WGU C963 American politics and US Constitution

WGU C963 American politics and US Constitution Social Contract Ans- An agreement between people and government in which citizens consent to being governed so long as the government protects their natural rights. Natural Rights Ans- the idea that all humans are born with rights, which include the right to life, liberty, and property State of Nature Ans- A theory on how people might have lived before societies came into existence. is a condition in which all of us live individually and solitarily, prior to the existence of society. We are physically and mentally capable of achieving our own survival. Montesquieu () Ans- contribution in The Spirit of the Laws (1748) regards the structure of political institutions. He argues for a separation of powers: legislative, executive, and judicial. Each will serve as a check on the power of the other, limiting the harm each might do. separates power to offset the power of different social interests: ordinary people, the aristocracy, and the monarch. Thomas Hobbes (): Ans- One of the first individuals to contribute to the idea of the social contract was a pre-Enlightenment English philosopher. Hobbes argues that society is not something natural and immutable, but rather it is something created by us. We do this to resolve problems we collectively face, to make our lives better. State of Nature: it's "a war of all against all." Basically, the state of nature is a pretty nasty place where lives are perpetually insecure. John Locke () Ans- we are autonomous individuals, capable of using reason, and are driven to advance our personal interests. Our primary interest is survival, which we want to make secure and comfortable. To achieve this security and comfort, we acquire property. Two Treatises of Government, disagrees, saying the state of nature is a relatively decent place. All its inhabitants are rational people, mindful of the basic law of nature to not harm another, and people will get along okay. But our relationship in the state of nature is "inconvenient," implying an incentive for us to devise a better, more convenient arrangement. Jean-Jacques Rousseau () Ans- A French man who believed that humans are naturally good and free and can rely on their instincts. He also advocated a democracy because he believed the government should exist to protect common good. Like other Enlightenment thinkers, he was passionately committed to individual freedom, but he attacked rationalism and civilization as destroying, rather than liberating, the individual. He also called for a rigid division of gender roles, believing women should be subordinate in social life. His ideals greatly influenced the early romantic movement, which rebelled against the culture of the Enlightenment in the late eighteenth century. Rousseau was both one of the most influential voices of the Enlightenment and, in his rejection of rationalism and social discourse, a harbinger of reaction against Enlightenment ideas. Constitution is influenced by the Enlightenment Ans- (Separation of powers) embodies Montesquieu's principles by separating the legislative, executive, and judicial power, placing each into the hands of different political actors. Bill of Rights influenced by Enlightenment Ans- · The First Amendment gives us a definitive declaration for the protection of natural rights. Protections of individual conscience as well as protections for democratic participation (John Lock ideology). · The Second Amendment, which also embodies Lockean ideas, permits the possession of arms for the "security of a free State."14 In this Amendment, the right to rebellion is established. · Due process says all citizens are subject to fair and equitable treatment. · The Fourth - Eighth Amendments serve to both limit the power government has over us and lay out procedures which must be followed when dealing with us. · The Ninth Amendment makes it clear that the list of rights protected in the first eight Amendments is not exhaustive and that we, the people, can assert additional natural rights when we see fit (at least in theory.) · The Tenth Amendment makes clear that powers not specifically granted to the federal government are retained by the states and the people (these last two are Lockean ideals) Declaration of Independence influenced by Enlightenment Ans- Locke maintains that society is a rational but voluntary expression. Government, which serves to regulate the terms of the social contact on which society is created, serves to protect our natural rights and serve as a democratic conduit for our interests. Most important of our natural rights are liberty and property. National Government under the Articles of Confederation Ans- unicameral congress, or one chamber known as the Confederation Congress. no executive or judicial branch. Functions in order to make sure that the national government did not have too much power and that the power of the states remained protected. had the authority to exchange ambassadors and make treaties with foreign governments and Indian tribes, declare war, coin currency and borrow money, and settle disputes between states. Each state legislature appointed delegates to the Congress; these men could be recalled at any time. Regardless of its size or the number of delegates it chose to send, each state would have only one vote. Delegates could serve for no more than three consecutive years, lest a class of elite professional politicians develop. The nation would have no independent chief executive or judiciary. Nine votes were required before the central government could act, and the Articles of Confederation could be changed only by unanimous approval of all 13 states. Powers under the Articles of Confederation (national government): Ans- The Power to Borrow and Coin Money The Power to Declare War The Power to Make Treaties and Alliances with Other Nations The Power to Regulate Trade with the Native Americans The Power to Settle Disputes among Other States The Power to Borrow and Coin Money (National Government) Ans- The national government could make the currency of the United States, known as Continental currency. It could also borrow money from other nations to cover the country's debts that remained from fighting during the American Revolution. This power to borrow and coin money was limited, as the national government had to rely on the states for enough money to cover debts and back any loans taken from other countries. The Power to Declare War (National Government) Ans- The national government could declare war as it deemed appropriate with other nations. It could also appoint military officials. However, this power was limited. The national government could declare war, but there was no national military to draw soldiers from. The soldiers came from the individual states. The Power to Make Treaties and Alliances with Other Nations (National Government) Ans- The national government could enter into treaties or agreements with other nations as it deemed appropriate. Under this power, the national government could also appoint foreign ambassadors. The Power to Regulate Trade with the Native Americans (National Government): Ans- The national government was given power to negotiate and regulate trade with the Native Americans. Native Americans were not considered citizens of the United States and were treated as foreign nations by the both the national and state governments. The Power to Settle Disputes among Other States (National Government) Ans- the national government had the authority to settle any and all boundary disputes that arose between the states, which were bound to happen in this newly formed country. Problems with the Articles of Confederation (Power to Raise an Army or Navy): Ans- Although the central government could declare war and agree to peace, it had to depend upon the states to provide soldiers. If state governors chose not to honor the national government's request, the country would lack an adequate defense. The lack of a national army meant that the national government could not draft any soldiers into the military. Problems with the Articles of Confederation (Taxation) Ans- Articles of Confederation gave the national government no power to impose and collect taxes. To avoid any perception of "taxation without representation," the Articles of Confederation allowed only state governments to levy taxes. To pay for its expenses, the national government had to request money from the states, which were required to provide funds in proportion to the value of the land within their borders. The states, however, were often negligent in this duty, and the national government was underfunded as a result. The national government could not impose taxes on citizens. It could only request money from the states. Problems with the Articles of Confederation (Regulating Trade): Ans- The national government did not possess the power to regulate trade among the different states. This lack of authority not only affected the national government, but the states as well. The national economy suffered as foreign countries began to form trade agreements with individual states, agreements for which the national government could not regulate or tax. Problems with the articles of confederation National Government: Ans- · Each state had only one vote in Congress regardless of its size. · The national government could not impose taxes on citizens. It could only request money from the states. · The national government could not regulate foreign trade or interstate commerce. · The national government could not raise an army. It had to request the states to send men. · The Articles could not be changed without a unanimous vote to do so. · There was no national judicial system. New Jersey Plan (small state plan) Ans- A plan that called for a one-house national legislature; each state would receive one vote. Each state would have one vote. Thus, smaller states would have the same power in the national legislature as larger states. · Unicameral legislature (one chamber) · Representation: State based (each state equally represented) · Role of National Government: provides defense but does not override state authority Virginia Plan (large state plan) Ans- The number of a state's representatives in each chamber was to be based on the state's population. In each state, representatives in the lower chamber would be elected by popular vote. These representatives would then select their state's representatives in the upper chamber from among candidates proposed by the state's legislature. Once a representative's term in the legislature had ended, the representative could not be reelected until an unspecified amount of time had passed. · Legislature: bicameral (two separate chambers) · Representation: population based (higher the population = more representation) · Role of the National Government: can legislate for states and veto state law Compromises at the Constitutional Convention (representation) Ans- Congress would be a bicameral legislature and would consist of two chambers: The Senate and the House of Representatives. Each state, regardless of size, would have two senators, making for equal representation as in the New Jersey Plan. Representation in the House would be based on population. Senators were to be appointed by state legislatures, a variation on the Virginia Plan. Members of the House of Representatives would be popularly elected by the voters in each state. Elected members of the House would be limited to two years in office before having to seek reelection, and those appointed to the Senate by each state's political elite would serve a term of six years. Congress had the power to tax, maintain an army and a navy, and regulate trade and commerce. It could also coin and borrow money, grant patents and copyrights, declare war, and establish laws regulating naturalization and bankruptcy. Three-Fifths Compromise Ans- a compromise between Northern and Southern states that called for counting of all the states free population and 60% of its slave population for both federal taxation and representation in congress. slave-holding states could count all their free population, including free African Americans, plus 60% (three-fifths) of their enslaved population. To mollify the North, the compromise also allowed counting 60% of a state's slave population for federal taxation. Checks and Balances Ans- A system that allows one branch of government to limit the exercise of power by another branch; requires the different parts of government to work together. The ability of Congress to limit the president's veto. Should the president veto a bill passed by both houses of Congress, the bill is returned to Congress to be voted on again. If the bill passes both the House of Representatives and the Senate with a two-thirds vote in its favor, it becomes law even though the president has refused to sign it. The president must also seek the advice and consent of the Senate before appointing members of the Supreme Court and ambassadors, and the Senate must approve the ratification of all treaties signed by the president. Congress may even remove the president from office. Separation of Powers Ans- The sharing of powers among three separate branches of government. Each branch of government has its own function to perform, which prevents any one branch of government from becoming too powerful. This is why the legislative branch makes the laws, the executive branch enforces the laws, and the judicial branch reviews the laws. Through separation of powers, each branch has its own degree of independence. Federalists Ans- supported the new Constitution. They tended to be among the elite members of society—wealthy and well-educated landowners, businessmen, and former military commanders—who believed a strong government would be better for both national defense and economic growth. A national currency, which the federal government had the power to create, would ease business transactions. The ability of the federal government to regulate trade and place tariffs on imports would protect merchants from foreign competition. Furthermore, the power to collect taxes would allow the national government to fund internal improvements like roads, which would also help businessmen. Agreed to add a bill of rights to the constitution. Anti-Federalists Ans- Opponents of ratification. feared the power of the national government and believed state legislatures could better protect their freedoms. most distrusted the elite and believed a strong federal government would favor the rich over those of "the middling sort." fears that the strong central government for which the Federalists advocated would levy taxes on farmers and planters who lacked the hard currency needed to pay. Many also believed Congress would impose tariffs on foreign imports that would make American agricultural products less welcome in Europe and in European colonies in the Western Hemisphere. Argued, the diversity of religion tolerated by the Constitution would prevent the formation of a political community with shared values and interests. Federalist no. 10 Ans- The Federalists address the fear of factions. James Madison argued that there was no need to fear the power of factions because the diversity that existed in the country was so large that it would not allow for the development of large political interest groups. Madison argued that having a representative government would be the best way to control against the detrimental effects of factions. Federalist, no. 51 Ans- Addresses constitutional mechanisms of checks and balances and separation of powers. Madison provided his arguments for why increasing the powers of the national government would not lead to an automatic abuse of power due to separation of powers and checks and balances. The Legislative Branch Ans- Article I, Congress composed of the Senate and the House of Representatives, which served as the principal lawmaking body. Laws would originate in the Congress, but Congress would not have the power to carry out the laws for the country. It also would not be able to assume the right of convicting individuals of crimes. · right to deal with international trade and commerce between the states. The states were prohibited from interfering with international and interstate trade. · Only Congress would have the power to declare war on foreign countrie