1 - Bill of Rights

Question 1

What is culture?

Answer 1

A fairly narrow range of artistic and intellectual activity that create a canon of works which collectively represent the expression of a given society.

A deeper set of fundamental, and sometimes implicit rules, that determine what is acceptable behaviour in a given society.

Question 2

Political Culture

Answer 2

the political structure of any society is a primordial ingredient of its culture

This class will consider those elements which are firmly in place in the background and which influence the culture in profound ways

Politics may be the ultimate mirror of culture, simultaneously reflecting the culture’s past as it shapes the future.

Question 3

Link btw bill of rights & culture

Answer 3

The Bill of Rights as a foundation for the political culture of the United States

Question 4

The Bill of Rights as a foundation for the political culture of the United States

Answer 4

legal, social and cultural impact of the Bill of Rights on contemporary American society.

historical origins of the Bill of Rights, how the interpretation of these rights has evolved over the years, and how this evolution has influenced American culture over the course of its history.

Question 5

Contemporary American society was built on

Answer 5

Contemporary American society was built on a set of ideas which were set out the end of the 1700s in the founding documents.
The ideas which informed these documents originally came from the European enlightenment, but were applied to actual governance for the first time in the U.S.

Question 6

The “Founding” as a National Secular Religion

Answer 6

One of the defining characteristics of American culture is the lack of established traditions rooted in a long common history.

A relatively short history, and fewer common traditions than most European countries has resulted in a strong attachment to the founding (myth?) of the country.

Over the years, the founding documents have been confered a nearly religious status as they occupy a privileged place in American culture.

Question 7

Founding Documents & date

Answer 7

Declaration of Independence (1776)
US Constitution (1787-89)
Bill of Rights (1789-91)

Question 8

Three fundamental principles of American political culture reflected/established in the founding documents.

Answer 8

Independence and self-determination - All political power originates with the people. “Consent of the governed”

Federalism – to the extent that a government is necessary, small local government is preferable to big centralized government.

Civil Liberties – in exchange for the people giving the government in monopoly on the use of force, the people must be protected against excessive or abusive use of that force

Question 9

Independence and self-determination -

Answer 9

All political power originates with the people. “Consent of the governed”

Question 10

Federalism

Answer 10

– to the extent that a government is necessary, small local government is preferable to big centralized government.

Question 11

Civil Liberties

Answer 11

– in exchange for the people giving the government in monopoly on the use of force, the people must be protected against excessive or abusive use of that force.

Question 12

E Pluribus Unum

Answer 12

« un seul à partir de plusieurs »

Having won their independence by defeating the British army (with the help of the French), it was vital for the colonists to create a country capable of uniting all of the former colonies.

In addition to laying out the framework for a new form of government, the US Constitution (and the Bill of Rights) were also intended to encourage all 13 of the ex-colonies to join the Union.

There is an interesting paradox between the underlying principles of individual liberty and the need for unity in the conception and creation of this new country.

The attempt to resolve this paradox is a compromise known as Federalism, embodied by the US Constitution.

Question 13

Constitution of the United States of America

Answer 13

1787-1789

After the victory of the American colonists over the British Monarchy the 13 newly independent states realized that they needed to create a Constitution to hold them all together. The document they wrote:

→ Established a national federal government with three branches (Legislative, Executive and Judiciary )
→ Created a system of ”Checks and Balances” designed to prevent any one branch of the federal government from becoming too powerful.
→ Specifically defined and limited the power of federal government with respect to the states.

Question 14

Article V consitution

Answer 14

The political system created by the constitution has been remarkably stable. The electoral process put in place has functioned, on schedule, without interruption, for over 200 years, through one civil war and two world wars.

Part of the stability of this system comes from the fact that the process of modifying the constitution established in Article V, makes it difficult to propose and ratify amendments.

Article V
The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.

Question 15

Is America Conservative or Progressive ?

Answer 15

Compared to France, America appears to be a fairly conservative country.

But it is worth making a distinction between the American political system which was designed to be conservative, and the people who live in the country.

The federal structure tends to favor rural conservative states, giving them a disproportional influence in the US Senate and the Electoral College, and therefore disproportionate influence on Supreme Court nominations and Presidential elections.

Federalism also allows relatively small number of very conservative people to pass state laws which are enforced over a large geographic area.

Question 16

Anti-Federalism

Answer 16

During the drafting and ratification process, the proposed US Constitution was opposed by “anti-federalists” (Thomas Jefferson, James Monroe) who preferred the existing Articles of Confederation because it gave individual states more power (including the right of veto) in the federal government.

“Federalists” proponents of the new constitution (Alexander Hamilton, and James Madison) wrote a series of texts known as the Federalist Papers to try to convince as many people as possible of the benefits of a stronger federal government created by the US constitution.

=> This original and profound philosophical difference about the nature and relative strength of a central federal government has continued to animate and structure the political debate in this country ever since.

Question 17

anti-federalist sentiment is seen as an opposition between

Answer 17

If anti-federalist sentiment is seen as an opposition between those who wanted more power for the individual states and those who wanted a more powerful federal government, considering the situation today, we might conclude that the Anti-federalists lost this debate.

But the underlying principles of individual freedom and liberty, and the fact that at least theoretically all political power is derived from the people, are still key concepts in American federalism.

Many elections held for local positions in the US would be unimaginable in France, (sheriff, judges, attorney general, school board)

Question 18

Ratification of the Constitution how

Answer 18

On September 28, 1787, the Congress of the Confederation seated in the city of Philadelphia, adopted a draft of the Constitution, sending it to the states for debate and ratification.

Each of the original thirteen states in the United States was asked to ratify the new Constitution, which specifiedthat ratification by nine states would be sufficient for the Constitution to take effect.

Some states ratified quickly, others had to hold several conventions to officially accept the Constitution.

Question 19

Ratification of the Constitution how

Answer 19

On September 28, 1787, the Congress of the Confederation seated in the city of Philadelphia, adopted a draft of the Constitution, sending it to the states for debate and ratification.

Each of the original thirteen states in the United States was asked to ratify the new Constitution, which specifiedthat ratification by nine states would be sufficient for the Constitution to take effect.

Some states ratified quickly, others had to hold several conventions to officially accept the Constitution.

Question 20

Ratification of the Constitution date

Answer 20

December 7, 1787:Delawareratifies. Vote: 30 for, 0 against.

December 12, 1787:Pennsylvaniaratifies. Vote: 46 for, 23 against.

December 18, 1787:New Jerseyratifies. Vote: 38 for, 0 against.

January 2, 1788:Georgiaratifies. Vote: 26 for, 0 against.

January 9, 1788:Connecticutratifies. Vote: 128 for, 40 against.

February 6, 1788:Massachusettsratifies. Vote: 187 for, 168 against, but demands that the congress make amendments to the Constitution that will guarantee individual liberties and protect state’s rights.

March 24, 1788: Rhode Island popular referendum rejects. Vote: 237 for, 2708 against.

April 28, 1788:Marylandratifies. Vote: 63 for, 11 against.

May 23, 1788:South Carolinaratifies. Vote: 149 for, 73 against.

June 21, 1788:New Hampshireratifies. Vote: 57 for, 47 against.
Minimum requirement for ratification met.

June 25, 1788:Virginiaratifies. Vote: 89 for, 79 against.

July 26, 1788:New Yorkratifies. Vote: 30 for, 27 against.

August 2, 1788: North Carolina convention adjourns without ratifying by a vote of 185 in favor of adjournment, 84 opposed.

November 21, 1789:North Carolinaratifies. Vote: 194 for, 77 against.

May 29, 1790:Rhode Islandratifies. Vote: 34 for, 32 against.

Question 21

Bill of RightsHistorical Context

Answer 21

The US Bill of Rights, influenced by enlightenment philosophy, contains provisions already established in British common law as well as in certain State Constitutions

♦English Bill of Rights (1689)
♦Jean-Jacques Rousseau’s “Contrat social” (1762)
♦Virginia Declaration of Rights (1776)
♦ Massachusetts Bill of Rights (1780)

The Declaration of Independence, the US Constitution and the Bill of Rights were also a catalyst for the French Revolution, having an important influence on the drafting of the “Déclaration des droits de l’homme”.

Question 22

The Bill of Rights
what it is

Answer 22

The Bill of Rights are made up of the first 10 amendments to the US constitution, which upon ratification by nine of the thirteen states (3/4), would officially become part of the Constitution.

These amendments to the Constitution were proposed as a way of convincing anti-federalists in states like Massachusetts and Virginia that the new federal government created by the Constitution would be not be able to infringe on civil liberties established by the States.

Question 23

Review

Answer 23

Importance of the Foundation of the US to American Culture

The founding docs provide an outline of the fundamental principles of Am society

Specific historical context & Purpose of the Bill of Rights

Question 24

Bill of Rights (1789-1791) extract

Answer 24

1. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
2. A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
3. No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
4. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
5. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, …. nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
6. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
7. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.
8. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
9. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
10. The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

Question 25

The Role of the U.S. Supreme Court

Answer 25

The Supreme Court of the United States (SCOTUS) has the last word on federal constitutional law, as a result, many of the most important issues in American society are ultimately decided by nine Supreme Court Justices.

When there is a vacancy on the court, the president of the United States of America (POTUS) appoints a Supreme Court Justice who the Senate must also confirm.

Supreme Court Justices are appointed for life, as a result the president’s choice can affect American society for years after he has left office.

Some American voters are motivated primarily by the question of Supreme court nominations.

Question 26

The Supreme Court as a Political Institution

Answer 26

Bill of Rights issues that motivate voters include abortion, death penalty, gun rights, and states rights.

One possible explanation for the unexpected election of Donald Trump in 2016, was support from evangelical voters. Candidate Trump promised these (and other) conservative voters to nominate a conservative Supreme Court Justice to fill an open seat on the court.

According to exit polls conducted after the 2016 election, Supreme Court nominations were among the most import reasons given by voters for voting for an otherwise unqualified (and not very conservative) candidate.

In his four years in office Trump nominated 3 Supreme Court justices.