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The
Years After
Your Key to These Notes:
 A
Major Point  A
Sub-bullet, or a point related to the one above.
A point of
interest that will most likely not be on the AP test.
» Therefore,
or Ergo.
Articles
of Confederation (1st constitution)- failure.
Reasons:
Loose
confederation- friendship past, but not united
Each
state has its own currency
Each
state taxed the others- got through each one and pay tax in each one.
Each
state had 1 vote in national government
No
president, thus no national law enforcement
No
national court system- no law uniformity (like 13 allied countries)
National
government had no power over individual citizens- over states only »
states paying was voluntary »
eventual cause of Civil War.
2/3
states had to agree to pass laws
No
trade authority or tax levy opportunities
Unity
of states to change confederation
No
ability to raise money, so British kept presence in north »
War of 1812.
Land
Ordinance Act of 1785- divided northwest territories into townships »
allowed
people
to buy and inhabit
1785-
Thomas Jefferson – provide surveys & subdivisions & titles for
land—township =
6 miles x 6 miles, each square 640 acres (36 squares) - $1 per acre.
Northwest
Ordinance- provided statehood criteria—5,000 free males allowed for
the
establishment
of a territory; 60,000 free people »
statehood. Allowed for no
slavery above the Ohio River.
Washington
& others worried about lack of unity »
agreed to review Articles of Confederation.
Philadelphia-
decide to start over with secret constitution (locked in building)- begin
writing Constitution » elect George Washington as president of the Constitutional Convention.
Discussed ideas:
Montesquieu-
Spirit of the Laws- how to avoid
dictatorship; get free people » 3 kinds of government power- legislature, executive, judicial- if
combined into 1 person »
Hitler, Hussein, Stalin; keep separate »
Separation of Powers, but how to separate?
Article
I- Congress (writing laws)- Legislative
Article
II- President & Vice President (enforce laws)- Executive
Article
III- Supreme Court- Judicial
Checks
& Balances made sure they stayed separate.
John
Locke- Second Treatise of Government-
legislature, laws must
apply to everyone, benefit everyone, written by an elected legislature.
Create
legislature to write laws – Virginia Plan:
representation based on population
(Congress would elect the President)»
state dictatorship; Small states favored the New Jersey Plan: equal
representation »
The
Great Compromise –or—The Connecticut Plan: Congress divided into
House of Representatives [elected by free, property-owning males-
(based on population)] and Senate [elected by state legislatures-
(based on equal representation)]
Auturs
didn’t believe in democracy- “mob rule” »
limited participation opportunities »
voting for Electoral College members.
3/5
Compromise- 5 blacks were equal to 3 whites in election of House of
Representatives’ members
(10-23)
Article
4 Section 1 – Full Faith & Credit- Official Civil Acts of state
must be recognized by all other states.
Article
5- ¾ states must ratify Constitutional amendments
Article
6- Supremacy- Basis of judicial review- provided national
hierarchy of power: Constitution
at top, then Acts of Congress (added after McCullough v. Maryland)
& Treaties; State Constitutions; State Laws; Local Laws.
Bill
of Rights-
New
York & Virginia »
Federalist Papers – newspaper articles written by John Jay, Hamilton,
Madison—explain what constitution means to apprehensive New York &
Virginians » Bill of Rights (1791, 2 years after Constitution)
Amendment
I- congress can make no law establishing religion- religion not to be
favored over non (as opposed to Catholic vs. Jewish, etc.); right to
free exercise of religion; free speech- (including political speech)-
the communication of ideas with social value; ideas: political (#1
protected) to fighting (not protected), obscenity (second to least
protected- elicit a lustful
response)
(10-24)
Amendment
II- gun control; right to bear arms for militia.
Amendment
III- Response to Quartering Acts
Amendment
IV- Leading to arrest (government behavior)- probable cause (had to be
>50% likely)
Amendment
V- Pre-Trial issues (charges must be filed against you)- no
double-Jeopardy; no self-witness
Amendment
VI- Fair trial (speedy + public- 120 days); jury, in the County Seat;
must be told what you are accused of; right to confront witnesses
against you; bring witnesses in favor; attorney.
Amendment
VIII- After verdict- no excessive bail, fines, or cruel & unusual
punishment.
Amendment
IX- Colonial rights not written are still honored
Amendment
X- Sharing of power between state and national government
Amendment
XIII- Prohibits involuntary servitude
Amendment
XIV- Born or naturalized in U.S. are citizens
Amendment
XV- All men have right to vote
Amendment
XIX- All men & women have the right to vote.
Amendment
XXVI- everyone 18 or older can vote
Delegated
national government power- express (Article 1, Section 8, s. 1-18:
limits subject matter on which laws can be made; power to regulate
interstate commerce), implied (Article 1, Section 8, s. 18- The Elastic
Clause—allows for change that is “necessary and proper”—allows
government to stretch the Constitution to include new ideas), or
inherent (common sense powers of government)
Exclusive
(delegated)- national only; Concurrent- shared power (example: state
sales tax controlled
by state; income tax controlled by national government); Reserve- state
only (10th Amendment)
(10-25)
How
a bill becomes a law- start in House & Senate assigned to
appropriate a subcommittee
»
review/amend »
sent to rules committee for vote; House & Senate must approve »
sent to President to sign, veto or pocket veto (killing the bill by
doing nothing if Congress adjourns) »
if not vetoed in 10 days »
law. (must be identical in
House & Senate- can start in either, but money must be in House)
Congressman
cannot hold other offices
Members
of Congress free of arrest for anything said on floor- 2 years
Senate-
6 years
House-
President; Senate – Vice President; if Electoral College is split,
party loyalty negated this.
President’s
duties: Chief of State (people’s representative in the world); Chief executive
(enforce Congressional Acts); Commander-in-Chief (civilian military
leader); Chief Diplomat (treaty-maker only); Chief Legislator
(determines whether bill becomes law) Unofficial-
Chief of Political Party; Voice of People; Protector of Peace; Manager
of Prosperity; World Leader (military coalition of the free world).
Common
Law- law from Britain- purpose to protect individuals from the
government (no longer used- now state laws)
Civil
Law- trespassing, marriage (private people)
Equity
Law- Injunctions, court orders to evict
Admiralty
+ Maritime
Martial
Law- military takeover
International
Law
Canon
Law- church law
Majority
Opinion- Supreme Court/dissenting (disagree + why)
Concurring
Opinion – agree with decision for different reasons.
Beard
Thesis (Charles Beard)- Articles of Confederation protected the rich,
left debtors & small business out; maintained delegates were
corrupted by their own wealth, but the delegates were actually very
poor.
Fiske
(1861- 1880s)- Constitution saved wobbling nation (foreign pressure,
international chaos)
Adams-
Massachusetts encouraged to accept Constitution
Mason-
Bill of Rights
Federalist
Paper #10- Madison- republic has characteristics- authority of
government from people
All
people can participate
Elected
officials have terms or good behavior
President
elected by people- can be impeached
Court
is federal- states are equal in the Senate
House
is nationally selected by the people
President
noted for nationally by the people, but states’ Electoral Colleges
select President
(10/26)
Faction
power is diminished by Electoral College
Factionalized
population due to electoral parties.
Constitution
addresses the issues
Previous
constitution did not address factions
Articles
of Confederation made 13 factions- weaker; concern is loss of liberty
Remove
faction- remove liberty –or—give everyone the same opinion.
When it comes to passions and interest, no liberty is worse than
factions, and everyone having the same opinion is impractical.
Protection
of faculties is the first obligation of the government
(10/27)
To
control effect: republic screens ideas; religious or morality- not an
adequate check (as evidenced by Hitler)
Democracy
is not an efficient form of government- individual liberties of
minorities are squashed- everyone has vote.
Differences
between Democracy vs. Republic:
In
a republic, people are elected to make decisions for the public, as
opposed to a democracy, in which the people make the decisions; but less
than 50% vote (20% for Congress), so politicians look only at those who
vote; candidates ideas within a state.
(11/2)
Government
must be adapted to the environment- Montesquieu
Public
economic credibility- Hamilton’s economic plan + beginning of
political parties- Jefferson vs. Hamilton
Jefferson-
manipulative, distrusted by Washington
Hamilton-
affair-distrusted
Washington was frequently cranky; his dentures never fit him.
Bonds-
basically “I-owe-you” – paper currency- Hamilton said first
obligation is to pay off bonds, regardless of who the bearer is- done by
exchanging old bonds for new bonds with different interest rate to be
cashed in later.
States
also owned money for the war; Southern states were debt-free, but
northern were not; Hamilton said government should pay off north debts-
south angry because they already paid off their own.
In exchange, the nation’s capitol would be moved south to
Washington D.C. - 1st major southern city.
Washington
D.C. was originally named Federal City.
Jefferson
argued with Hamilton- spent time in France; saw that U.S. was second
most credible country in the world behind the U.K. (due to end of war,
resources); Hamilton did not know this because they didn’t speak.
Raising
money- duties & taxes (now income + corporate)- income tax was
prohibited until
Amendment XVI; »
Customs
(on imports); excise tax (luxury tax)- cars, perfume, etc.
Whiskey
tax (excise tax)- upset farmers who used whiskey as currency »
Whiskey
Rebellion
National
Bank- Constitutional or not?
Depositor
gets positive interest (9.95%); debtor pays negative interest (8%)-
profit of 5.25%- sell money, set interest rates as profit margin.
Tax
comes in as “deposit;” gives loans for profit to pay off bonds;
instead of income tax.
Reasons
Unconstitutional (supported by Jefferson): No language giving Congress
authority to establish a bank- Article I Section 8
Reasons Constitutional
(supported by Hamilton): “Power to borrow”- Section 2 –elastic
clause (Section 18); Jefferson argued that the law must be “necessary
& proper,” and that the bank was not necessary.
» Political Parties- Jefferson (Democratic-Republican [equivalent to
today’s
Democrat]) vs. Hamilton (Federalist [equivalent to today’s
Republican]).
Whiskey
Rebellion- refused to pay excise tax- Congress could ignore or suppress
the rebellion—chose to suppress, established the strength of the
national government with only 3 deaths.
Impact
of French Revolution- Executed Louis XIV and his wife, Marie Antoinette;
1789 became
Year 1; everyone addressed as Citizen ___; wore same clothes; wealthy
executed »
Britain (+ monarchies) became concerned—tried to squash French
Revolution.
United
States had treaty alliance with France (from the War of Independence);
Jefferson wanted to help; Hamilton said the treaty was made with King
Louis and was no longer valid.
Washington
wished to remain neutral »
Proclamation of Neutrality
Citizen
Jeaunet urged people to disregard Washington, raised money for privateer
(a raiding ship belonging to no country) »
was asked to leave U.S.
Land
around Great Lakes- Battle of Fallen Timbers- Native Americans driven
out, armed by British »
tension (also due to British outposts in the Ohio River Valley)
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