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| Constitutional Convention 1787 |
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Definition
| Met in Philadelphia; 2nd attempt top revise the Articles of Confederation |
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| 2 groups wanted to change the Articles of Confederation |
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| Businessmen and patriots (Madison and Hamilton) |
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| Tactics to bring about the Philadelphia Convention |
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| Dramatization (sense of urgency for action); Patriotic rhetoric (used words like "defects" and "embarrassment" to invoke nationalistic feelings); Charismatic leaders (Madison, Hamilton, Washington, Franklin); Appear harmless (said they just wanted to propose amendments instead of creating an entirely different government) |
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| Tactics used during the convention |
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| Agenda control (came to the convention with a draft of the constitution already prepared); Protect the participants (no one would talk about the convention to outsiders); Delegation (create small working groups to deal with problems that arose); Vagueness (qualifications for voting-left to the states, judicial branch); Wiggle room (Article V describes amending process and ratifications) |
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| 3 examples of when delegation was used |
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| (1) How to determine representation in Congress [population vs. equality]. (2) How states would calculate population [includes slaves?]. (3) How to elect the president [length of term? Re-election?] |
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| Written anonymously by James Madison, Alexander Hamilton, and John Jay as a form of propaganda for a new constitution |
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| Power of the people (Federalist 10-representative government); Power of the government (Federalist 51- "double security" [separation of powers and Federalism]) |
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| Also known as checks and balances; three different branches of government that have overlapping power; Judicial, executive, legislative |
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| Neither the national or the state governments have all the power, they have to work together; division between central and regional government; hybrid of unitary government (central government) and confederal government (loose connection between states) |
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| Consequences of the Articles of Confederation |
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| Government was insufficient and therefore slow which meant that not a lot got done and what did get done took a long time (this was intentional so the government wouldn't be seen as a failure); Would later result in a stronger constitution |
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| Explained the Federalism is an important part of our government because it avoids tyranny by dividing the power to govern |
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| Article VI of the Constitution; If there is a conflict between federal, and state law, the Constitution wins |
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| Necessary and Proper Clause |
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| Also called the "elastic clause"; Says that just because a right isn't listed in the Constitution it doesn't mean the government can't do it |
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| Case that involved the national bank; Does the government have the power to create a national bank? (yes, because of the elastic clause); Does the bank in Maryland have the right to tax the national bank? (no, because of the supremacy clause) |
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| Full faith and credit clause |
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| Article IV in the Constitution; Each state must honor contracts and other legal documents in other states |
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| Privileges and Immunities Clause |
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| Article IV in the Constitution; People can’t be treated as aliens when visiting another stat; Prevent states from discriminating against citizens of other states in favor of its own |
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| Article I, section 8; Grants Congress the power to “regulate commerce with foreign nations, and among the several states.” |
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| Enumerated powers; Listed in Article I of the Constitution; Make treaties, coin money, regulate interstate and foreign commerce, and engage in war |
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| Added after the Civil War; No more slavery, slaves, etc. so everyone in the U.S. was a citizen to be treated equally |
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| Powers not stated in the Constitution and not forbidden by the states are reserved for the states and/or the people |
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| Originally intended to make states immune from lawsuits by citizens of other states |
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| 3 big eras of growth of federal power |
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| Great Depression, New Deal, and the Great Society of Lyndon Johnson |
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| Madison's argument (helped control the abuse of power); Flexibility (50 smaller governments under one larger one made it easier to adapt to amendments); Experimentation (if the framers failed then it would only affect a small portion of the country); Participation |
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| Disadvantages of Federalism |
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Definition
| Civil rights (self government made it difficult for civil rights because states could resist reform); National unity (Example: Civil War) |
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| Largely driven by ideological conservatives who wish to shrink the size of the federal government |
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| Rights that were given to you when you were born' Examples in Declaration (right to life, liberty and the pursuit of happiness); If government fails to protect natural rights then the people have a right to revolution |
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| Framers didn't trust anyone and therefore created representative government with checks and balances |
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| Isaac Newton wrote a lot about this; Framers were all religious and believed in reason; Build a country, wind it up, and let it be |
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| According to Laswell- who get's what when and how (distribution of resources; rules for dealing with conflict |
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| System of beliefs (people's assessment of reality) and values (people's ideas of right and wrong and how things should be) |
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| Government should be responsible for the welfare of citizens; Religion and government should be closely intertwined; No individualism |
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| The market (money) is a natural force; Individual liberty is important; Separation of religion and the market; Government isn't responsible for the welfare of citizens |
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| Individualism is misleading (people belong in groups); Religion is a distraction but allowed if kept separate from government; Government IS responsible for citizens |
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| Government that's accepted by the people; Doesn't have to be a democracy to be legitimate |
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| Swiss philosopher; The Social Contract 1750; The only legit government is one where the people make it |
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| English philosopher; Right to revolution; No oppressive governments |
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| Elements to make a democracy legitimate |
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| Personal liberty (we can participate), legal equality (one person, one vote), choice among alternatives (more than one candidate per political position) |
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| We have the right to express our ideas and opinions without fear of being punished |
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| Regularly scheduled elections |
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| People have to know when to vote; Must vote at regular intervals |
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| Articles of Confederation |
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| Government designed in 1783 (not designed to work) |
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| Faults of the Articles of Confederation |
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| No federal taxing power, no national defense, no power to regulate trade among states, no court system, no national currency, no executive branch; Only had Congress |
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| 4 since the 1820's when we became a state |
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| Lasted until the end of the Civil War |
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| During the reconstruction era; Very federal heavy |
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| Lots of things carried over to the 4th constitution; Home Rule Charter (city governments get city charters); Initiatives and referendums; Government involved in education; Constitutional convention every 20 years |
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| Similar to the U.S. Constitution, but a lot longer (13 Articles and over 100 amendments) |
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| Missouri Bill of Rights (similar to the federal bill of rights |
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| State legislature (bicameral with a House of Representatives and a Senate-34 senators and 163 representatives) |
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| Missouri's executive branch (much more divided than the federal branch) |
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| Peter Kinder (republican) |
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| Missouri secretary of state |
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| Robin Carnahan (democratic) |
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| Missouri attorney general |
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| Missouri's judicial branch (like the federal branch) |
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| Processess to get amendments added to the constitution; Can propose amendments through initiatives or referendums; Easier to amend than the national constitution |
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| Citizen driven process; Exampe: petitions |
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| Something that legislature proposed or passes that has to be approved by the people |
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