American Heritage Test #2 BYU Pulsipher

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Rakove

• An overview of the Constitutional Convention
• What Madison did to prepare (CH 5)
• Talks about the Convention (CH 6)
○ Compromise
○ What powers went where

Federalist no 10 (James Madison, Publius)

• About factions
• The io make a 10
• James Madison doesn't want them but they are necessary
• To take them away it would be undemocratic
• So we just have to control the effects
• IF there are lots of them then they cancel them out
• They do this by having a big country
• The prob with factions was that it split the country in two in the civil war

Federalist 51

• James Madison, separation of power
• Anti federalists were worried about the central Gov, the cost gave the central Gov lots of power
• But he says that if you split up the power then they keep check on one another

George Washington's Farewell address

• A warning about what he thinks is going to happen
• Warning about
○ Political parties
§ He thinks that unity is more important
§ Its great to oppose each other but they have to compromise
○ Isolationism
§ We cannot get involve with other peoples problems
§ Be friendly but look after ourselves first and foremost

Gettysburg Address

• Talks about all men created equal
○ We cant let the army die in vain
○ Must continue to get rid of slavery, unfinished work

Lincolns first inaugural Address

• The south cant secede
• For a contract to be broken, both sides must agree
• He is not going to instigate war, he will only fight if they start it

Lincolns Second Inaugural Address

• Talks about healing the nation and letting the south back in with welcome arms
• Continuing war on slavery

The Constitution

• 7 Articles
L legislative
E executive
J judicial
S states
A amendments
S supremacy
R ratification

Amendment 1

freedoms of religion, speech, press, assembly, and petition
RASPP

Amendment 2

The Right to Bear Arms

Amendment 3

No Quartering of Soldiers

Amendment 4

Protection from illegal searches & seizures

Amendment 5

No double jeopardy, cant be tried twice
The Gov can take your land with good compensation
Self incriminating

Amendment 6

Right to a Speedy and PublicTrial

Amendment 7

Right to trial by jury

Amendment 8

Cruel and unusual punishment

Amendment 9

Enumerated powers
If there are any rights not listed, they go to the people

Amendment 10

Powers not delegated to the federal government are reserved to the states and the people

Amendment 11

Marbury Vs. Madison
Someone in one state cannot sue another state

Amendment 12

Separate ballots for President and Vice-President

Amendment 13

Slavery Abolished

Amendment 14

14. Makes them citizens
Establishes federalism (the balance of power between state and central Gov)
The national Gov trumps the states
States have to follow the bill of rights even if there laws say not to

Amendment 15

15. Any male citizen can vote
Even if he is black and doesn't have land

New Jersey Plan

• Every state gets one vote
• Equal representation, unicameral legislature (one house )
• Came up with by Patterson

Virginia Plan

Written by James Madison
Felt it was important to scribe
Randolph presented the plan
Representation by population only
Wanted a bicameral legislature (an upper and lower house) represented by pop

Connecticut Plan

Roger Sherman presented it
The great compromise
• He mixed the two ideas
• One house is representative and one is equal representation
• Upper =equal
• Lower = pop
Washington was there because he had a lot of influence

Civil War

• Antidum, Gettysburg battles. Go over lecture slides for the battles
• Lincolns addresses
• Emancipation proclamation
• Started solve federalism and slavery

Marbury vs. Madison

• Federalists
○ Adams, Madison and Marshall
• Democratic Republics
Adams was going to lose the presidency and had lost power of all houses except one. So he tried to fill up all the judges spots with Federalists.
• At the time the judicial branch was extremely week. Marshall got the job in it.
• Marshall didn't deliver all the letters
• Marbury didn't get his commission
• Marbury was mad he didn't get it
• He came across the Judicial act 1789, the writ of mandamus, they can force someone to do something. Tries to use it to get his job
• Marshall knows that if he issues the writ of mandamus and ignore it, weakening the supreme court
• If he told Marbury he could get the job then it looks like he is bowing down to them. Weakening himself
• Decides that he cant help Marbury because it is against the constitution
• Establishes the supreme court now always makes sure that laws are constitutional
• Associate judicial review with Marbury Madison

Marbury vs. Madison

The 1803 case in which Chief Justice John Marshall and his associates first asserted the right of the Supreme Court to determine the meaning of the U.S. Constitution. The decision established the Court's power of judicial review over acts of Congress, in this case the Judiciary Act of 1789.

Two party system

• Democratic republics and Federalists
• There are two because the video with the lions and gorillas
• Single representative districts
○ The individual is voted in by having the largest vote. No splitting up
• Proportional representative, the percentage of vote is how many representatives they get.
• Most Americans are right down the middle between Repubs and Dems
• In the primaries, candidates try to be really conservative
• In the national elections they try to be in the middle

Jays Treatise

• Treaty with England, soon after the revolutionary war
• They made an agreement that England would withdraw the troops. This didn't happen.
• So Jay went to England to talk with them
• The deals he made basically gave England the upper hand in trade
• People were mad because they were still wary of England
• During Adams presidency
• Federalists sides with England anyway, Adams was paranoid

John Brown

• Abolitionist
• He was going to raid an army reserve, get the weapons and lead the slaves to a revolt

McClellan

• The first union general
• He was a coward
• Antidum, he won the battle and then let the troops sit. He should have pursued them

Grant

• The good general
• Helped the union out

Lee

• The confederate general

Articles of Confederation

• Weak version of the constitution before the constitution
• Focused on states rather then national Gov
• Difficult to tax and states were making their trade deals etc
• Really hard to amend

The Articles were weak because:
• Weak Gov lacked power
○ No ability to tax
○ Ni supreme judiciary
• Insufficient structure
○ Unanimity required for amendment
○ 9/13 rule privileged obstructive minorities
• No sovereignty over states
○ Completed with them in foreign policy, trade
○ Seaport states gouged landlocked states

Ratifications

• Federalists for
• Antis were against

Ratifications
Anti Federalists

No bill of rights. Were worried that the Gov could jump over the peoples rights because the rights aren't stated
Thought it would only work in a small area because it is more personal
The central Gov had too much power

Ratifications

They were against the bill of rights because there was no way to get all the rights.
States had their own bill of rights, it would be repetitive
Power should come from the people, a bill of rights would make it seem like the Gov are deciding rights
A large republic is better because there are so many factions they cancel each other out
Separation of powers, the different branches would check each other so they would become too powerful

Legislative

• Approves the executives appointment of judicial
• Approves or declares war
• Has the power to impeach both other houses

Judicial

• Whether the laws are constitutional (leg)
• Laws constitutional

Executive

• Chooses Judicial

Purpose of the Constitution

• To form a more perfect union
• Establish Justice
• Ensure domestic tranquility
• Provide for the common defense
• Promote the general welfare
• Secure the blessings of liberty

Protecting Against abuses of Power
Structural Solutions

• Structural devices
○ A bicameral Legislature
§ One proportional, one not
○ Indirect Elections
§ We elect the President, he elects judges
○ Enumerations of Power
• Separation of Powers
○ Having three different branches
• Checks and Balances
○ Diferent branches can stop the other branches

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