Transcript Constitutional Democracy

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.”
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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
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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.
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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.
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December 1773 – “Boston Tea Party” –
response to the tea tax (Britain’s
attempt to maintain some type of
control over the colonies.)
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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
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1st Government of the United States – adopted during the
Revolutionary War.
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Established a weak national government that was subordinate
to the states.
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Colonist feared creating a strong national authority.
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Created a National Congress.
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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
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The Virginia Plan: Plan put forth by the Virginia
Delegation – strong nationalist.
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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.
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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
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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
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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
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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
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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
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Jeffersonian Democracy
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Jacksonian Democracy
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Government belonged to all, not just elite
Voters choose president through electoral
college
The Progressives
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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.