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IPLE 1 HONORS MIDTERM STUDY GUIDE I.

Terms Virginia Plan - Drafted by James Madison before Philadelphia Conference - Proposed strong national government with power to make and enforce its own laws and to collect its own taxes, so each citizen would be governed under authority of two governments (national government and state government, both of which would get their authority from the people): a FEDERAL SYSTEM! - Three brancheslegislative, executive, and judicialfor national government, with legislative branch more powerful (would select people to serve in executive and judicial branches) - National bicameral legislature (Congress): House of Representatives (elected directly by people of each state) and Senate (elected by members of House of Representatives from lists of persons nominated by legislature of each state) - Number of representatives from each state in both House and Senate would be based on size of population or amount of its contribution to federal treasury (proportional representation, so states with larger populations would have more representatives in the legislature than states with smaller populations) - Legislative branch has power to make all laws that individual states were not able to make (laws regulating trade between two or more states), to strike down state laws that it considered to be unconstitutional, to call forth the armed forces of the nation against a state to enforce the laws passed by Congress, to elect people to serve in executive and judicial branches of government New Jersey Plan - Presented by William Paterson after debate over Virginia Plan, wanted to keep framework of Articles of Confederation - Legislative branch: unicameral Congress (like Confederation) with increased powers of taxing (power to levy import duties and a stamp tax to raise money for its operations, together with the power to collect money from the states if they refused to pay), trading (power to regulate trade among the states and with other nations), and control over states (laws and treaties made by Congress would be considered supreme law of the land) - Executive branch: made up of persons appointed by Congress, power to administer national laws, appoint other executive officials, and direct all military operations - Judicial branch: supreme court appointed by the officials of executive branch, power to decide cases involving treaties, trade among the states or with other nations, and collection of taxes Great (Connecticut) Compromise - Special committee composed of one delegate from each state was formed to develop a plan - Resulted in Connecticut/Great Compromise: a proposal previously suggested by Connecticut delegates Roger Sherman and Oliver Ellsworth - House of Representatives would be elected by people on basis of proportional representation - Equal representation of each state in Senate: legislature of each state select 2 Senators - House of Representatives given power to develop all bills for taxing and government spending, direct taxes would be assigned and divided (apportioned) among states by populations - Senate limited to either accepting or rejecting bills, could not change (later changed to permit Senate to amend tax bills developed in House and to develop appropriation bills itself) Factiona group that seeks to promote its own special interests at the expense of the common good
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Northwest Ordinancean ordinance created by the Articles of Confederation in 1787 that defined the Northwest Territory and created a plan for its government, provided for the transition from territory to statehood for what would become five states north of the Ohio River and east of the Mississippi, ensured that states provided for education by setting aside land for that purpose and stated that slavery would be forever prohibited from those lands Constitutional governmenta government in which the powers of government are limited in practice by a written or unwritten constitution which they must obey Higher lawas used in describing a legal system, refers to the superiority of one set of laws over another (example: U.S. Constitution is higher law than any federal or state law), means that natural law and divine law are superior to laws made by human beings in natural rights philosophy Popular sovereigntythe natural rights concept that ultimate political authority rests with the people Legislative supremacya system of government in which the legislative branch has the most power Judicial reviewthe power of the courts to declare laws and actions of the local, state, or national government invalid if the courts decide they are unconstitutional, first established by John Marshall in Marbury v. Madison Articles of Confederation o Confederationa loose alliance; core is weaker than states Articles of Confederation Confederation of States (Civil War South) CONFEDERAL o Problems: National government could only ask for money; states would refuse, so not enough money to actually act as nation True power held by states To amend Articles, all 13 states had to agree States have different currencies Huge taxes on goods between states o ConstitutionFEDERAL o Articlesstate commerce problemsmeeting in Maryland, but only 5 states showed upPhiladelphia Convention Supposed to only amend Articles Framed by aristocrats (only those wealthy enough to go to and stay at Philadelphia) o Positives about the Articles: Had a modelwhat worked, what didnt work; then could improve Articles showed European powers that we were a real government/nation Won Revolution under it (although later on, Revolutionpeace treatyWar of 1812 a.k.a. Second Revolution) Northwest Ordinanceshowed how to split up land in future - Trouble Spots with Articles o November 1786Shays Rebellion Massachusetts farms lost homes and farms Shays led group to capture Springfield arsenal for weapons Shays and men were defeated o 1786 Annapolis Convention Spearheaded by Madison to discuss problems of Articles of Confederation
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Wrote report to Congress February of 1787Congress voted to support May meeting in Philadelphia to revise Articles Only 5 states showed up, but needed 13 to make change, so arranged Philadelphia Convention The Federalista series of essays written in 1787-88 and collected in a book by Alexander Hamilton, James Madison, and John Jay (PUBLIUS), urging the adoption of the U.S. Constitution and supporting the need for a strong national government Proportional representationVirginia Plan, the electoral system in which the number of representatives of a state in the House of Representatives is based on the number of people who live in that state Equal [state] representationequal voting power for each state, as proposed by the smaller states in the New Jersey plan Habeas corpusa court order directing that prisoners be brought to court and to show cause for his or her detention, from Latin term meaning you shall/should have the body Supremacy clauseArticle VI, Section2, of U.S. Constitution, which states that the Constitution, laws passed by Congress, and treaties of the United States shall be the supreme law of the land, binding on the states Necessary and proper clauseArticle I clause of U.S. Constitution that gives Congress the power to make all laws that are necessary and proper to carry out the powers expressly delegated to it by the Constitution Initiativeprovides a means by which a petition signed by enough registered voters can force a public vote on a proposed statute, constitutional amendment, charter amendment or ordinance Referendumdirect popular vote on a proposed law or constitutional amendment, a note from a diplomat to his government requesting instructions Recallthe act of removing an official by petition Rule of lawthe government must obey the law (as first set down by the Magna Carta) Natural rightsdoctrine which assumes that human beings had rights in a state of nature and create government in order to protect those rights (LOCKE) Divine rightGod-given right to monarchs to rule Classical Republicanisma theory that holds that the best kind of government is one that promotes the common welfare instead of the interests of one class of citizens (Roman Republic thought by the Founders to be one of the best examples of a society living under this theory of government) Separation of powersthe division of powers among different branches of government Checks and balancesthe distribution and balancing of power among different branches of government so that no one branch is able to dominate the others Social contractthe agreement among all the people in a society to give up part of their freedom to a government in return for the protection of their natural rights by that government Petition of Right1628 a formal acknowledgement that limited the English monarchs power to tax people without the consent of Parliament and which also guaranteed English subjects certain fundamental rights English Bill of Rights1688 signed by William and Mary: could not suspend laws without the consent of Parliament, needed approval of Parliament for raising an army and raising taxes, protected the rights of individuals (trial by jury, limit in punishments)

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Common lawthe body of unwritten law developed in England from judicial decisions based on custom and earlier judicial decisions, which constitutes the basis of the English legal system and became part of American law Massachusetts Body of Liberties1641 a document that described the rights of citizens and the authority of public officials Declaration of Independencemany complaints stated by Jefferson, president of Continental Congress was John Hancock, Pennsylvania had most signers, Rhode Island had fewest, New Jersey signers: Stockton, Witherspoon, Hopkinson, Hart, Clark (17 complaints) Marbury v. Madison - Landmark case of 1803 in which the Supreme Court, for the first time in American history, struck down an act of Congress as unconstitutional, creating the Courts power of constitutional judicial review - Marbury appointed by President Adams to serve as a justice of the peace for the District of Columbia, but was never given the commission - Argued that it was duty of Madison (Jeffersons secretary of state, did not deliver the commissions) to give him the commission and asked the Supreme Court to issue a writ of mandamus ordering Madison to deliver it - Does Marbury have a right to the appointment? Yes, appointment had been signed by the president and sealed by the secretary of state, so Marbury had the right to hold the office for five years as provided by law - If Marbury has a right to the appointment and his right has been violated, do the laws of the country give him a way to set things right? Yes, when the secretary of state refused to deliver commissions, he broke the law and violated Marburys rights, Marbury should have a legal remedy to resolve this problem - If the laws of the country give Marbury a way to deal with this problem, is that a writ of mandamus from the Supreme Court? No, the part of the Judiciary Act that gave Marbury the right to ask the Supreme Court to issue a writ of mandamus was unconstitutional because the Constitution clearly limits the Supreme Courts original jurisdiction, the Supreme Court did not have the power to hear Marburys case unless it was first heard in a lower court and then appealed to the Supreme Court because he was not an ambassador, state, consul, or minister - Four methods for interpreting the Constitution: literal meaning of the words in the Constitution, based on the intentions of those who wrote the Constitution, based on the values of the time of the Constitution, using contemporary social values Writ of certiorarifrom Latin meaning made more certain, abbreviated to cert., court considers all petitions it receives to review lower court decisions, cert is issued if four judges agree to hear the case and the case is scheduled for a hearing II. Philosophers Aristotle (384-322 B.C.) - Formed the Lyceum (school that works towards Guardianship) - Wrote Politics - Reason is the highest goodexamine all sides of issues - Created syllogismspuzzlesarguing logically - Belief in possibility of political science; scientist at heart - Moderation is the key to successa balance between extremes - Education is needed
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Studied under Plato, at the Academy Said social science is the highest of all sciences (wanted formula for best possible government) On human nature o Human nature, the human average, is nearer to the beast than to the god. The great majority of men are natural dunces and sluggards o Men are readily listen to utopias and are easily induced to believe that in some wonderful manner everybody will become everyones friend. Political science does not make men, but must take them as they come from nature. On citizenship o Sets stage for classical republicanism (Romans) o A citizen is a person who performs certain functions o One such function is to participate actively in the exercise of authority o The number of persons competent to share in this activity is limited o Looked at 150 government plans (no best possible government though) o Agreed with idea of small communities o Good leaders are able and have respect for the law: political society exists for the sake of noble actions On democracy o Democracy on the whole is inferior to aristocracy. It is based on a false notion that those who are equal in one respect (in the law) are equal in all respects: because men are equally free, they claim to be absolutely equal because the people are so easily misled and so fickle in their views, the ballot should be limited to the intelligent. What we need is a combination of aristocracy and democracy. The political situation o Constitutional government offers thebest possible state. o The strength of a government consists not in number alone, nor in property alone, nor in military or political ability alone but in a combination of these. o Touts diversity o Requires highly specialized technical competence and more than ordinary qualities of character or mind o Government is notan activity appropriate to the common run of man. o Constitutional government o Strength of government not in numbers alone or property or military or political ability, but in a combination of all o Regard taken of freedom, wealth, culture and noble birth as well as numerical superiority There is no such thing as an ideal state that would suit everything (states and their needs vary). The most successful state is run by a large middle class whose members possess a moderate and adequate property Types of state (each can be good or bad) o Rule by one: Goodmonarchy Badtyranny o Rule by a few: Goodaristocracy Badoligarchy o Rule by many:
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Goodpolity (a political organization; party system) Baddemocracy (too many possibilities of idiots) Plato (426-347 B.C.) - Pupil of Socrates (around 470 B.C.) o Socratessculptor, teacher, believed can be absolute truths (against Sophists), wants people to think through the process; questioning method came to be known as Socratic Method (logical thinker) o Accused of corrupting the young and being an atheist/heathen (399 B.C.) o A person who knows what is right, who has determined this through careful thought, will always do whats right. o Found guilty, sentenced to death, but drank poison instead - Formed the Academy o Gather all young to learn together - Wrote The Republicwritten in the form of conversation/dialogue (Q&A, Socratic method) o What is perfect place/ideal state? How do you achieve this? o Conclusion: must have philosopher kingneed someone with power, but needs to be a thinker to look at something and deduce o However, wealth and luxury corrupt, so must not have excess o The problem of political philosophy is to devise a method of barring incompetence from public office, and of selecting and preparing the best to rule for the common good. - Why is it that men cannot live in harmony Why is it that utopia never arrives upon the map? o GREEEEEEED! o Because of greed and luxury, men are not content with a simple life; they are acquisitive, ambitious, competitive and jealous; they soon tire of what they have and pine for what they have not, and they seldom desire anything unless it belongs to others. o Jealous, acquisitive o Result: Encroachment of one group upon the territory of another, the rivalry of groups for the resources of the soil, and then war. STILL TRUE TODAY! o So how do you bar incompetence? o Born during the Peloponnesian War o City is actually 2 cities: city of the poor and city of the rich, each at war with the other, even more subdivisions; would be mistake to treat them as single states o CONCLUSION: wealth and luxury corrupt! - Every form of government tends to perish by excess of its own basic principle. o Aristocracyruins itself by limiting too narrowly the circle within which power is confined o Oligarchyruins itself by the incautious scramble for immediate wealth - Rejected sensesno perceptionwanted to deal with truth and reality - Average citizen of democracy cannot judgederived from Socrates death - Wants to get rid of democracy A. Views on Democracy - Democracyruins itself by excess of democracy. It becomes disastrous because the people are not properly equipped by education to select the best rulers and the wisest courses. - Democracy produces poor leaders and poor government o Sees Athenspick people out of a hatPlato says we are not equally able
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o Three groups: laborers, smart people, and philosopher king - Average citizens cannot be trusted to think clearly and vote wisely - The upshot ofa democracy is tyranny or autocracy; the crowd so love flatterythat at last the most unscrupulous flatterer, calling himself the protector of the people, rises to supreme power. (HITLER!) - Ruin comes when the trader, whose heart is lifted by wealth, becomes ruleror when the general uses his army to establish a military dictatorship. The producer is at his best in the economic field, the warrior is at his best in battle; they are both at their worst in public office. - Mob rule is a rough sea for the ship of state to ride: every wind of oratory stirs up the water and deflects the course. - Authorize totalitarian statesrulers need tyranny to reform citizens - Doesnt want to reform democracy, wants to get rid of it entirely B. The Political Situation - Create a class of guardiansphilosopher kings o Justified authoritarian states o Best state: common good with education State is more important than individual o There will be no end to the trouble of states, orof humanity itself, till philosophers become kings in this world, or those we now call kings and rulers really and truly become philosophers. Results in structure of strict control and local state Limit power to eliteliterature and art censoredonly best education Funnel down to elite - Begin by taking all children and educating them equally o Waves of selection to wed out those who are unfit: at ages 10, 20, 30, and 35 o Those who survive at age 35 will then work among the laboring class o Those who remain at age 50 are then deemed fit to become rulers of the state - This class of guardians will be protected by the warrior class and will rest on a broad base of commercial and agricultural workers o The guardians will not be tainted by the handling of money, they will be free from the duties of raising a familytheir only duty will be to maintain the state o Trade and industry will be overseen by the guardian in order to prevent excessive wealth or poverty o Anyone acquiring more than four times the average possessions of citizens must relinquish excesses to the state o Women are equal to menallowed to be Guardian - Closest ideal state is philosopher king Zeno the Stoic (322 B.C.) - Money doesnt necessarily buy happiness - All men, because they share in the ability to reasonin different degreesshare in the godheadall men are equal - Stoics (firmer Sophists) stressed duty, virtue, happiness independent of wealth, equality of man Machiavelli (1469-1527) A. Conditions in Italy:
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- Competition/war between city-states - Era of renaissance/questioning authority - Medici family had ruledthen out - Western monarchs became powerful B. His views (served as ambassador, military leader) - Looks at peoples actions, not ideal state/spiritual growth - How do you be a successful politician/leader? - In The Princehandbook for rulers who often faced unstable conditionsrulers must be realistic in order to stay in place o Politics is a junglethe successful ruler acts with the strength of a lion or the cunning of a fox o A savage beasthalf lion half foxwould be the natural king o Lions can see traps, foxes cant fight wolves; must be lion to fight wolves, fox to avoid traps o Hold rulers to lesser moral standard; may have to be bad in order to be effective/do what must be done o Humans are corruptlikely to be motivated by self-interest rather than by loyalty or patriotism o Power is the reward of ruthlessness, ferocity, and cunning o Advises rulers that it is better to be: Miserly than to be generous Feared than to be loved o Stay in power whatever way you can! Thomas Hobbes (1588-1679) - Fear and I were born together - Impact of exile during English civil War - Held a despairing view of the human condition - State of naturethe world before people created societies - Peoples nature = passionate, fearful o People are naturally competitive, distrustful, and seeking glory - Therefore: state of nature = state of war - Natural enmity of men - Desire to dominate others - No one is safe - Fear abounds - Man has natural rights to self-preservation and freedom - Mans instincts can bring harm and destruction - Reason, not natural impulse, leads men to form societies - Usually have difficult time of reasoning, but if can prove will make them better, men will accept - Authored Leviathan (definitionanything of immense size and power) o Sovereignty should be undivided o Religion and its institutions divide sovereignty o Should be devoted to king, not distracted by religion o Men are competitive, not cooperative; they tend to war, not peace o All men are equalequally VULNERABLE o Mens ability to reason instructs him to form governments to survive
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o Our freedom must be surrendered to a sovereign and all in a society must comply to achieve peace and safetySOCIAL CONTRACT o The best ruler is the one who is able to enforce the lawabsolute monarchy (undivided v. divided sovereignty) o Can never have too much power for monarchs CALVIN AND HOBBES: Calvin = Locke, Hobbes = Hobbes John Locke (1632-1704) - Calvinist who received education at a Royalist school - A friend to Sir Isaac Newton, William Penn, King William I, and Queen Mary - Reflecting on Glorious and Bloodless Revolution of 1688 - A physician and economist - Authored An Essay on Human Understanding and Two Treatises on Government - In Two Treatises, he: o Meant to reply to Sir Robert Filmer who defended allegiance only to the anointed king (Filmers book Patriarcha defended the old divine right theory) o Expressed his belief that man in a state of nature might encounter certain problems maintaining basic natural rights of life, liberty, and property o Said societies are formed expressly to defend everyones natural rights (inalienable)natural rights philosophers - Social contract to protect rights (Hobbes: to prevent chaos) - Hobbes: NEVER have right to rebellion - Locke: o Said the state of nature is any situation in which there is no common judge or law that governsthere is no authority to work out conflicts o Said the state of war is when force is used without the right to use it o The state of nature often looks like a state of war because when there is no governing authority, people do resort to force to solve conflicts BUT the state of nature is not all ugliness filled with people who hate each other! (BREAK FROM HOBBES) o The remedyCIVIL GOVERNMENT - Lockes ideal government: o Purpose: to protect natural rights to life, liberty, and property, and THATS IT; government should be LIMITED (unlike Hobbes) o Idea of social contract: we enter into this contract with each other; everyone gives up some liberty to gain protection o We dont give up all liberty to an absolute monarchy o Spoke of government by the consent of the people. If the king/government violates the natural rights of the people, the people have the right to withdraw consent o Sovereignty was a contract and the people could revoke the consent if the prince betrayed the trust by endangering the natural rights of the peoplepeople then have the obligation to contract a new ruler o There is no right to overthrow a just government! Alexis de Tocqueville - French political thinker and historian, classical liberal - Tyranny of the majority: will of majority crushes the opinions of the minority - Democracy will keep people in a perpetual state of childhood because government does everything for them, robs a man of all the uses of himself
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By this system, people shake off their state of dependence just long enough to select their master, and then relapse into it again.

III. Constitutional Convention/Ratification and Federalist/Anti-Federalist John Adamsdid not attend, was in Britain, Federalist Benjamin Franklinattended as oldest delegate Thomas Painewrote Common Sense, not there because busy inciting revolutions in France, AntiFederalist Gouvernor Morrisscribe of Constitution Thomas Jeffersonwas in France as ambassador at the time, also refused to go also because: what are we, demigods? Half gods with the right to rewrite this government? later Anti-Federalist George Masoninsisted on Bill of Rights, Anti-Federalist Patrick Henrygive me liberty or give me death, but did not attend because I smell a rat in convention, afraid government would be bad again, Anti-Federalist James Madisontook notes in his diary, one of the main sources of information about the convention, helped to write The Federalist Papers, Federalist Alexander HamiltonNew York, left halfway through, helped to write the Federalist Papers, Federalist George Washingtondid not want monarchy, would preside, so president, Federalist IV. Justices MarshallThurgood Marshall, felt that death penalty was inherently unconstitutional, first African American to serve on Supreme Court, Brown v. Board of Education MarshallJohn Marshall, Chief Justice during Marbury v. Madison John Jayfirst Chief Justice of the Supreme Court of the United States, also one of the writers of The Federalist Papers Current Chief JusticeJohn Roberts, nominated by George W. Bush and approved by Senate in September 2005 V. Amendments 1stfreedom of religion, of speech, of the press, to assemble, and to petition 2ndenumerates the right to keep and bear arms 3rdno quartering of soldiers in private houses during peacetime, but Congress may pass a law during war stating that soldiers should be quartered th 4 search warrant is required to search belongings, unreasonable searches and seizures 5thindictments, due process, self-incrimination, double jeopardy, and rules for eminent domain 6thrights to a fair and speedy trial, to notice of accusations, to confront the accuser, to subpoena, to counsel 7thright to trial by jury in civil cases 8thno excessive bail and fines or cruel and unusual punishment 9thunenumerated rights (U.S. will not infringe upon rights not stated in Constitution) 10thlimits powers of federal government to only those specifically granted to it by the Constitution 11thimmunity of states from out-of-state citizens and foreigners not living within the state borders, lays foundation for sovereign immunity 12threvises presidential election procedures to current system (previously, person with most votes would be President and runner-up would be Vice President) th 13 abolishes slavery and involuntary servitude, except as punishment for a crime
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14thdefines citizenship and deals with post-Civil War issues 15thprohibits the denial of suffrage based on race, color, or previous condition of servitude 16thallows federal income tax 17thdirect election of Senators 18thprohibition of alcohol (repealed by 21st Amendment) 19thfederal recognition of womens suffrage 20thlame duck amendment, changes term commencement for President from March to January 20 21strepeals 18th Amendment 22ndlimits the president to two terms 23rdrepresentation of Washington, D.C. in the Electoral College 24thprohibition of the restriction of voting rights due to the non-payment of poll taxes 25thpresidential succession 26thvoting age nationally established at 18 27thvariance of congressional compensation VI. Units Citizenship and votinglessons 27, 35-37 Kinds of political systems + philosophers - Lessons 1-4 - Aristocracy, democracy (direct + representative), dictatorship (individual + party), monarchy (absolute + constitutional), oligarchy - Hobbes, Locke, de Tocqueville Development of Constitution: British influencelessons 5-7 Electoral College - Original system, then 12th Amendment - Winner-take-all system (not used only by Maine and Nebraska) - Number of electors for each state: 2 (U.S. Senators) + # in House of Representatives Articles of Confederation and Constitutionlessons 10-14 Anti-Federalist + Federalistlessons 16-17 Judicial reviewp. 94 Organizing the Judicial Branch, lesson 21, Marbury v. Madison Capital punishment - Robinson v. California, Furman v. Georgia, Gregg v. Georgia, McCleskey v. Kemp, Herrera v. Collins, Atkins v. Virginia, Roper v. Simmons - Gary Gilmore, Attorney General Bowers, Justices Brennan and Marshall (Thurgood), Sister Prejean - Jury nullification, guided/unguided discretion, capital offense/case, 2-phase process, mitigating/aggravating factors, black monopoly, LWOP, mens ra, Habeas Corpus Act, criminal/civil law, degrees of murder, death-qualified juries - Cruel and unusual punishment: culpability (guilt/innocence), degree of murder, standards of decency, proportionality to crime - First states

(c) Amy Ho 2010