Chapter 2 Flashcards
To understand the Constitution, its structure, and Federalist/Anti-Federalist debate around it (26 cards)
What does the problem of liberty have to do with American colonial/revolutionary history?
American colonial/revolutionary history is based on the struggle to maintain their political and economic liberties. However, those liberties had to be balanced with the need for order, justice and a functioning government.
Fill in the blank: When constitutions can’t be enforced, they can’t protect people’s _____.
“liberty”
What’s on the colonial mind in the 1770s? Why do we have to study it in order to understand the Constitution?
The colonial mind was tired of accepting English ways and laws, which didn’t do enough to maintain people’s liberty. These liberties were guaranteed by virtue of being human and couldn’t be removed.
We study this because it is the backdrop of the tension between liberty and the eventual need for order.
Did Americans in general financially benefit from leaving England? Why or why not?
They didn’t. Taxes went up after the war, trade was cut off by conflict, and debts amounted that need to be addressed after the fact.
What was the Declaration of Independence compared to?
A lawyer’s brief (due to the list of 27 Grievances with the king)
What was the radical change (revolution) within American minds? What can we say about it?
The change was a new vision of what would make authorities legitimate and personal liberties secure—-legitimate government was one based on popular consent, and liberty was a force that all authorities respected.
What are some advantages of the Articles? What are some disadvantages?
Congress could set up armed forces, declare war and peace, and enter into treaties/alliances. It could coin currency.
However…
Congress couldn’t regulate commerce, enforce its laws on the states, drum up revenue for the army, or do anything without the consent of 9 out of 13 states.
What was the Constitutional Convention? What inspirations did it have?
A meeting between delegates from each state to revise (and eventually replace) the Articles of Confederation, meeting in Philadelphia, in May 1787.
State constitutions, historical examples (ancient Greece, Roman republic, some special European states), work of Hobbes and Locke
How did Shay’s Rebellion put pressure on people to at least consider a new Constitution?
The threat of state affairs devolving into internal chaos was a great motivator!
What’s important about the framers in relation to the Constitution?
They decided to keep this Constitution a secret (going to measures such as having Ben Franklin, a delegate, accompanied at all times to make sure wine or parties didn’t loosen his tongue).
They drew inspo from Enlightenment philosophers, but their main goal was to protect from the scourges of pure democracy while also maintaining personal liberty.
Where did the literature inspiring much of the Founders’ defense of liberty as a natural right come from?
John Locke, who believed that people enter a social contract to have their liberties protected by a limited government.
So what is the question we must answer to solve the problem of liberty (hint: see page 28, first paragraph)?
How to create a government strong enough to preserve order but limited enough to keep liberties intact
“In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first ______ the ________ to ______ the _______, and in the next place _______ it to _____ itself.” James Madison, Federalist No. 51
“enable, government, control, governed, oblige, control”
What was the Virginia plan? What was the New Jersey plan? What was the Compromise between them?
Virginia plan set up a judicial, executive, and bicameral legislative branch with a population-based House and an appointed Senate.
New Jersey plan set up a unicameral legislature branch, with representation based on statehood.
Compromise: nominated/appointed judicial, executive, and bicameral legislative, with a population-based House and statehood-based Senate
What type of government did the Framers intend?
A government strong enough to keep house but weak enough to not infringe on liberty; a republic with elected officials who could filter public sentiment and make change at a reasonable pace.
What are the key principles of American democracy?
Separation of powers and federalism
Human nature is ____ _______ to make it possible to have a _______ government based on popular consent, but ____ ___ _______ to make it _____. That’s why Madison suggested that “_____ must be made to _______ _________” in government—in other words, separation of and checks on power. This is the basis of both federalism and separation of power.
“good enough, possible, decent, not good enough, inevitable, ambition, counteract ambition”
How was the Constitution ratified?
Special ratifying conventions were called in each of the states, going against the Articles.
What is the Anti-Federalist view, as described in the book? Even if they didn’t get their way, what’s one major proposal they had for the Constitution?
Small republics could best uphold liberty. The biggest proposal they had for the Constitution, when things were all said and done, was a guarantee of people’s rights.
In Madison’s view: liberty is safest in ____ republics than in ____ ones. Also…what is a coalition?
“large, small”
An alliance of group, which when in great number keeps the ills of faction away
Liberty is _______ as much by public _____ and popularly based _____ as by strong __________.
“threatened, passion, faction, government”
Why did the Federalists win?
Simple: the country was facing a lot of economic and geopolitical threats that needed a strong government to address them. Also, the Anti-Federalists had no alternative to the Constitution, which is a fatal flaw in politics.
What did the Framers decide to do about slavery?
…nudge it to future generations to sort out by having 60% of slaves counted alongside slave state populations.
Summarize the chapter.
After the Revolutionary War, the leaders of the country must now balance their hard-won liberty with the need for order and a proper government. Since their first effort (the Articles) failed, they must now make a new Constitution helping thread the balance, and sort out contentious issues such as separation of powers, state representation in Congress, and slavery. Despite conflicting views about each issue, they eventually craft a document that is the skeleton of our country’s government.
