American Government Exam 1

What is government?

is the institutions and individuals that make up society's rules and have the power and authority to enforce the rules.

Government has 3 essential purposes, what are they?

1.Resolve Conflicts,2.Provide,3.Defend the nation and its culture against attacks from other natuons

Undemocratic systems

autocracy-Monarchy-dictatorship

Democratic Systems

1. Athenian - direct democracy2.Representative democracy

Other forms of government

1. Plutocracy - govern by the wealthy2. Theocracy - rule by deity

Order of Connecticut

Required laws made by an assembly of elected representatives from each town. Provided fro popular election of governor and judges

Colonial Legislatures

1. provided governance locally2.provided political experience to colonist

Why did the colonists choose to revolt against England and declare independence?

1. Seven Years War - French and Indian War2. Stamp Act of 1765First direct tax on the ColonistsRequire the use of specially embossed paper for all legal document, newspapers and other itemsGenerated strong resentment: James Otis, Jr. - "No taxation without representation"Stamp act Congress 1765Nine delegates sent to New York to prepare a declaration of rights to send to King GeorgeFirst time colonies joined together to oppose British rule

Continental congresses (1st)

First continental congressSeptember 5, 1774 - Carpenter's Hall in PhiladelphiaAll thirteen colonies were represented except GeorgiaDecided to send grievances to King GeorgeDecided to continue the boycott - urged the formation of committees of "safety" or "observation"British response:condemned the action as open acts of rebellionResponded with stricter more repressive measuresApril 19, 1775 - British soldiers fought colonial citizen soldiers in the first battles of the American Revolution

Continental Congress (2nd)

Less than one month after British reaction to grievances (c. May, 1775) All thirteen colonies were represented, including GeorgiaDeclared that militiamen gathered in Boston were a full armyNamed delegate George Washington commander in chiefThe intention was to reach peaceful agreement with Britain

Thomas Paine

Common SenseAmerica could survive economically without British tiesAssociation with the British was no longer neededSevered the final emotional barrier to independence

Republicanism

antiroyalistHigh antiroyalist sentiment = strong support for a RepublicPrevalence of representative governing legislatures without the presence of an executiveMen of "property and standing

Confederation

Voluntary Association of independent states

Articles of Confederation

The nation first constitution

Articles of Confederation (powers)

Northwest OrdinanceSettled states' claims to western landsEstablished pattern for governing new territories 1783 peace treatyGranted United States territory from Atlantic to Mississippi and Great Lakes and Canada to Northern Florida

Articles of Confederation (weakness)

No power to enforce its own lawsPassing laws was difficult - nine states needed to approve

Crises in the 1780s

Shay's RebellionAnnapolis meeting

Annapolis meeting

Purpose: consider extending national authority to commerceFive of thirteen states sent delegatesOutcome: proposed that the states hold a convention in Philadelphia the next yearPhiladelphia meeting became the Constitutional Convention

Shays' Rebellion

Fueled by dissatisfaction of indebted farmers of western MassachusettsLead by Daniel ShaysSeized courthouses and disrupted debtors' trialsAttacked National Government's arsenal

The Constitution

Virgina PlanNew Jersey PlanCompromisesEstablishment of Executive and JudiciaryFinal Draft and Ratificatiion

Virgina Plan

Proposed new nation government under a constitution Required:o Bicameral legislatureo National executive brancho National court system

New Jersey Plan

Favored smaller states Congress would be able to regulate trade and impose taxes Acts of Congress - supreme law of the land Each state had one vote Required executive office with more than one person elected by Congress Executive office would appoint a national supreme court

Compromises

1. The Great Compromise2. Three-fifths Compromise3. Slave importation4. Banning Export taxes

Establishment of Executive and Judiciary

1. The Executive is outlined in Article 2 of the Constitution2. The Judiciary is outlined in Article 3 of the Constitution

Federalist Paper

Protect minority Rights

Antifeds Paper

Written by elite so there would lead to aristocratic tyrannyargue for bill of rights

Major Principles of Governent

Limit governmentPrincple FreedomSeperation of PowersCheck and Balances

Federalist Alternatives

Unitary SystemConfederal Systems

Powers delegated to the nation government

1. Expressed powers2. implied powers3. Inherent powers4. Federal Land

Powers prohibited to the National Government

Deny Habeas Corpus - can't be arrested and taking away without defending yourselfPass Ex-post Facto Laws - worries about freedom of speech.Direct Tax Except for what is directed by the 16th amendment- They can't decide to put direct tax on an item without a reason. Tax exports - it's in the constitution Grant Title of Nobility - we want to move away from the monarchy system

Powers of the States - police powers

Regulate commerce within boardersEnact laws necessary to protect health, safety, welfare, and morals of people

Interstate relations

Tax goods transported across state lines Entering into treaties with other countries

Concurrent powers

Full Faith and Credit Clause Interstate compacts

Supremacy Clause

Article VI, Clause 2: constitution and federal laws are superior to all conflicting state and local laws

Two significant court decisions

1. McCulloch vs. Maryland (1819)2. Gibbons vs. Ogden (1824)

McCulloch vs. Maryland (1819)

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Gibbons vs. Ogden (1824)

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Cooperative federalism - state and federal work together

- Great Depression and "New Deal"- "Great Society" - many programs- Commerce clause and cooperative federalism- Federal preemption and cooperative federalism

Line between Federal and State authority

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Fiscal side of federalism

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