Formation & Evolution of US Government: Articles of Confederation to Constitution - Prof. , Study notes of Local Government Studies

Download Formation & Evolution of US Government: Articles of Confederation to Constitution - Prof. and more Study notes Local Government Studies in PDF only on Docsity! Exam 1 Review: Chapter 1 – What is government and why do we have it? - James Madison, third President and author of Constitution: “If men were angels government would not be necessary” o Government is formed because of our imperfections - Government—a formally established way of making and carrying out political decisions o We need government to protect live, rights and liberties, provide public goods, and promote equality. Basically the preamble to the constitution - Politics—the competition to shape governments impact on society’s problems and goals o Struggle to control government Why consent to be governed? Why do we allow ourselves into this arrangement? - What would life be like without government? o The state of nature exist o Life in this state is nasty and short so we allow ourselves to be governed o Life would defiantly be worse without government; we would have to exist in what some have called “the state of nature” o We elect those to make decisions o Government can provide benefits that are difficult for us to achieve as individuals - Social Contract Theory can help answer the why question normative and empirical theories o Social contract theory can guide us here, to some extent. It’s a normative, rather than empirical theory  Normative—the way things ought to be  Empirical—the way things actually are—we do not have a fully direct democracy - Social Contract Theory o It is not a written contract, but rather, a general agreement between the people and their government  Each accept certain obligations and limitations on what they can do. The people agree to give up some of their liberty, and in exchange, the government guarantees to protect what were called “natural rights”  What are these? Our natural rights are life, liberty, and property  The contract derives from the assumption that government is based on the consent of the governed  If the government doesn’t supply our basic rights, we have the right to revolt and supply a more sufficient form of government o Example: Not protecting neighborhood, so people take matters into their own hands - Declaration of Independence: It is not a written contract, but rather a general agreement between the people and their government. What purposes has government traditionally served? - Protecting Life o Thomas Hobbs believed this to be the most important function of government - Protecting Rights and Liberties o John Locke thought that government should protect more than just life and he thought this was much more important function of government - Providing Public Goods o Libraries, trash pick-up, postal services—cant be easily provided by the individual actions of citizens o Infrastructure: roads, bridges, schools, etc. - Promoting Equality o Most recent and most controversial because some people are against some aspects of equality o Social equality and political equality are directly related These rights may conflict at times. Citizens disagree about which functions are most important and which functions should be most vigorously enforced. Disagreements usually arise from differences in individual priorities, and the way these priorities are organized is called a Political Ideology. - * Political Ideology—a coherent set of beliefs about how policies affect society and which policies are desirable. In the U.S. we mainly think of two: Liberals and Conservatives – what’s the difference between the two? How else might views be characterized? o Liberals—bigger national government involvement; political position that holds that the federal government has a substantial role to play in economic regulation, social welfare, and overcoming racial inequality o Conservatives—smaller national government involvement; political position which holds that the federal government ought to play a very small roll in economic regulation, social welfare, and overcoming racial inequality o Populist—comes from a rural reform movement in the early 1900s; celebrates the virtues of the common people against the elite o Libertarians—as little government as possible; the advocacy of individual liberty, especially freedom of expression and action. - Government: Congress (policy making branch), President (executive orders), Courts - Policies: Expenditures (spend money), Regulations (rules on policy), Taxes (impose/reduce), Non-decisions -What we do or don’t do will have some sort of impact on the People and that influences the circle of the policy process -We never permanently fix the problems to everyone’s satisfaction so the circle will always continue - Delegate vs. Trustee Distinction o Delegate—according to the doctrine articulated by Edmund Burke, an elected representative who acts in perfect accord with the wishes of his or her constituents o Trustee—according to Edmund Burke, a representative who believes that his or her own best judgment, rather than instructions from constituents, should be used in making legislative decisions. Ch 2 – Constitution The Constitution—a document that specifies the basic structure of government -Our Constitution embraces four basic political principles: Represents the government we have -Republicanism – a form of government in which power resides in the people and is exercised by their elected representatives -Federalism – the division of sovereignty, and hence power, among two or more governments—national and state in our case. -Powers are derived from the people, who are the ultimate sovereign -live in a particular area for a year in order to run for a certain position -President and Vice President are not allowed to be from the same state -Separation of Powers – Congress, the President, and the Supreme Court— the assignment of law-making, law-enforcing, and law- interpreting functions to separate branches of government; we actually don’t have a separation of powers, we separate the functions and share the powers -Checks and Balances – give each branch some scrutiny and control over the other branches -Powers are shared Example: When passing a law, President can veto -Checks on majority rule -Limited Government The Constitutional Setting: -Britain at war with France for control of North America – British repelled the French by 1763, but they had a problem: they were broke. (resources were extremely limited) - Taxes imposed on the colonist o Stamp Act of 1764- The act required that many printed materials in the colonies be produced on stamped paper produced in London and carrying an embossed revenue stamp. These printed materials were legal documents, magazines, newspapers and many other types of paper used throughout the colonies. Like previous taxes, the stamp tax had to be paid in valid British currency, not in colonial paper money. The purpose of the tax was to help pay for troops stationed in North America after the British victory in the Seven Years’ War o Writs of Assistance- court orders that authorized customs officers to go into a home for no particular reason and randomly search—they did it because there was a lot of smuggling going on o *Tea Act of 1773- The Boston Tea Party—civilians dressed up was Indians and threw a bunch of tea into the Boston harbor—it was a deliberately provocative act to get Britain to react harshly; they wanted Britain to overreact and come down hard on the colonist to get the colonist to turn against them; tea was the most important commodity in the 18th century, in 1772 British East India company convinced Parliament to place a tax on it, which devastated the people so they protested; Sam Adams organized this deliberate act - First Continental Congress formed in 1774 o Revolutionary government of the U.S. o Boycott all British goods -Flash Point in 1775—at Lexington and Concord, American “minutemen” exchanged shots with British troops sent to capture colonial munitions -Second Continental Congress appoints George Washington commander of the Continental Army -Common Sense published—written by Thomas Paine. He called reconciliation a dream and urged rebellion. Very influential; Wanted independence from great Britain. - “a continent can be governed by an island” - 1 of 8 children bought a copy - read by 40 million people - sparked many colonists who had been uncertain about rebellion -Despite all of this most colonist probably did not want independence - Most estimates put the support at about 1/3 - 1/3 supporting the King - those who wanted rebellion took stronger steps *The Declaration of Independence – an example of social contract theory. -Thomas Jefferson -Principles rooted in arguments of John Locke (people have rights that cannot be taken away) - Natural rights/consent of governed - Major premise: people have right to revolt against government - Listed a long train of abuses by the king—taxes without consent, convicted colonist without jury, etc. - Wanted to be free and independent states - 56 signatures - Punishment for treason was hanging -British reacted harshly towards the 56 men; negative consequences -Why was it necessary to produce this document? - Home: As a propaganda weapon; get people on board - Abroad: Propaganda weapon; Probably could not have won the war by ourselves—needed help from other nations (especially France) -it did NOT outline the structure of our new government *The Articles of Confederation – a loose association of independent states. -What they would follow after independence was achieved -Each state retains sovereignty within its borders (Example: United Nations) -Equal power with all other states -Ratified in 1781 -One Essential organ was the Congress of State -up to states on how to elect them -paid expenses for these people -modern day example of confederation (loose association of states agreeing to cooperation on specific terms); United Nations and European Union -used for about 8 or 9 years ^They were a failure, Why? - None of the more important powers could be exercised unless 9 states agreed - Even when a decision was reached, there was no method of enforcing those decisions - States had too much power, and national government was naturally powerless -Shay’s Rebellion – farmers were facing foreclosure due to war debt; Daniel Shay became leader; took over government building and the state had a difficult time putting rebellion down The Constitutional Convention of 1787: -initially the plan was to revise the Articles of Confederation - *Virginia Plan – drafted by James Madison; had the effect of writing a whole new charter of government; became blue print for our Constitution - called for a national government—power divided into three branches - one person executive to serve a single term - Legislative branch divided into two chambers -House of Representatives chosen by the people -Senate chosen by the House - a national judiciary would be established, which in combination with the executive could veto legislative acts - Large states would mostly favor this plan (Virginia, New York, Pennsylvania) - Constitutional changes come about in three specific ways: formal amendment, judicial interpretation, and political practices. Chapter 3—Federalism Federalism—at least two separate governments share responsibility for governing the same people and territory - almost every nation in the world has local units of government of some sort - Not all federal systems are alike. Some lean more towards state power, and some toward national government power - We can think of federalism as a continuum Confederal__________________Unitary |------------Federal----------| Confederal: state Unitary: national - subunits cannot make choices contrary to the national government How has federalism evolved in this country? *-Traditional meaning of federalism: the Barron v. Baltimore decision (1833)—Bill of rights protects individuals from bad actions of the national government, not the state governments.—Said that the Bill of Rights is a dual document –dual citizenship and dual authority - Would dump onto coast and made the water more and more shallow, Barron’s shoreline became more filled and his Warf wasn’t worth the wood it was built on - Went to state and lost but appealed to the U.S. Supreme Court - taking property without just compensation - did not get money; Chief Justice said if national government confiscated the land, he would recover the money, but because it was the state government he could not—based upon Maryland Constitution -Federalism has several dimensions—It creates: - dual authority – two sovereigns governing you - dual citizenship – individual rights depend upon the capacity in which those rights are asserted—as a citizen of a state or a citizen of the national government - because Bill of Rights doesn’t apply to states, really had no effect at all because national government rarely interfered - dual powers – national and state governments have separate and distinct powers - Powers of National Government – to promote commerce, by patronizing development—coining money, protecting inventions with patents, copyrights, building post offices, roads and railroads - Powers of States – coercive powers—to define and maintain public order through laws and regulations. These include criminal codes, health and safety codes, marriage and divorce laws, the power to define private property, etc. - What makes them Coercive? They can punish you if you fail to abide by them. A more modern understanding of federalism—How has it changed? -Clearly the above description does not describe our federal system today – the national government has gained a great deal of power at the expense of the states. -We will look at one of the ways this relationship has changed: - The Constitution was amended (14th Amendment) and the Supreme Court began to change its understanding of how our federal system protected rights and liberties - After 9/11, patriot act was passed - After any cataclysmic event we will often see this - States actually want the federal government to come in; willing to give up some control - Government has got more power at the state expense Chapters 4 and 5—Civil Liberties and Civil Rights Civil Liberties vs. Civil Rights— -Civil Liberties—freedoms guaranteed to the individual - they can take the form of negative restraints on government (First Amendment: “Congress shall make now law….”) - usually asserted by the “haves” (based on economic status: wealth, position) in society - Examples: Freedom of speech, press, assembly, religion, etc. -Civil Rights—they declare what government must do or provide - it is generally a claim upon state action, usually asserted by a group, usually the “have not’s” (such as women) in society - Examples: Right to vote, right to a jury trial, housing and employment have been included more recently - Group feels they are not being treated fairly by judicial system – believe government should step in and take action towards it Civil Liberties: The Bill of Rights in Context -The idea of a national or federal Bill of Rights had very little meaning initially – it was seen as limiting action of the national government, not the state governments. And since authority over individual rights was exercised primarily by state governments, the Bill of Rights did not significantly affect the course of American politics for the first 125 years after it was adopted. - State power was not unlimited however. Most state Constitutions contained their own guarantees of rights and liberties, and these Constitutions were interpreted in state courts - The Result was that people had some protection against unwarranted governmental intrusions into individual liberty, but there was no uniformity in how these liberties were protected by different states. If you felt your state was wrong, as Mr. Barron did, you could try to change things politically in your state by voting or other means, you could move to another state with more congenial views, or: ^ The 14th Amendment (1868) seemed to change all this, It was one of the civil war amendments designed to protect the rights of newly emancipated blacks. Three Constitutional Revolutions 1. The Nationalization of the Bill of Rights: began with Gitlow vs. New York (1925). - courts obligated to follow the Bill of Rights - How did the Bill of Rights come to be applied to actions of the state governments as well as actions of the national government? o Through the due process clause of the 14th Amendment by a process called selective incorporation. It is a legal concept that has made possible the national involvement in the protection of individual rights against state and local officials. It has had the effect of equalizing the rights of the people regardless of residence. o Timeline in book p.82-83: which Supreme Court case incorporated them and how long it took?  The Supreme Court has not yet fully incorporated or nationalized the Bill of Rights, it has practiced Selective Incorporation—slowly adding, step by step, even traditional civil liberties to the constitutional obligations of the states o Which have not been incorporated?  The Third Amendment on Quartering troops in citizens homes: hasn’t come up yet  The Fifth Amendment on a right to grand jury hearing  The Seventh Amendment on a right to jury trial in civil suits  The Eighth’s prohibition against excessive bail and fines o Which was just incorporated?  Second Amendment (right to bear arms)—before: different states can have different rules on gun control 2. The Expansion of Civil Liberties - the courts moved from a position that the government could impose reasonable limits on individual conduct to the position that limits on individual conduct were presumptively improper unless supported by some compelling justification (courts can determine what level of each of these is constitutional); the Courts began to move to positions that gave individuals greater liberty - For Example: o Ordinary Scrutiny—meaning that the court would assume, unless convinced otherwise, that it’s actions were constitutional; The assumption that the actions of elected bodies and officials are legal under the Constitution o Strict Scrutiny—the assumption by the Court that actions by elected bodies or officials violate constitutional rights  Jim Crow Laws—Popular term for the system of legal racial segregation that existed in the American South until the middle of the 20th century; required racially segregating of just about everything - Brown vs. Board of Education (1954)—separate is inherently unequal o Perhaps the most important case in the 20th century o Blacks were not getting the same educational opportunities o States could no longer make laws that discriminated against blacks --Practitioners of Civil Disobedience—Gandhi, Thoreau, Jesus Christ, MLK - *Extensions of the Brown decision o Affirmative Action—Programs of private and public institutions favoring minorities and women in hiring and in admissions to colleges and universities in an attempt to compensate for past discrimination; take stronger steps; programs to rectify past discrimination; rulings that required a more positive approach to this; P. 122 o Civil Rights for other groups—there were other groups that started to press their claims WOMEN (Marry Poppins has a strong theme of feminist)  Protectionism—women should be sheltered from life’s cruelties. They had to deal with a legal system that claimed to be protecting them. P.128  Abortion rights—Roe vs. Wade- woman has the right to terminate her own pregnancy P.131  People with disabilities—what was ADA? P. 133  ADA—American Disabilities Act – prohibits employment discrimination against the disabled and requires reasonable efforts to be made to make places of employment and public facilities accessible to them  Gays and Lesbians P.133 QUIZ 1: - Plessy vs. Ferguson (1896) o “Separate but Equal” – is a landmark United States Supreme Court decision on the jurisprudence of the United States, upholding the constitutionality of state laws requiring racial segregation in private businesses (particularly railroads). - Brown vs. Board of Education o As a landmark decision of the United States Supreme Court that declared state laws establishing separate public schools for black and white students unconstitutional - Majority Tyranny o Suppression of the rights and liberties of a minority by a majority o Know what it is [what is the best example: civil rights act, voting rights act, Jim Crow, etc.]  Jim Crow—popular term for the system of legal racial segregation that existed in the American South until the middle of the 20th century. - Pros and Cons of Federalism in Chapter 3— o Pros:  Diversity of Needs  Closeness to the People  Innovation and Experimentation o Cons:  The Importance of National Standards  Low Visibility and Lack of Popular Control  Spillover Effects and Competition - Shay’s Rebellion (Chapter 2) o Governor James Bowdoin issued a proclamation against unlawful assembly and was met by more than 500 armed farmers lead by former Revolutionary War officer Captain Daniel Shays; after a long standoff the militia withdrew leaving the rebels in charge and the Court unable to meet o This was the worst fear of the national leaders about the dangers of ineffective state governments and popular democracy spinning out of control, unchecked by a strong national government o After this they issued the Constitutional Convention to take place in Philadelphia to correct/replace the Articles of Confederation - How can the Constitution be changed? o “living constitution” o 1. formal amendment  it may be formally amended outlined by a procedure in Article V o 2. Judicial interpretation  Ruling of the Supreme Court—sometimes not specifically found in the document itself o 3. Political Practices o Bill of Rights had been added after 3 years o Only 17 more since then [in over 200 years] Fighting Back: Eyes on the Prize 1. Having a government of elected officials who are chosen by the people in free and fair elections is one hallmark of a. Theocracy b. Mobocracy c. Direct democracy d. Representative democracy 2. The _______ Plan favored small states. a. New Jersey b. Three-fifths c. Virginia d. Connecticut 3. _______ Federalism is the idea that each level of government is sovereign in its own sphere a. Cooperative b. Fiscal c. Horizontal d. Dual 4. That government may not interfere with religious beliefs is related to a. The free exercise clause b. The establishment clause c. Limits on state action, only d. Limits on federal action, only 5. _______ discrimination is the use of race in law or government regulations to discriminate. a. De facto b. Unequal c. Illegal d. De Jure