Terms for Test One
Chapter 2
Section 1
English Political Heritage- Most of the colonists came from England, bringing English ideas about
government. They believed in two principles, limited and representative government.
Limited Government- Idea that government was not all powerful was accepted. Power of government is
not absolute, or in other words, limited.
Magna Carta- (Great Charter) Provided basis for limited gov. King John forced to sign in 1215. Later
interpreted as protection against unjust punishment and loss of life, liberty and property. Certain taxes
could not be levied w/o pop consent.
English Bill of Rights- Happened during Glorious rev. Set clear limits on what a ruler could and could
not do. Key ideas: 1) Monarchs don’t have absolute authority; rule with consent of representatives in
Parliament. 2) Monarch needs Parliament’s consent to levy taxes, suspend laws, maintain an army. 3)
Monarch cannot interfere with parliamentary elections + debates. People have a right to petition the
gov and to have a fair a speedy trial by a jury of their peers. 5) Ppl not subject to cruel and unusual
punishments of excessive bail + fines. Americans had same belief in these rights.
Representative Government- People elect delegates to make laws and conduct gov. English parliament
had upper chamber (aristocracy) and lower chamber (commoners).
John Locke- Believed that people should contract to form govs to protect natural rights. Said that before
govs, people were born free, equal, independent, and natural laws provided rights to life, liberty, property.
People could change gov if these rights were violated (social contract theory)
Second Treatise on Civil Government- Denied that people had obligation to obey rulers, said that people
had a right to follow their own will and not be subject to constant authority of another.
Government in the Colonies- Each colony had a governor, legislature, and a court system, and generally
owed allegiance to monarch. Democracy grew out of this, not fully though. Women and slaves could
not vote, and needed property qualification for voting. 9/13 had church, many intolerant. Established
practices that were important: 1)written constitution guaranteed basic liberties and limited power of gov.
2)Legislature of elected representatives. 3) separation of powers between governor and legislature.
Written Constitutions- Government according to written plan important to colonists
Mayflower Compact- Pilgrims signed in 1620 was first ex of self-gov. 41 men made rules to govern
themselves. Chose own leaders and made own laws. MA adopted Great Fundamentals, first system of
laws in colonies. Puritans began to colonize MA Bay
Fundamental Orders of Connecticut-Puritans moved from MA Bay to CT made first formal
constitution. The doc laid out plans for gov, gave people right to elect governor, judges and
representatives.
Colonial Legislatures- Representative assemblies became established.
Virginia House of Burgesses- First legislature in America in 1619, religious beliefs played important
roles in development of representative assemblies. King appointed leaders of Church of England;
Puritans rejected this idea, believing that they should choose their own leaders. They migrated to
America to gain freedom. Believed that church members should elect, 1636 Puritans forced leaders
to reorganize gov so each town elected 2 rep to General Court, the legislative assembly. Rep gov was
established tradition by the time of revolution. Legislatures dominated gov, made laws. Legislatures were
examples of consent of the governed.
Separation of Powers- Charter divided power of gov, governor had executive pwr, legislatures pass
laws, colonial courts hear cases. Legislature was grounds for Constitution, self-gov
Section 2
American and Britain- Generally had good relationship until Britain was in debt and needed money
"Salutary Neglect"- Let America self-govern itself, use its own representatives, because GB 3000 miles
->
Britain Tightens Control- Two events: French + Indian War, George III became king. Britain won war
and took control of entire eastern third of continent. Large war debt that colonists expected to help pay
George III- Determined to make colonies obey and pay taxes.
Stamp Act of 1765- Imposed first direct tax on colonists; legal doc, pamphlets, newspapers, dice, cards.
Also passed laws to control trade that benefitted GB. Revenue increased but so did resentment.
Boston Tea Party- Dumped 342 chests in Boston Harbor to protest tea tax; led to Intolerable Acts.
Colonial Unity- Most ppl thought themselves as British subjects, yet they also developed alone.
Attempts to bring colonies together failed, each colony had its own identity.
Albany Plan of Union- Ben Franklin proposed plan in 1754, colonies rejected because it gave too much
power to representatives from all 13 colonies. Harsh British polices started to unite colonies.
Stamp Act Congress- Meeting that organized protests against King George. Delegates to Congress sent
petition, saying only colonial legislatures could impose direct taxes.
"Committees of Correspondence"- Organizations urging resistance to British.
The Intolerable Acts- Passed after Boston Tea Party. Closed Boston Harbor, withdrew right of MA to
govern itself.
The First Continental Congress- prompted by VA and MA. Delegates except from Georgia met at
Philly 9/5/1774. Debated what to do about GB, imposed an embargo, and stopped using British goods,
leading to Redcoats attacking minutemen at Lex & Con.
The Second Continental Congress- Assumed powers of central gov. Hancock chosen as pres, voted to
organize army and navy and to issue money, and made GW commander of the army. Served as acting
gov of colonies during the war.
The Declaration of Independence- Drafted by Thomas Jefferson. July 4th, 1776, approved final draft.
Key Parts of the Declaration- Drew ideas from thinkers like Locke, contained reasons for proclaiming
freedom. Justified revolution, put forth founding principles of new nation. Stirred people, won praise
over the world, and influenced French Rev. First part of Dec states basic human rights should not be
violated, middle part states complaints against George III, specifically his violations of political, civil, and
economic liberties, last part states determination of colonists to break away from GB.
First State Constitutions- 2nd Con Congress instructed each colony to form governments that would lead
to happiness of constituents. Most adopted written constitutions, contained Bill of Rights.
Section 3
Government Under the Articles of Confederation- Unicameral legislature, executive positions chosen.
Committee of states made when Congress not in session. No federal court, congress settles interstate
disputes. Each state had one vote in congress, each legislature selected own representatives. Congress
could only make war and peace, send & receive ambassadors, enter into treaties, raise and equip a navy,
maintain an army by requesting from states, appoint senior military officers, fix standards of weight and
measures, regulate Indian affairs, establish post offices, and decide disputes among states.
Weaknesses of the Articles- Weak national gov. No state was willing to give up sovereignty to national
gov. No power to tax, could only raise money by borrowing or requesting money from states. Could
not regulate trade, making business with other countries difficult. Could not force anyone to obey laws.
Needed 9/13 for new laws. Amending needed consent of all states. No executive branch, no coordination
of work of different committees. No national court system made interstate disputes hard.
Achievements of the Articles- Fair policy of development of lands of states, states ceded claims to
territories. Made new ordinances, Ordinance of 1785 allowed for survey and division, Northwest
Ordinance established that territories were developed on an equal basis with existing states. Peace treaty
from GB was also a success; acquired large amts of land. Congress set up Dept of Foreign Affairs, War,
Marine, and Treasury. Also encouraged non-discrimination of other State’s people.
Need for Stronger Government- AoC could not effectively coordinate states.
Financial Difficulties- States began to quarrel over financial problems. Some states charged duties from
other state’s goods, and some dealt with foreign powers. Gov faced serious money problems, owing 40
mil to foreign gov and American soldiers. Economic depression in 1786 only made it worse.
Shays's Rebellion- Angry farmers closed courts to prevent farm foreclosures, hoping state would pass
laws protecting farms. MA militia put down rebellion of 1200 men of farmers. Turning point because
frightened many leaders, believing stronger gov was needed.
Annapolis Convention- GW called convention for all states to discuss commerce. Few delegates
attended, and persuaded to call another convention at Philly, to regulate commerce among states, and
propose changes for national gov. Congress gave approval for the sole reason of revising the AoC.
Section 4
The Constitutional Convention- GW ensured trust in Constitution. James Wilson edited, Gouverneur
Morris wrote final draft, James Madison was author of basic plan, called Father of the Constitution.
Organization- Chose GW to preside over meetings. Each state would have one vote on questions,
simple majority made decisions, needed at least 7/13 states present. Made the convention private.
Key Agreements Between the Delegates- Agreed to abandon former government, favored limited and
representative gov, believed in separation of powers, limited state’s powers, strengthened nat gov.
Decisions and Compromises- Debates over how to put these ideas into practice
The Virginia Plan- strong national legislature w/bicameral legislature lower half chosen by ppl, and
upper half chosen by lower. Have power to bar any state laws that were unconstitutional, strong national
executive chosen by the legislature, and national judiciary appointed. By having an entire plan out
already, it set the precedent of what the Constitution would become. Became basis of constitution. Made
larger states more powerful than smaller states.
The New Jersey Plan- Called for unicameral legislature with one vote for each state, gave Congress
power to tax and regulate trade, and had a weak executive consisting of more than one person elected by
Congress. Nat judiciary appointed by executive. Only amended the AoC, and soon rejected.
The Connecticut Compromise- Delegates deadlocked over representation by pop or equal.
Compromise contained House of Rep, based on pop, and Senate, two from each state. Revenue laws
started in the House, and legislators elected senators. Large states would have advantage in House, small
states would be represented equally in Senate.
The Three-Fifths Compromise- Compromise over number of rep in House for Southerners. Slaves
consisted of 1/3 of South, and North wanted slaves to be counted for taxation purposes, South wanted
slaves to be counted for representative purposes, and they decided 3/5 of a slave be counted for both.
The Commerce and Slave Trade Compromise- Compromise over commerce and slave trade. North
wanted gov to have complete power of trade with foreign nations. South was agricultural, and feared
legislation against their interests. Slave trade would not be banned until 1808, and Congress gave power
to regulate interstate commerce and foreign commerce, and forbidden to impose export taxes.
Ratifying the Constitution- 9/13 states ratify for it to be in effect.
Federalists and Anti-Federalists- Federalists favored Constitution, led by Founders. Supported by
merchants and city people. Antifeds opposed and supported by farmers. Criticized Constitution for being
extralegal, because it was drafted in secrecy. Argued that convention was to only amend the AoC and
that it took away important powers from states. No Bill of Rights was strongest argument.
The Bill of Rights- Patrick Henry supported BoR, protecting people’s rights from the gov. Federalists
argued that strong nat gov was important or else anarchy would ensue.
The Federalist- New York needed help of Hamilton, Madison and John Jay’s essays to win ratification.
Ratification- Virginia and New York needed to ratify for survival of Constitution
Chapter 3
Section 1
Structure of the Constitution- Preamble, 7 articles, 27 amendments
The Preamble (MEMORIZE!)- We the People of the United States, in Order to form a more perfect
Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the
general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and
establish this Constitution for the United States of America.
Seven Articles (Know them all)Article I-Legislative
Article II- Executive
Article III- Judicial
Article IV- State’s powers and Limits
Article V- Amendment Process
Article VI- Supremacy Clause
Article VII- Ratification
27 Amendments
Major Principles
1. Popular Sovereignty- Consent of the people governed
2. Federalism- Power divided between national and state governments.
3. Separation of Powers- Legislative, Executive, and Judicial Branches separated
4. Checks and Balances- Each branch exercises control over other.
5. Judicial Review- Ability to declare laws or actions invalid if they violate Constitution.
6. Limited Government- Limits actions of gov by specifically listing what powers they have and not.
Section 2
Amending the Constitution- Constitution needs to adapt to the needs of the people, amendments.
Proposing Amendments (Both Methods)- 2/3 of both houses of Congress vote for amendment, or by
national convention called at request of 2/3 of states.
Ratifying Amendments (Both Ways)- ¾ of states ratify the amendment, or ¾ of special ratifying
convention held in each state approve it.
Congress Sets the Rules- Congress decides how much time states will have to ratify an amendment,
usually 7 years. Put the time limit in the text of amendment or legislation that accompanies it.
Barriers to SuccessThe Case of the Equal Rights Amendment (ERA)- state legislatures could reverse their objection and
ratify and amendment, but opposite is not constitutional. 5/35 of states revoked ERA and actions declared
unconstitutional.
Section 3
KNOW ALL 27 AMENDMENTS
1. Freedom of speech, religion, press, assembly (1791)
2. Right to bear arms (1791)
3. Quartering Troops (1791)
4. Searches and Seizures (1791)
5. Rights of Accused Persons (1791)
6. Right to Speedy, Fair Trial (1791)
7. Civil Suits (if sued more than $20, jury trial provided for) (1791)
8. No cruel and unusual punishment, no excessive fine or bail (1791)
9. Powers reserved to the people not limited to those in Constitution (1791)
10. Powers reserved to states (1791)
11. Suits against States (1795)
12. Election of President and Vice President (1804)
13. Abolition of Slavery (1865)
14. Rights of Citizens (1868)
15. Right To Vote (1870)
16. Income Tax (1913)
17. Direct Election of Senators (1913)
18. Prohibition (1919)
19. Woman Suffrage (1920)
20.
21.
22.
23.
24.
25.
26.
27.
“Lame-Duck” (1933)
Repeal of Prohibition (1933)
Limit on Presidential Terms (1951)
Presidential Electors for District of Columbia (1961)
Abolition of Poll Tax (1964)
Presidential Disability and Succession (1967)
Eighteen-Year-Old Vote (1971)
Restraint on Congressional Salaries (1992)
Section 4
Informal Changes in the Constitution- No change in wording of Constitution, filled the details of gov
to suit the needs of the times.
Congressional Actions
Changes Through Law- Congress has passed laws clarifying provisions of Constitution. Congress
expanded taxing authority, Executive created cabinet departments, Judicial established new courts.
Congressional Practices- House may impeach president, and Senate determines guilt. Congress
decides what high crimes and misdemeanors.
Presidential Practices
Presidential Succession- Harrison in 1841 became first pres to die in office, and question was that was
Tyler actually president or just act as president for the remainder of the term? Clarified in 25 th amend.
Foreign Affairs- Usually conduct affairs by executive agreement, directly between president and head
of state of another country, unlike treaty, which is nation to nation and requires Senate approval.
Domestic Affairs- Believed president would do more to carry out laws, but now requests laws.
Court Decisions
Marbury v. Madison- Set precedent for Judicial Review
Judicial Review (Judicial Restraint and Activism)- Power to decide if a law is constitutional or not.
Restraint involves the Court avoiding taking the initiative on social and political issues. Court should
uphold acts of Congress unless it clearly violates the Constitution, and want the Court to leave policy
making to others. Activism states that Court should play a role of shaping national policies. Earl Warren
1953-93, had many controversial cases. Activism is associated with civil rights and social issues, yet
conservative courts may have rulings against those issues.
Changing Court Rulings- Conditions of the time affect interpretation of Constitution. Plessy vs
Furguson overturned by Brown vs Board of Ed Topeka.
Custom and Usage- Constitution informally enlarged, such as political parties. Formally enlarged by
Amendments .
Chapter 4
Section 1
Division of Powers- Gave nat gov specific powers, reserved other powers for states and people.
(Federalism). Not static relationship; very flexible.
Expressed/Enumerated Powers- Powers directly expressed in the Constitution. Most of them
found in first three Articles. Includes collect taxes, coin money, declare war, raise army/navy, regulate
commerce among the states.
Implied Powers (Article I, 8)- Basis from Elastic Clause, allows powers of Congress to stretch.
Helped national gov strengthen and expand authority to meet problems. For example, drafting into army/
navy.
Inherent Powers- Powers that gov must simply exercise, such as dealing with immigration.
State Government/Reserve Powers- Any powers not delegated to US by Constitution nor prohibited
by States are reserved powers for the states.
The Supremacy Clause- If federal law clashes with state law, federal law wins.
Concurrent Powers- Powers that both federal and states have. Ex. Power to tax, maintain courts and
define crimes, appropriate private property for public use.
Denied Powers- A1S9 states list of things national gov cannot do, including taxing exports and
interference with the ability of states to carry out their responsibility. A1S10 states powers denied to
states, such as treaties with foreign gov, coin money, laws impairing obligations of contracts, or titles
Obligations to the States- Republican form of government, Protection from invasion, and territorial
integrity.
Obligations of the States- Must conduct and pay for elections of national gov officials, senators,
representatives, and presidential electors. Also plays key role in amending Constitution.
The Supreme Court as Umpire- Conflicts between national and state law usually favor national law, yet
sometimes, Court declares federal law to be exceeding its authority, ruling in favor of the states.
Section 2
States' Rightists Versus Nationalists- States vs Federal gov. States view holds that the Constitution is a
compact among states and gave national gov limited powers. All of the powers of national gov should be
narrowly defined. Believe state governments are closer and better reflect wishes of people. Chief Justice
Taney supported states’ rights. Nationalist view holds that it is subordinate to the people, and powers
delegated to national gov should be expanded as necessary. They hold that elastic clause should let them
expand powers and look out for the people, leading in solving social and economic problems. Established
position in McCulloch v. Maryland by John Marshall.
Growing National Government
War Powers- Gov has power to wage war, and is more powerful, because condition of economy and
strength of educational system affects military capabilities.
Commerce Power- Congress has power to control commerce, and courts interpret commerce as
anything to do with production, buying, selling, and transporting of goods.
Federal Aid to the States- Federal grants are given to state or local governments for a variety of purposes.
They redistribute income among the states from taxes, balancing wealthy and less wealthy states. More
aid = more conditions and control.
Politics and Spending- Allocating grant money is very political, with states and their representatives
trying to get as much as possible.
Shifting Responsibilities- Preemption laws give nat gov power to take over certain authorities over
a state. Restraints prohibit states from exercising some powers, and mandates force states to provide
service that meets national standards. Mandates are paid by the states, and balance of power has shifted
from time to time.
Section 3
Interstate Relations- requires states to abide by the following.
Full Faith and Credit- Each state must recognize the laws and legal proceedings of other states, only
applies to civil laws.
Privileges and Immunities- States may not discriminate unreasonably against citizens of another state.
States may have reasonable discriminations though, such as living for a period of time to vote.
Extradition- Escaped criminals must be returned to former state. Governor is responsible but not obliged
to extradite fugitive.
Interstate Compacts- Settle differences without use of force among 2 or more states. Congress must
approve these compacts, and is binding once it signs. Prevents alliances from happening.
Law Suits Between States- Interstate lawsuits only heard in the Supreme Court.
Admission of New States- First become territory before becoming a state.
Congress Admits- No state may take territory from other states without consent of the states and
Congress, admission may vetoed.
Enabling Act- Enables people of the pre-state to prepare a constitution, after passing popular vote, can
send to Congress for agreement, then becomes a state.
Conditions for Admission- Congress may impose certain conditions, such as requiring changes in the
constitution written. However, after admitted as a state, conditions may be enforced only if they do not
interfere with authority to manage affairs.
Equality of the States- Each state is equal to every other state and has rights to control internal affairs.
No state is at an advantage, nor has more privileges of fewer obligations.
Section 4
Federalism and Public Policy- Policy is a definition of a way to handle problems. Course of actions
gov takes is public policy, and federalism affects by affecting how and where new polices are made, and
introduces limits of gov policy making. Ideas can develop from policies such as giving 18 year olds the
right to vote, sunset laws (checking of gov depts if they’re still needed) and sunshine laws (prohibits
public officials from holding closed meetings).
Federalism and Political Parties- Federalism allows for control of executive or control of state and local
elections by political parties. Each party has a chance to win some elections, lessening the risk of a party
dominating. Democrats lost presidency many times, but grabbed ahold of Congress during those times.
Political Participation- Federalism allows citizens to participate in government at any level. There
are many opportunities that allow a person to rise from a local level. People vote for many political
candidates and issues, and may work together to get an issue solved by legislation.
Differences Among the States- Allows for differences in economy and politics because of freedom in
each state arranging its own affairs. Some states put more emphasis on industry regulation; some put
more on health and welfare services. People have a wide range of choices to live in, and can become
members of different states, allowing them different systems of living.
Additionally, be prepared to answer questions on any or all of the readings we have done outside the book
(including the IdeaLog).