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AP Government Chapter 2 Constitutional Democracy Promoting Liberty and Self-Government UPI/THE BETTMANN ARCHIVE Nixon Says Farewell President Richard Nixon, flanked by his wife, Pat, daughter Tricia, and her husband, Edward Cox, offers a tearful farewell to staff as he prepares to leave the White House one day after his resignation. Nixon, who told those gathered “we leave proud,” left for his California home to resume life as a private citizen after the Watergate scandals brought down his presidency. James Madison: “Federalist” #51 If angels were to govern men, neither external nor internal controls of government would be necessary.” “ The framers of the Constitution were intent on protecting Liberty and therefore sought to restrain use of political power. Limited Government – a government that is subject to strict limits on its lawful uses of power, and hence on its ability to deprive people of their liberty. Checks and Balances System designed to limit what officials can do. Self – Government Principle that the people are the ultimate source and proper beneficiary of authority; in practice, a government based on majority rule. Before The Constitution • Early Americans based their admiration for limited government on their English heritage. • English “Common Law” – guaranteed trial by jury / due process of law. • American Colonies - Trial by Jury, Limited Freedom of Expression, Religious Freedom (some), Small degree of self-government (elected assemblies). The Revolutionary War The Revolutionary War was partly a rebellion against England’s failure to respect its own traditions of limited government in the colonies. As time went on, Britain showed less and less respect for the right of the American Colonies. French and Indian War (1755 – 1763) Colonist fought along side the British to remove the French from the Western territories. Join or Die England’s colonies in North America were fragmented before the adoption of the United States Constitution in 1788. This illustration highlighted the need to unite as a single nation. 1763 The French and Indian War ends. The British defeat France and acquire the French empire in North America. 1765 Britain passes the Stamp Act to directly tax the colonists. The act requires that revenue stamps be put on all legal documents, deeds, newspapers, pamphlets, dice, and playing cards. 1766 The Stamp Act is repealed. However, a Declaratory Act reiterates Britain's right to pass laws for and levy taxes on the colonies. 1773 During the Boston Tea Party, colonists disguised as Native Americans throw tea from British ships into the ocean to protest the Tea Act (December). The act was passed to allow the British East India Company to sell tea to the colonists, but the tea included a British tax. 1774 Intolerable Acts are passed. They close the port of Boston, curtail the powers of local assemblies, provide for compulsory quartering of troops by colonists, and exempt imperial officials from trial in Massachusetts. An additional act establishes a colonial administration in Québec on terms that further provoke the American colonists. 1775 American militias defeat British troops in the battles of Lexington and Concord, the first battles of the war (April). 1775 American troops capture Fort Ticonderoga, beginning the war in New York (May). 1775 The British defeat the Americans at the Battle of Bunker Hill. The Continental Congress commissions George Washington to lead the Continental Army (June). 1776 The Continental Congress adopts the Declaration of Independence (July). 1776 The British defeat American troops at the Battle of Long Island, seizing the city of New York (August). 1776 Washington and his troops cross the Delaware River to launch a surprise attack; they defeat the British at the battles of Trenton and Princeton (December). 1777 British troops capture Philadelphia, Pennsylvania, home of the Continental Congress (September). 1777 British troops are defeated at Saratoga, New York, failing to cut New England off from the rest of the colonies (October). 1778 The Continental Congress enters a formal alliance with France, which provides money, weapons, and soldiers (February). 1778 The British capture Savannah, Georgia, in an effort to implement their Southern strategy, an attempt to capture Southern colonies with support of Southern Loyalists (December). 1779 Colonial troops seize a British fort at Vincennes, taking control of the war in the west (February). 1779 The colonial vessel, Bonhomme Richard, forces the surrender of the British warship, Serapis (September). 1780 British forces capture Charleston, South Carolina, as part of the Southern strategy (May). 1781 The British are defeated at Guilford Courthouse, North Carolina and realize that their Southern strategy is unlikely to succeed (March). 1781 The British surrender at Yorktown, ending most of the fighting in North America (October). 1783 The Treaty of Paris is signed, recognizing the independence of the United States (September). 1787 The Constitution of the United States is signed by the delegates of the Constitutional Convention (September). 1789 The Constitution becomes effective. 1765 – “Stamp Act” – a tax levied on colonial newspapers and business documents. “No taxation without representation” – rallying cry for the colonist. Eventually Parliament repealed the act. “Townshend Act” – imposed taxes on all paper, glass, lead and tea. King George III sent more troops to America to impose the new taxes. December 1773 – “Boston Tea Party” – response to the tea tax (Britain’s attempt to maintain some type of control over the colonies.) 1774 - “First Continental Congress” Demanded free assembly, end to British military occupation, ability to raise money (own taxes), trial by local juries (“troublemakers” had been shipped back to England for trial) “The Declaration of Independence” A call to revolution rather than a framework for a new form of government – ideas basically the same as the Constitution. The Articles Of Confederation 1st Government of the United States – adopted during the Revolutionary War. Established a weak national government that was subordinate to the states. Colonist feared creating a strong national authority. Created a National Congress. Each state (13) had one vote Nine votes required to pass legislation Unanimous approval required to change the Articles of Confederation (One state could block a revision) Denied Congress the power to tax – could not build a navy nor hire an army. Shays’s Rebellion Daniel Shays led a group of 2,000 farmers who marched on courthouses to prevent foreclosures on their farms. Result of Shays Rebellion: Congress authorizes a constitutional convention to “revise the Articles of Confederation”. Constitutional Convention Under the Articles of Confederation, the federal government was too weak to govern the states. After several proposals for reform, the Constitutional Convention met in Philadelphia in 1787 to write the document that still forms the basis of the United States government. The new Constitution delegated extensive powers to the central government, but reserved many powers for the individual states. Negotiating Toward A Constitution The Virginia Plan: Plan put forth by the Virginia Delegation – strong nationalist. – – – Two – Chambered Congress. Congress would have supreme authority in all areas (Especially in defense / interstate trade). Representation based on size. The New Jersey Plan: Plan put forth by New Jersey’s William Peterson. – – – Called for a Stronger National Government with the power to tax. Called for the power to regulate commerce among the states. Single chamber Congress with each state having one vote. The Great Compromise Provided for a bi-cameral (two-chambered) Congress. Established the House of Representatives apportioned among the states on the basis of population. Established the Senate apportioned on the basis of an equal number of votes (two) for each state. Article V of the Constitution: “No state, without consent, shall be deprived of its equal suffrage in the senate.” The North – South Compromise Congress was prohibited from taxing exports / could tax imports. Congress could not pass a law to end the slave trade until 1808. Passed a constitutional provision requiring the return of all captured runaway slaves. Included the “Three-Fifths Compromise”. The Ratification Debate Anti – Federalist Feared a powerful national government. (British King) Feared the fact that the Constitution contained no Bill of Rights. Concerned over the idea of a “President”. Acknowledged a need to strengthen national commerce and defense. Federalist Favored a government that would not threaten liberty. Favored a government strong enough to forge a secure and prosperous union. Major Goals of the Framers of the Constitution 1. To establish a government strong enough to meet the nation’s needs. 2. To establish a government that would not threaten the existence of the separate states. (Federalism – See Ch.3) 3. To establish a government that would not threaten liberty. 4. To establish a government based on popular consent. Grants and Denials of Power Authority not granted to the government by the Constitution is in theory denied to it. Grants of Power Denials of Power Power to tax, declare war and to create a national currency. Ex Post Facto Laws and the difficulty in amending the Constitution. Constitutional Limits of The Government Grants of Power Separation of Power Federalism Denials of Power Bill of Rights Judicial Review Elections Separation of Powers The division of powers among the separate institutions or branches of government. Declaration of War Against Japan President Franklin Roosevelt addresses Congress on December 8, 1941, the day after Japan attacked U.S. forces at Pearl Harbor. Under the U.S. system of separation of powers, the president commands the armed forces but only Congress can declare war. The Bill Of Rights Flag Burning On June 11, 1990, the Supreme Court struck down the constitutionality of the 1989 Flag Protection Act, which outlawed flag burning. The Court maintained that flag burning is a form of political speech and therefore is protected by the First Amendment to the United States Constitution. That same year, President George Bush proposed a new, and much criticized, constitutional amendment outlawing flag burning. The Bill Of Rights Abortion Rights Protest Abortion rights advocates demonstrate on the steps of the Capitol in 1989. The Constitution of the United States provides the national framework for deciding controversial issues such as abortion, school prayer, and gun control. Judicial Review The power of courts to review statutes and governmental actions to determine whether they conform to rules and principles laid down in constitutions. Judicial review is based on the idea that a constitution—which dictates the nature, functions, and limits of a government—is the supreme law. Consequently, any actions by a government that violate the principles of its constitution are invalid. Marbury v. Madison (1803) Elections Office Method of Selection Term President Electoral College 4 Years U.S. Senator State Legislature 6 Years U.S. Rep. Popular Election 2 Years Federal Judge Nomination Indefinite Democracy Republic A form of government in which the people rule, either directly or through elected officials. A form of government in which representatives, who are not subject to the people’s immediate control, meet to decide on policy issues. Representative Democracy A form of government in which the people indirectly participate in the decision-making process of government through the election of officials to represent their interest. Altering the Constitution Jeffersonian Democracy Jacksonian Democracy Government belonged to all, not just elite Voters choose president through electoral college The Progressives Direct election of senators Primary elections Initiative / Referendum Constitutional Democracy A government that is democratic in its provisions for majority influence through elections, and constitutional in its provisions for minority rights and rule of law.