENATORS |
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Women and Progressives
In the late 1800's women had fewer responsibilities: 3 reasons? |
1. More children spent time at school.
2. Men worked away from home. 3. Technology helped with housework. |
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Suffrage- 2 Groups?
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the right of women to vote
1. National Women's Suffrage Association: fought for an amendment to the Const. 2. American Women Suffrage Association: focused on winning suffrage in state elections |
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Suffragist
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a person who fought for the right to vote
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Alice Paul
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a protester trained in the art of marches and hunger strikes. She met with President Woodrow Wilson in 1917, but was unable to get his support. She helped form the National Women's Party. She continued her protests until she was eventually thrown in jail. She commenced a hunger strike to protest the conditions of the jail. This led to her being moved to the psyche ward of prison and being fed raw eggs through a tube.
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National Women's Party
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Founded by Alice Paul. This group was the first to stage a picket on the White House.
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19th Amendment- Year?
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1919
gave women the right to vote. Tennessee was the 36th state to ratify in 1920. At his mother's request, 24 year old state rep. Harry Burn switched his vote to provide the winning margin of victory. |
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What were the 3 main women's groups that fought for suffrage?
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1. National Women's Suffrage Association
2. American women Suffrage Association 3. National Women's Party |
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Munn v. Illinois (1877)
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Facts: Illinois regulated grain warehouse and elevator rates by establishing maximum rates for their use.
Rule of Law/ Holding: Waite, 7-2. NO on both counts. Waite, for the Court, took broad view of the state's police power. He argued that the states may regulate the use of private property "when such regulation becomes necessary for the public good." Waite resurrected an ancient legal doctrine to support his view: "When property is affected with a public interest, it ceases to be juris privati (private right) only." |
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The Progressive Era
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- This era in the US was a period of social, political, and economic reform. Attempted to root out corruption by exposing underlying forces, such as political machines, monopolies, patronage etc.
- Progressives felt a duty to protect all citizens, especially the poor or disadvantaged. - Another major theme of progressives was efficiency in all levels of society. - Progressives transformed and professionalized the social sciences. Particularly history, economics, and political science. - Americans cried for reform. - Ind. claimed gov. and big bus. were taking advantage of them, rather than serving them. |
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Political Machines
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- powerful organizations linked to political parties
- controlled local government in many cities - controlled by a POLITICAL BOSS (many were dishonest): gained votes for their parties by doing favors for people. - took ADVANTAGE of immigrants in places like NYC |
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Kickbacks
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Corrupt politicians found numerous ways to make money. They received ___________. Sometimes contractors would overcharge for a project and give the extra money to the political boss. Ex. At times ppl in city gov. would gain knowledge of land to be used for highways, but the land before the public knew about it, and sell it back to receive a higher profit.
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Boss Tweed
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- headed NYC's Tammany Hall political machine in the 1860's and 1870's.
- was so powerful he controlled the police, courts, and newspapers - collected millions of dollars in illegal payments - was sentenced to prison |
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Another word for The Spoils System is _______.
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Patronage
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Patronage
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rewarding political supporters with jobs and favors, was common since Andrew jackson
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Civil Service
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the body of non elected government workers
President Rutherford B. Hayes and James Garfield tried to change the spoils system, and supported this. Garfield believed people should be appointed to jobs based on qualifications, not because of patronage. |
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Who set up the Civil Service Commission?
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Chester A. Arthur
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Civil Service Commission
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gov. agency that regulates the employment and working conditions of civil servants, oversees hiring and promotions, and promotes the values of public servants. It is similar to a human resource department in the private sector. This commission set up exams for people who wanted governmental jobs.
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Pendleton Civil Service Act of 1883
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- stipulated that gov. jobs should be based on MERIT.
- The act provided selection gov. employees based on COMPETITIVE EXAMS, rather than ties to politicians, political affiliations, or as a reward for past service. - Made it illegal to fire or demote gov. employees for political reasons and prohibited soliciting campaign donations on federal gov. property. |
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The Civil Service Commission was created to enforce the _________ system.
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merit
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Government Classification Act of 1949
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The GS (gov. schedule) pay scale came in under this Act. It is an examaple of how the Pendleton act contributed to how gov. jobs are regulated today.
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The Jungle, by Upton Sinclair (1906)
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detailed the life of a poor immigrant family in Chicago. The family worked in Chicago meat packing plants where just about everything included rats and rat dung were put into the meat and sausage.
*Little government regulation=little incentive to keep food clean |
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Muckrakers
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wrote about problems that were hidden and exposed them
- Journalists helped reformers by exposing corruption. - Today's muckrakers are called investigative Journalists. Famous: Lincoln Steffens (politics), Ida Tarbell (oil), Frank Norris (railroad and ranchers) |
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The "Robber Barrons"
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1. John D. Rockefeller: Oil
2. Cornelius Vanderbilt: Shipping and Railroads 3. Andrew Carnegie: Steel 4. J. Pierpont Morgan: Financial Banker These men benefited greatly from laissez-fair capitalism in America. They were accused of UNFAIRLY GAMING the system to amass their huge fortunes. Industry was under regulated by gov. Gov. greatly benefitted big business by outlawing unions, putting high tariffs on imports, and providing low interest loans and tax-relif. Gov. believed that the public good would be met thru bus. growth and expansion. |
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Garfield Assassination
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Garfield was assassinated by Charles J. Guiteau, less than 4 months into his term. Guiteau was upset after not receiving diplomatic post that he felt he deserved as reward for a speech (it was never given) that was printed up and distributed. He felt that it had helped Garfield in his narrow victory over William S. Hancock in the election of 1880.
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What are the reasons that the two party system endures?
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.
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What are the pro's and con's of third parties in our system?
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.
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What were some of the ways that African americans were denied their rights after the Post Civil War Amendments were passed? What lessons can be learned from this?
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.
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Labor Strike (1903)
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.
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