Freedoms II Midterm Flashcards

1
Q

What are the four themes present in the American founding and give examples for each?

A

1) Classical Republicanism - Civic Greatness becomes an aspiration. (Plutarch’s Lives of the Caesars becomes the second most read educational book next to the Bible/George Washington putting on a production of Cato at Valley Forge and identifying with Cato.)
2) Lockean Liberalism - Pulls concepts in like the state of nature and the social contract into the nation’s founding documents. (The language of natural rights and the state of nature is abundant in founding documents and dialogue.)
3) Protestant Christianity - Orthodoxy is starting to be questioned among the educated members of society. (Denying the Trinity and embracing Unitarianism and Antisupernaturalism and the Jefferson Bible is a great example of this phenomenon.) New England has a heavy Calvinist influence and founding of Plymouth colony is heavily affected by religion.
4) English Common Law - The American colonies first experiment in self-government during the period of salutary neglect occurs under the theory of English Common Law. When the colonies initially petition the King for their rights in the Petition of Right (Sir Edward Koch in 1628) and the Boston Declaration of Rights (in 1689), there is the belief that they have the rights of Englishmen and those rights are being violated.

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2
Q

Who are the three main British empiricists? Trace empiricism from its founding to its logical conclusion.

A

The three main British empiricists are Hobbes, Locke, and David Hume. (Hume is technically Scottish, so booo.) Empiricism begins and at its core is the notion that all knowledge is rooted in sense impression. (We can only know what we can observe for ourselves.) Hume comes to skepticism and the conclusion that books about theology and metaphysics should be burned because those subjects are not rooted in empirical data.

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3
Q

Describe the Whig view of history and trace its ideological progression and note its major advocates.

A

History is viewed as a triumphant march of freedom. Hegel’s philosophy of history is a main proponent of this view. (Freedom, in this context, is not used as simply a measure of consumer possibility. We are not more free just because we can choose between kindles.) It starts with on the emperor being free in ancient times, and in the Greek and roman times only some are free, and the Germans and Europeans finally realize all are free. The telos of the world is freedom. The term “Whig view of history” was coined by Butterfield and generally is optimistic about the trend of history towards pinnacle. Even Fukuyama agrees in “The End of History” where he argues that western liberalism no longer has an ideological opponent after the fall of the Soviet Union.

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4
Q

Describe the conditions present in the Feudal world.

A

1) Rooted in Land and Nobility - Peasants are tied to the land and the nobility cannot sell land or remove the peasants. (A mutual responsibility exists between the two.)
2) A landed church with spiritual power via the administration of the sacraments and the power of excommunication.

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5
Q

List the three factions fighting for sovereignty in the Feudal World. Describe how each attempts to gain power and the consequences.

A

1) The King - Attempts to increase the number of nobles to create loyal followers and dilute the current nobility. Wants to fight wars to increase power.
2) The Church - Attempts to beat the King under Henry II. Murder of Thomas a Beckett is important to note. Loses power via the movement of the church from one unified body under the pope to national churches (Protestant Reformation).
3) The Nobility - Win against the King through the Magna Carta. King has to go to them for knights and resources to fight wars.

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6
Q

Under what type of Kings do revolutions occur?

A

Weak Kings, not strong Kings.

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7
Q

What are the two seemingly paradoxical descriptions of power?

A

1) A social necessity - You can’t have society without it.

2) A Social Menace - It’ll burn you.

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8
Q

What are the three technologies discussed to centralized power? Define technology.

A

Technology - a device by which power is expanded.

1) War - In Medieval times and modern times.
2) Conscription into a national army
3) Direct Taxation.

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9
Q

What is the final question De Tocqueville proposes regarding equality?

A

Will we have either equality and freedom or equality and servitude. Either way, we will have equality.

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10
Q

Describe the change in the view of law during the Feudal period and the impacts that has.

A

The change from a higher law that constrains Kings to a law that is based on personal will expands power from Divine sovereignty to popular sovereignty. The ramifications are the people now make law and what the people say just becomes legal positivism. What can check the people then in democratic states?

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11
Q

How do the Founders attempt to solve the problem that arises when the view of law fundamentally changes? Give examples.

A

Create internal solutions that deal with the structure of government, not the entire cultural of society (like the French Revolution). Create a Separation of Powers that attempts to prevent power from expanding further.

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12
Q

What year was the Magna Carta signed?

A

1215 AD

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13
Q

Summarize the Magna Carta and why it mattered.

A

The Magna Carta does not assert anything new, only what already exists. (“Affirms What is Ancient”) It was a signal that King John lost his fight with the nobility after his attempt to expand power. The limits placed on the King’s power are no taxation without consent from someone (later parliament and evidenced in the revolution’s phrase no taxation without representation.)

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14
Q

Describe the condition of Europe and why the New World was alluring.

A

In Europe, there is no frontier. Land stays within the family and peasants are bound to the land. If you aren’t a firstborn you either study law, join the church, or join the military. The new world becomes an outlet for aristocratic sons with no other place to go and provides new means of wealth and advancement. Boomers are looking for the next big economic opportunity (Jamestown) and Stickers are looking to put down lasting roots like the Puritans. (Jamestown.)

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15
Q

When is the colony of Jamestown founded?

A

1607.

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16
Q

Briefly describe the founding of Jamestown and important dates and motives in its history.

A

The initial motivation for founding Jamestown of economic in nature. People wanted to find gold, silver, or a quicker trade route to India. It was reflected in how quickly the settlement was formed without attention to detail. (Like the absence of crops or the fact that it was in a malarial swamp or there were few women to create a self-sustaining population without continuous immigration.) This led to near starvation and a loss of basic trust in the colony. But Rolfe took over and introduced Tobacco from Trinidad and they make a permanent settlement. In 1614, Rolfe marries Pocahontas and in 1619 the first African slaves are brought to Jamestown.

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17
Q

Summarize the Virginia Articles, Laws, and Orders.

A

Closely resembling martial law. Many things, such as unreasonable prices, theft, lying, and sodomy are punishable by death. However, this imposition of strict law leads to order in the colony and de facto self-government springs from Salutary Neglect.

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18
Q

Who termed the phrase “Salutary Neglect”?

A

Edmund Burke.

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19
Q

When were the Virginia Articles, Laws, and Orders written?

A

(1610-1611)

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20
Q

Describe the natural aristocracy in America and what It arises from.

A

The original ideal character in medieval times was the knight. An educated warrior, so to speak. However, the new ideal character was the gentleman. The gentleman was a class tied to the land and educated liberally. These men were capable of broad thought. Religion had an influence on the gentleman to give him temperance and see himself as a part of tradition.

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21
Q

When is the Plymouth colony founded?

A

September 16, 1620.

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22
Q

Summarize the Mayflower compact.

A

The self-understand as the Israelites entering the promised land so the compact is filled with providential language and covenant terms. They want to form a civil body politic that isn’t Utopian, but the best they can do. Specifically, just and equal laws with everyone equal under the law. Encompassed Puritan theology that had a low view of human goodness. This was a covenant, not a constitution.

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23
Q

Summarize the Fundamental Orders of Connecticut.

A

Its the first constitution in America and it has the goal of peace and unity through an orderly and decent government. There’s no distinction between church and state and no reference to rights. It’s governed via a representative assembly.

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24
Q

What year were the Fundamental Orders of Connecticut Published?

A

1639.

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25
Q

Summarize the Massachusetts Body of Liberties.

A

It is the first bill of rights in the new world. Argues that rights are inherited to them as Englishmen and that those rights (life, equal law, property, no double jeopardy, no cruel and unusual punishment, No whipping a gentleman) are qualified and not absolute. Has a reference to religion and reason working in tandem..

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26
Q

Describe the English context of the colonies in the early 1600s.

A

Colonies thought of themselves as English but 8 years after Plymouth, Charles I demands taxes and circumvents the parliamentary process to do so and forces the quartering of troops.

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27
Q

When was the Petition of Right published?

A

1628.

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28
Q

Summarize the Petition of Right.

A

Looks to ancient rights in tradition such as those in the Magna carta and further back, These actions violate the reason and franchise of the land.

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29
Q

What impact does the Petition of Right and Charles I response to that petition have on the near future in England?

A

Charles I concedes to the petition of right and is later executed in 1649. Monarchy is resurrected in 1660 with Charles II. In 1685, James II, a catholic who is a weaker King who again attempts to circumvent parliament.

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30
Q

How do the colonies respond to the attempts of James II to increase his power?

A

Draft the Boston Declaration of Grievances

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31
Q

When was the Boston declaration of grievances published?

A

1689.

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32
Q

Summarize the Boston Declaration of Grievances.

A

Colonists are loyal to the King. The rights of Englishmen follow the colonists to the colonies. Government is violating the Magna Carta. James abdicates and William and Mary agrees to a Bill of Rights.

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33
Q

When is the English Bill of Rights written?

A

1689.

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34
Q

Summarize the English Bill of Rights.

A

Starts with a Preamble to establish the legitimacy of the document. Then lists a train of abuses and then makes a declaration. (Similar in Structure to the DOI) The abuses include a standing army and the infringement of free speech. .

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35
Q

What else is published in 1689 of note?

A

Locke’s second treatise on government.

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36
Q

Briefly summarize Locke’s second treatise.

A

There is a right to revolution and the right of the people. The state of nature needs to be left and society is highly individualistic. Locke heavily emphasizes property.

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37
Q

When do Locke’s ideas reach the colonies?

A

Around 1760s.

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38
Q

When is the Stamp Act Passed?

A

1765.

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39
Q

Summarize the Stamp Act.

A

There is a tax instituted because of Britain’s defense of the colonies. The tax was on printed items and had to be paid in British coinage.

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40
Q

When did the Resolutions of the Virginia House of Burgesses pass?

A

1765.

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41
Q

Summarize the Resolutions of the Virginia House of Burgesses.

A

The House insists on having the rights of Englishmen and being English while living in the colonies. They’ve governed themselves for 150 Years and now Britain wants to assert themselves. Colonists believe they cannot be represented in parliament. (Technological limitations have political ramifications.)

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42
Q

When was the Declaration of the Stamp Acts Congress written?

A

1765

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43
Q

Summarize the Declaration of the Stamp Acts Congress.

A

The rights of the colonists are viewed as inherited because of their English citizenship. The colonies cannot be represented by parliament but want a strong relationship with England.

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44
Q

When is the Stamp Act repealed?

A

March 1766.

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45
Q

What was the Act that accompanied the Stamp Act?

A

The Declaratory Act in 1766.

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46
Q

Summarize the Declaratory Act.

A

The colonies are subordinate to the crown and parliament. This is to send a message so other colonies won’t rebel.

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47
Q

When were the Townsend Acts passed?

A

1767.

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48
Q

Summarize the Townsend Acts.

A

An assertion of authority over the colonies. Were repealed the same day as the Boston Massacre in 1770.

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49
Q

When was A Discourse at the Dedication of the Tree of Liberty written and by whom?

A

1768 by Silas Downer (a Lawyer By Profession)

50
Q

Summarize A Discourse at the Dedication of the Tree of Liberty.

A

Contains many references to Scripture and Politics. Argues that the people of the colonies owe allegiance to the King and not to Parliament. Most notable reference to scripture is Naboth’s Vineyard (Micah 4:4) American is viewed as a new Eden. Government is built to protect natural liberty (this is new language and suggest rights.) Consent of the governed is key and a natural right. Colonists can’t be represented in parliament. If they can’t be represented but can be taxed, then they are basically slaves.

51
Q

When were the Letters From a Farmer in Pennsylvania (Letters V and IX) written and who was the author?

A

1767-1768 and by John Dickinson.

52
Q

Summarize the Letters From a Farmer in Pennsylvania.

A

Makes a distinction between colonies founded by war and conquest and America which was founded by commerce. He links the notions of trade and freedom together. Property cannot be separated from liberty. The rule of law, therefore, must protect property and the passage of property to inheritance.

53
Q

What is the Common Sense Scottish Philosophy that influenced major thinkers in the American founding? Trace it’s roots and note it’s influences.

A

This philosophy comes out of the Scottish Enlightenment and is endorsed by Francis Hutchinson (Taught Hume and Adam Smith and died in 1746.) Also endorsed by Thomas Reid who dies in 1796. Gets to America via John Witherspoon. Madison and Wilson are students of Witherspoon and are thus exposed to this philosophy. This philosophy is similar to Hume’s without skepticism. (External senses and internal senses shared and implanted by God.)

54
Q

What happened of significant importance of April 19, 1775?

A

The midnight ride of Paul Revere.

55
Q

Describe the three basic principles on which the Founding Fathers agreed.

A

1) A Just Form of Government should be Republican - There is some debate on what that means but the core premise is that authority is rooted in the people.
2) Power Needs to Be Checked Somehow - The Spirit of the Laws by Montesquieu is the most quoted author by the founders and this is a core premise in his work.
3) The World is Morally Structured - Those morals are knowable and people are obligated to those morals.

56
Q

Describe Thomas Paine and how he is perceived in history.

A

Paine came to America in 1774 enthusiastic about the American revolution. He despises Monarchy and is almost Jacobian in that sense. He was more revolutionary than most. (In the sense of changing the basis of culture and morality.) Later he went to France to aid the revolution there and was imprisoned and almost executed. He died in 1809 and only six people attended his funeral. “He lived long, did some good, and much harm.” He was perceived as being hostile to Christianity and wrote a response to Burke’s Reflections on the Revolution in France titled The Rights of Man and dedicates it to GW. He claims the notions of Universal rights and traffics in social contract thought into the U.S. Revolution.

57
Q

Who wrote Common Sense and when?

A

Thomas Paine in 1776.

58
Q

What other major work was published this year?

A

The Wealth of Nations by Adam Smith.

59
Q

What are the Two Main Parts of Common Sense?

A

1) Part 1: Deals Primarily With Political Theory in the Abstract.
2) Part 2: Specific Context of the American Situation and What Must Be Done.

60
Q

Summarize the Political Theory and Philosophy portion of Common Sense.

A

The primary purpose of the government is coercive: to restrain the vices of mankind. (Described as a “Necessary Evil” insofar as if conscience was always obeyed there would be no need for government.) Government would formally naturally in a perfect society and it would be fully democratic. Paine argues that the right structure of a government would fix all problems of abusing power. (In other words, it’s an institutional not a personal problem.) There must be frequent elections when representatives are used. The goal of government is securing freedom and security. Makes a distinction between Natural Rights (Things That Are Right By Nature) and Rights (Which are Possessed.) Believes the Simpler Government is The Less Likely it is to be disordered. He believed that the English system was complex with the law of the monarchy and law of the aristocracy. No power that needs checking can be from God. Paine’s belief in popular government makes him an outlier in his time.

61
Q

Summarize the Second Part of Common Sense.

A

America is an experiment in whether a government can be formed without force. Reconciliation is not a viable option, in Paine’s eyes Britain in motivated by economic gain alone and literal shots have been fired. Moreover, not all of the population are even English so this isn’t a paternal relationship. If it’s all about commerce, America can still trade after independence and the distance between us shows that each should be independent. Reconciliation is impossible. Paine thinks that American’s strength is continental and not provincial. Freedom of religion and the right to property are key. God is the King in America but the Law is also king and the crown divided among the people. America has a natural right to its own government. Then he rallies to arms.

62
Q

When was the Declaration of the First Continental Congress written?

A

1774.

63
Q

Summarize the Declaration of the First Continental Congress.

A

The states feel wronged and list out the names of each state (which means they still hold to their identities as states.) It argues that the states have rights from nature, English constitution, and charters. Believe that they have no ability to consent and their rights of life, liberty, and property (locke) are not protected. The colonies cannot be represented in parliament and therefore, the acts should be repealed.

64
Q

When was the Virginia Bill of Rights written and by whom?

A

June 12, 1776 by George Mason. (Just weeks before the Declaration of Independence).

65
Q

Summarize the Virginia Bill of Rights.

A

Man are by nature free and equal (straight from Locke) and property is the prerequisite for happiness. The Goal of government is the good of the people and it can be disbanded and reformed in need be. (Can’t be in the hands of one man.) Elections must be free to those with a vested interested in the community. Includes rights that make it into the American Bill of Rights like: A militia, Trail By Jury, No excessive bail, and no cruel and unusual punishment. Virtue in this document means sexual morality. Must have freedom of religion not religion by force.

66
Q

When was the Declaration of Independence written?

A

July 4, 1776.

67
Q

Summarize the Declaration of Independence.

A

Contains four references to God in a general sense (not a philosophical treatise, it’s used to generate agreement.) Unanimous consent that all men are created equal: All men equal before the law and God and it’s self evident (Kirk explanation). Clause about slavery was taken out. Life, Liberty, and the Pursuit of Happiness is key. The last is up to debate as to whether it is the equivalent of property or Christian flourishing. The colonies will break away only after a long train of abuses (Lockean language). The abuse is taxation without consent or representation.

68
Q

What are the two main views regarding the status of the Declaration of Independence?

A

1) It is a Practical Document

2) It is a Propositional Document.

69
Q

Summarize the Practical view of the Declaration of Independence.

A

It’s purpose it to declare separation and it avoids abstract theological claims to avoid contention and uses abstract rights language to court the French.

70
Q

Summarize the Propositional View of the Declaration of Independence.

A

It’s purpose is to set out a goal of equality for the nation. Lincoln takes this view and calls the founding of the nation 1776 under the proposition all men are created equal. DoI is the gold and Constitution is the setting of silver. Door that is open to the notion bringing mechanism to bear more fully to realize equality.

71
Q

Summarize the Nomocratic View of the Declaration of Independence.

A

The emphasis is on law and having a virtuous people to regulate. Constitution is primary and the Declaration is Secondary. Structures and Processes will keep the country afloat.

72
Q

Summarize the Telocratic View of the Declaration of Independence.

A

The Declaration is the primary idea that must be realized through the Constitution. The idea guides the country.

73
Q

Who wrote Thoughts on Government and when?

A

John Adams in 1776.

74
Q

Summarize John Adams: Thoughts on Government.

A

The most noble pursuit is looking for the best kind of government. (This is a highly classical train of thought.) Some forms of government are better than others. The end of government is happiness (Aristotle:not pleasure but something that persists through various circumstances. Mill: Pleasure. Adams: Ease Comfort and Security) All happiness exists in virtue (highly Aristotelian but the meaning of Virtue has changed. From piety to frugality, thrift, and loyalty to state) Defines republicanism as a government of laws and not a government of men. There must be annual elections to create humility, patience, and moderation. There should be laws that require the liberal education of youth to educate a free people for self government. There should also be sumptuary laws that prohibit the display of excess. (Comes directly from Montesquieu and echoes the Roman ideal warrior-citizen class) Adams hints that there is something more important than freedom while Montesquieu argues too much inequality results in a loss of freedom. Jefferson and Madison both agree and want a thriving middle class that shapes laws and mores (Aristotelian). Jefferson argues farmers are the most virtuous because property fosters virtues and that fosters freedom and independence. Marx realized voting without property collapses democracy.

75
Q

When were the Articles of Confederation published?

A

1778.

76
Q

Summarize the Articles of Confederation.

A

Each state retains its sovereignty to retain a firm league of friendship for self-defense. There is no effective central government or ability to raise taxes or ability to enforce its laws.

77
Q

Who is considered the father of the Constitution and why?

A

James Madison because he is the one who took copious notes of the proceedings. (huh, does that make Chris the father of Freedoms?)

78
Q

When was the Constitution written/passed?

A

1787.

79
Q

Summarize the Constitution in its context and in its larger importance.

A

The Constitution moves more towards centralized power than the Articles of Confederation government. It borrows from the Constitutions of the various colonies and incredibly practical. All about “federalism”: the separation of power between national and state governments and shared sovereignty between the two. The Constitution is the result of many compromises. Important Parts:

1) Article I, Section 7: Bills for raising revenue start in the House (Not Taxation without consent.)
2) Article I, Section 8: The Commerce and Necessary and Proper Clause Bother the Anti-Federalists.
3) Article IV: New States Must Be Republican
4) Article V: Amendment Process (Shows the document is intended to be utopian and doesn’t claim to have all the answers.)
5) The whole process is generally slow to avoid the influence of passions.
6) Article VI - No Religious Tests and Federal Law is Supreme
7) Article VII - The Process of Ratification

80
Q

When were the Bill of Rights added to the Constitution?

A

1791.

81
Q

Summarize each amendment in the Bill of Rights.

A

1) 1st Amendment - Freedom of Speech, Religion, Press
2) 2nd Amendment - Right to Bear Arms and Militia
3) 3rd Amendment - No Quartering of Soldiers in Any Home in peace or war except in a manner prescribed by law.
4) 4th Amendment - Free From Unreasonable searches and seizures. Warrants only allow for searches and must describe the things to be searched.
5) 5th Amendment - Right to a grand jury. Right to not incriminate oneself. Right to Avoid Double Jeopardy. Right to not have property taken without just compensation.
6) 6th Amendment - Right to an attorney and a speedy and public trial by a jury of peers impartially selected.
7) 7th Amendment - Right to a trial by jury in civil cases where the amount is over $20. (Ha, everything XD)
8) 8th Amendment - No excessive bail or fines. No cruel and unusual punishments.
9) 9th Amendment - Other rights espoused in the Constitution are still proper and should be protected.
10) 10th Amendment - Powers not delegated to the national government go to the states or to the people.

82
Q

Who wrote the letter to the Danbury Baptist Association and when was it written?

A

Thomas Jefferson in 1802.

83
Q

Summarize the Letter to the Danbury Baptist Association.

A

There is a wall of separation between church and state.. Rousseau would disagree and argue the church and state are not separate institutions in the ideal government but should be the same. Civil Religion.

84
Q

Compare and Contrast a written and unwritten constitution. Which one prevails when the two are in conflict?

A

The unwritten constitution is what binds society together and consists of the habits of the hearts and minds and mores of a people. The unwritten constitution is often carried along through unconscious cultural practices. A written constitution articulates part of the written constitution and is formed by the unwritten constitution. If the two are ever in conflict, the unwritten constitution will be what prevails. Therefore, study the unwritten constitution before the written constitution. The only stable government exists when the unwritten and written constitution are in harmony with each other.

85
Q

Trace the Roots of American Exceptionalism.

A

Starts in 1630 when Winthrop uses the city on a hill analogy from Matthew 5:14.
Then it’s used in the 20th Century by JFK address to the Massachusetts legislature but adapted to a secular society.
Then Reagan refers to America as a shining city on a hill in his farewell address.

86
Q

Define the positions of the Federalists and the Anti-Federalists.

A

Federalists - Want Ratification of the Constitution
Anti-Federalists - Want Federalism But Believe the Constitution and the government it seeks to form is too national (“federal”)

87
Q

Define the federal system.

A

The relationship between the federal and state governments.

88
Q

How many Federalist papers were published? Who were the authors? What pseudonym do they all use?

A

85
Hamilton, Madison, Jay
Publius

89
Q

Which Federalist Papers did Hamilton write?

A

1, 9, 78, 84, 85

90
Q

Which Federalist Papers did Madison write?

A

10, 39, 47, 48, 49, 50, 51

91
Q

Summarize Federalist Paper #1.

A

The Articles of Confederation are insufficient for government and this is the time we find out if government by the people is in fact possible. Wise and good men can disagree on issues and these can be resolved via discussion and reason. Hamilton assumes a tension between passion and reason. (That’s why the Constitution contains a lot of slow processes: to temper passion.) Both sides agree the end is liberty. The government by the Constitution is the least energetic government possible to achieve those ends. The size of the Republic is an issue. Montesquieu argues that the republic must be small but America has 3 million citizens and a large area of mass. These two things must be remedied.

92
Q

Summarize Federalist Paper #9.

A

The extremes of anarchy and tyranny must be avoided in the new government. These problems could be avoided by enlarging the republic. Montesquieu even agrees that a large republic is possible if the small republics are federated. This constitution does that by making states constituent parts. Especially since the Senate is selected by State Legislatures (At least until the 17th Amendment.)

93
Q

Summarize Federalist #10.

A

Faction is the disease of a republic. (Faction - a number of citizens that are caused by passions that are deleterious to the rights of some or the common good.) There are two ways to address factions: causes and effects. Address causes by either eliminating all liberty or making everyone the same with the same interests and passions. Both these things destroy liberty however. Therefore we have to deal with the effects. Prevent minority factions via the republican principle of majority vote. Prevent majority factions via extending the republic and diluting majority factions into minority factions and number prevents organization or realization that they are the majority.

94
Q

What is the potential problem with Madison’s Plan in Federalist #10?

A

The Intensity of Advocacy by a small group of people can override a disinterested majority of people. Madison assumes all people are at the same level of intensity on all issues and that actually is not the case.

95
Q

Summarize Federalist #39.

A

Asks if the new government in the Constitution is a Republic and Federal. Republic: Derives its Power from the people and office holding in the constitution is not hereditary but by election. Therefore it is a republic. Federal: Five Considerations
1) Foundation/Ratification: Article VII says ratified by the States (Federal in this regard.)
2) Sources of Power: HoR - People Senate: States (Mixed)
3) Operation of Power: Federal Laws Apply to the People (National)
4) Extent of Power - States Retain Sovereignty via the 10th Amendment. (Federal)
5) Changes to the Constitution - Article V allows people and states to change. (Mixed)
Madison concludes that it is a federal system.

96
Q

Summarize Federalist #47.

A

Separation of Powers is Universally Agreed upon and the goal of the system. Madison is concerned with the concentration of power, for him there is such a thing as an elected tyrant. (See Rousseau who wants no checks on the people and Paine who thinks no power from God needs to be checked.) Madison thinks there are no perfect institutions but imperfect institutions can check each other via ambition countering ambition (Federalist 51). Even Montesquieu notes that the British Constitution is the gold standard and even there the branches are not completely separate.

97
Q

Summarize Federalist #48.

A

Power is of an encroaching nature. How can separation of powers be maintained when all power wants to do is expand? Not via the Constitution or paper limits. Those don’t work. We need institutional mechanisms that prevent it from occurring. Legislative, according to Madison is the most dangerous part of power in the three branches.

98
Q

Summarize Federalist #49.

A

Addresses Jefferson’s idea of having frequent constitutional conventions for reforms. Madison disagrees because a 2/3rd vote won’t be effective if the two are abusing the one. It’ll also undermine the law and the respect the people have for the law and arouse the public passions. Legislators would most likely be elected by the states and therefore be judges at their own trial. Power will never be stopped under Jefferson’s proposal.

99
Q

What is the Proposal Madison Responds to in Federalist #50?

A

Periodical Appeals where there are a set number of years between conventions. However, this creates problems regardless of the timeframe. Too short: undermines the law. Too long: not an effective check.

100
Q

Summarize Federalist #51.

A

The way to stop encroachment is by giving each the means and motives to check each other. Have Ambition Counter Ambition. Government is the greatest of all reflections of human nature. If men were angels they would not need a government. Legislature must be divided into two houses since its powers are the most ill-defined and closest to the people. Jefferson worries the executive will gain power over time. America has the benefit of a compound republic. Division between the national government and division between the state legislatures.

101
Q

Summarize Federalist #78.

A

Recap of Madison in 51. The power between the three branches is treated almost like a zero-sum game. According to Hamilton, the Judicial Branch is the weakest branch because it has neither force nor will.

102
Q

Summarize Federalist #84.

A

Addresses the absence of a bill of rights from the constitution. Three arguments to show why one is not needed.

1) Some States Don’t Have a Bill of Rights in Their Constitutions and No One Claims They Don’t Work ( EX: NY
2) The Constitution is a Bill of Rights - There are Rights Already Contained Therein (Such as Forbidding Titles of Nobility)
3) Bills of Rights are Not Suited to a Free People - Naturally Stipulations between a King and his subjects (Magna Carta et. al.)
4) Bills of Rights are Dangerous - Various Exceptions to Powers not granted. Why do we need to protect against things that cannot be done?

103
Q

Summarize Federalist #85.

A

There are no perfect documents. Put the Constitution has an amendment process for exactly that reason. A nation without a national government is chaos. We are in a crisis and need a government. If you send it back, you have no idea what you’re going to get.

104
Q

Who wrote Leading Principles of the Constitution and When?

A

Noah Webster in 1787.

105
Q

Summarize Leading Principles of the Constitution.

A

Power is based in property. Property is the most important thing, no contest. Equality of property is the soul of the republic. (tolerable not exact equality.) Property ownership cultivates virtue and certain values. Also important are elections and Practical Wisdom gained via education of rights and principles sensitive to the encroachment of power.

106
Q

What are the three publications that are Anti-Federalist?

A

1) Centinel Letter I
2) Brutus Essay #1
3) Federal Farmer Letter 3

107
Q

What are the primary concerns of the Anti-Federalists?

A

1) No Bill of Rights
2) Necessary and Proper Clause
3) General Welfare Clause
4) Aristocratic Senate
5) No Crisis

108
Q

When was Centinel Letter I written?

A

1787.

109
Q

Summarize Centinel Letter I.

A

No government has ever had effective checks and balances. Only check on power is the people, through shortly held and immediate representation. Republican government requires virtuous people and property. Worried about the despotic aristocracy in the Senate. Thinks the Republic is too big. Power is too concentrated into a Congress and America is turning into an Empire. There’s no Bill of Rights and no Crisis forcing us to do something right now.

110
Q

When was Brutus Essay #1 written?

A

1787

111
Q

Summarize Brutus Essay #1.

A

People are the foundation of power. Grants of power cannot be taken back and the Necessary and Proper clause is too broad a grant of power. The Constitutional government is unitary in so far as states loose too much sovereignty to the national government. The main concern is the future of the states and that the national government will weaken and take power from the states over time. Moreover, large democratic government don’t work. You would have too many representatives or inadequate representation.

112
Q

When was Federal Farmer Letter III written?

A

1787.

113
Q

Summarize Federal Farmer Letter III.

A

Wants to Ratify the Constitution with certain changes. The main concern is with the power possessed by the new government. 1 representative for every 50,000 people is inadequate in his view. the people have to be the primary check against the government. The General Welfare clause is too broad and fear the senate the will game the system and become an aristocracy. Also there’s no bill of rights.

114
Q

When did Washington deliver his farewell address?

A

September 19, 1796.

115
Q

Summarize Washington’s Farewell Address.

A

Washington chooses to voluntarily step down after two terms and displays a sense of Roman virtue. Washington thinks the country is stable enough but wants to give a few words of advice.

1) Don’t be Eager to Reform the Constitution: You’ll Take Away It’s Energy.
2) Warning Against the Spirit of Party. Factions and Revenge will only lead to a tyrant.
3) Habits of Thinking Require Caution. Power consolidates and abuse of power is in human nature, therefore we need checks on it.
4) Religion and Morality are Indispensable for political order.
5) Education in the classics and morality is key.
6) Don’t Burden Future Generations with Debt.
7) Avoid Entangling Alliances: Or Enemies/Hatreds.

116
Q

Who wrote the first draft of the Farewell Address?

A

Alexander Hamilton.

117
Q

When did Lincoln-Douglas Debate #5 take place?

A

1858.

118
Q

Summarize Lincoln Douglas Debate #5.

A

Informs our discussion on the Declaration of Independence as either Propositional or Practical. Douglas argues for a return to popular sovereignty and that people should decide the issue of slavery for themselves at the state level. The DoI can’t be authoritative cause Jefferson owned slaves. Lincoln responds that Jefferson trembled because of it and that there is a difference between moral and social equality. Lincoln says that slavery is immoral and no state has a right to do wrong. If we hold to a principle regardless of moral context, we will be out of line and it will be a tyranny of the majority. Lincoln argues that Dredd Scott was decided poorly and appeals to a higher and fixed law.

119
Q

Give a comprehensive European timeline.

A

1215: Magna Carta Signed.
1492: New World Discovered
1588: Defeat of the Spanish Armada and birth of Hobbes
1620: Mayflower Compact
1649: Charles I Beheaded
1649-1660: Cromwell rules England.
1651: Leviathan is Published
1660: Monarchy is restored under Charles II.
1685-1688: James II rules with controversy over his Catholicism.
1688: Glorious Revolution
1689: William and Mary of Orange take over and Locke writes his Second Treatise.
1750: Montesquieu’s Spirit of the Laws.
1790: Burke Publishes his Commentary on the French Revolution.
1815: Napoleon Falls at Waterloo.

120
Q

Give a Comprehensive American Timeline.

A

1607: 108 men arrive at Jamestown
1608: First Women Arrive in America
1609-1610: The Winter of Terror and Starving Time.
Spring 1610: Reinforcements Arrive.
1612: Rolfe introduces Tobacco to America
1619: First African Slaves Arrive
1620: Plymouth Settled.
1765: England Imposes the Stamp Act
March 1770: Boston Massacre
1776: Paine’s Common Sense and the Declaration of Independence.
1777: Saratoga
1778: Formal Alliance with France
1787: Constitutional Convention
1789: Ratification of Constiution