Definitions
Declaration of Independence
document written by the American colonists to establish that they were separating/separated from Great Britain, a formal statement of independence from the king’s rule → life, liberty, and the pursuit of happiness (written by Thomas Jefferson)
Legislative Branch
makes laws, declare war, appropriates money, ratifies treaties, confirms presidential appointments, override president’s veto with ⅔ of Congress’ votes, Congress: House of Representatives (# based on population) + Senate (2 per state)
Constitutional Convention of 1787
held at the Philadelphia State House, all states except Rhode Island represented, 55 delegates attend (ex: Benjamin Franklin, Alexander Hamilton) EXPAND UPON
U.S. Constitution
highest form of law in American legal system, supreme law, sets framework for American federal government (branches of government)
Federalists
supported Constitution, insisted division of powers/system of checks and balances would protect US from the tyranny of centralized authority, leaders: George Washington + James Madison, urban centers (merchants, skilled workers, laborers): saw the benefit of a national gov. that could control trade, small states and those with weak economies: central government could protect their interests (no need for Constitution, would lose power)
Federalism
Ratify/Ratification
division of power among a central government and several regional governments (federal power and state power have control over different laws/rules)
to approve or pass a law/bill (etc)
Executive Branch
carry out/execute laws created by legislative branch, head of executive branch: president, presidential cabinet
Great/Connecticut Compromise
bicameral legislature: Congress → lower house: House of Representatives (population based) + upper house: Senate (2 per state)
Bill of Rights
first ten amendments to the US Constitution (ex: freedom of speech, religion, press, petition, assembly)
Antifederalists
opposed a strong central government, against Constitution, countered with list of possible abuses of power of a strong central government: would serve the interests of the privileged minority + would ignore rights of the majority+ doubted a single government could manage the affairs of a large country + Constitution’s lack of protection for individual rights + felt states lost a lot of power, leaders: Patrick Henry + Samuel Adams + Richard Henry Lee, rural areas: saw little benefit in a strong government that might add to their tax burden, large states and those with strong economies (ex: NY): had greater freedom under the Articles of Confederation → Letter from the Federal Farmer=Anti-Federalist papers written by Patrick Henry
New Jersey Plan
single house Congress: everyone has one vote, committee executive, proposed by William Paterson from NJ (small state)
President
head of executive branch, enforces Constitution/nations laws, recommends measures to Congress, signs/vetoes laws passed by Congress, meets with leaders of other countries to discuss/make treaties (with consent of Senate), commander in chief of armed forces: can send troops out, conducts foreign policies, administers laws, requirements: native-born American citizen, at least 35, has to have lived in America for at least 14 years
The Land Ordinance of 1785/The Northwest Ordinance
delegate at Constitutional Convention, proposed Virginia Plan
The Land Ordinance of 1785 → a law that Congress passed/put in place that stated that the area of the Old Northwest should be sold and the proceeds from selling the land should be used to help pay off national debts → policy to divide land out west into territories that would becomes states, land=no slavery + for education, no natives
The Northwest Ordinance → a law passed/put in place by Congress that stated that the territory of the Northwest would be temporarily subordinated to the government until the land was inhabited by 60,000 residents (which then it would be declared as a state) → same as land ordinance of 1785
Separation of powers
division of power in government so no branch has too much power/more power over the other branches (checks and balances)
Electoral College
process in which president is elected, didn’t trust common people to elect officials (at the time: many did not have education + would have voted for electives that went against the wealthy), electors vote for the president (devoted to a side) → number of electors based on population, ‘winner takes all’ system: win majority=win all, candidate needs 270 electoral vote to win the electoral college, if there is a tie: House of Representatives determines the election
Virginia Plan
James Madison
proposed by James Madison from VA (big state), 2 house legislature: membership based on population, voters elect lower house: lower house choose members for upper house, single executive
federalist, led convention in Annapolis (that only 6 delegates attended), delegate at Constitutional Convention, proposed Virginia Plan
Judicial Branch
explain law through system of courts and judges, interpret laws/decide if laws do/do not violate the Constitution, Supreme Court: highest court in nation, only accept very important cases to the nation, 9 justices
Articles of Confederation – strengths
Strengths
Congress could declare war, and start an army and navy
Congress could make peace and sign treaties
Congress had control over foreign affairs
Gave more freedom to my states
Made the national government less controlling
Aided in the negotiation of the Treaty of Paris
The Federalist Paper
pro-Constitution writings, 85 essays in NY newspapers 1787-1788, published by signature “Publius”, written by James Madison + Alexander Hamilton + John Jay, provided an analysis and explanation of the Constitution (ex: #10=Impossible to have a republican government over large territory, #51=advocates that the separation of powers within the national government protects against a strong central government)
Elastic Clause
Congress has the power to do what it sees as “necessary and proper” for the country to carry out its powers
Shays’ Rebellion
uprising led by Revolutionary war veteran Daniel Shay → turned into farmer in Massachusetts after war, impoverished backcountry farmers (rallied 1,200 farmers) demanded/fought for the state to issue paper money, lighten taxes, and suspend property takeovers: the farmers, many who were veterans from the Revolutionary War, were upset and angered that they were losing their farms through mortgage foreclosures and tax delinquencies → marched into city in 1787: state militia stopped rebellion (4 killed), spread the idea of revolution among the American people and led to the creation of a stronger and more stable central government
House of Representatives and Senate
House of Representatives → part of Congress, 435 representatives: # for each state is dependant on population, decide president if electoral college is equal for each candidate
Senate → part of Congress, 100 representatives: 2 per state, in control/jurors of president impeachment trials
Articles of Confederation -- weaknesses
Weaknesses
Congress did not have power to tax or set up tariffs
Congress could not regulate interstate or foreign trade
Each state had only one vote regardless of size, wealth or population
9 out of 13 states needed to agree to pass a law
Articles could be amended only if all states approved
There was no executive branch to enforce laws passed by Congress
There was no National Court system to decide the meaning of laws
There was no national unity – each state had their own currency and trade regulations
For money Congress had to rely on donations from states
Weak central government
3/5th Compromise
every 5 slaves would be counted as 3 people towards the population of a state (for House of Representatives population), did not address actual issue of slavery
Judicial Review
Delegated/Enumerated Powers
the power of the courts to examine government actions if they seem like they do not coincide with the Constitution/violate the Constitution
specific powers granted to the federal US government by the Constitution