The Constitution test will take place on Monday, November 3rd. It is largely a writing test. You will have 75 minutes to complete the test unless you negotiate with me in advance. For example, you may choose to take the long essay portion Monday before school if you write slowly. I will be available from 7:30 to 8:15 to proctor.

American Studies

Unit Test One, Part B Study Guide

Test Monday, Nov. 3rd

Vocab

habeas corpus the legal procedure that keeps the government from holding you indefinitely without showing cause
necessary and proper clause Under Article I, Section 8 of the Constitution, Congress has the power “to make all Laws which shall be necessary and proper for carrying into Execution th
bicameral two branches or chambers.
federal having or relating to a system of government in which several states form a unity but remain independent in internal affairs.

republic a state in which supreme power is held by the people and their elected representatives, and which has an elected or nominated president rather than a monarch.
pure democracy
sectionalism

Ending the Revolution

Yorktown Washington’s plan took troops south, Degrasses naval battle battled French and lost no reinforcements came, siege of Yorktown british surrounded by French at sea and Washington on land, Cornwallis surrenders

Treaty of Paris john adams ben franklin did it official peace treaty between US and Britain ended revolutionary war September 3, 1783 ratified April 9, 1784 two important points Britain recognizes 13 colonies to be free Britain has no claim boundaries of the US allowed for Western expansion

Consolidating the Revolution

Eight challenges facing the new nation (from “Forming a New Nation” lecture) Federal Republic, demobilizing Army, managing new areas, disputes between debtors and creditors, native populations, national debt, inflation

Articles of Confederation (emphasis, form, powers gov’t had, didn’t have) Congress could conduct foreign affairs, make treaties, declare war, maintain Army and Navy, coin money and establish post office. But they couldn’t make president of the government, nothing separated power of federal level, Congress couldn’t do anything without approval of nine of 13 states, couldn’t force other states to obey the laws from another states even when nine of 13 agreed, couldn’t collect taxes taxation belong to the states and each state could make their own tax laws.

Major ideas that came from new state constitutions (Morgan 7) wanted to design a government containing the virtues of British Constitution but with safeguards to prevent tyranny

Shays’ Rebellion 1786 Daniel Shea a Massachusetts farmer letter rebellion block courthouse or refuse to pay taxes Congress didn’t have any money to raise an army and the militia protected the armory a private army gave chase and crushed the rebellion. It was significant because steps needed to be taken to avoid civil unrest and address economic problems George Washington said anarchy and confusion will prevail if there is a rebellion against the laws and Constitution that they decided to make themselves

The Constitution

Leading figures during the Constitutional Convention (from Morgan 10 and discussion)

Federalists and Anti-Federalists (from ‘Debate Over the Constitution’ lecture) Federalist wanted to ratify Constitution Hamilton, Madison, John J emphasize separation of powers and a system of checks and balances. Thought articles of Confederation had flaws and needed to be changed. Federalist were very organized and had the support of George Washington

anti-Federalists Patrick Henry of Virginia, thought president would be a King. Anti-Federalist thought articles of Confederation were enough but they didn’t have a plan of their own they just didn’t like the Constitution

Two victories small states achieved at Constitutional Convention (Morgan 10) new and equal states in the West reducing the importance of the large Eastern states, equality for states in the Senate to senators per state the matter the size, and the house representative is based on population called the great compromise

Checks each branch has on others

executive (Pres.) :president can nominate judges, president can veto congressional legislation.

Legislative (Congress and House of Representatives) approves presidential nominations, controls the budget, passed law over a presidential veto with two thirds and can impeach the president. The legislative branch confirms the president choice for judge and can impeach or remove them.

Judicial branch can declare presidential acts unconstitutional and can declare laws on constitutional of Congress.

Bill of Rights

  1. religion speech press assembly petition

  2. arms

  3. quarter soldiers

  4. unreasonable search and seizure

  5. crime without representation

  6. speedy trial

  7. trial by jury

  8. excessive bail

  9. Bill of Rights doesn’t list every right

  10. anything not Constitution given to the states or people

 

federalism and levels of law and the US federal, state, local laws it all about checks and balances sue not one can be more powerful than the other two

How the Constitution handled slavery counted population 3/5 of slave in any state would be included so the free population of the state got more political power. Also said slave trade in 1808 would impose a tax of $10 per slave and slaves would be returned to their owners

Amendment process step one proposal by either two thirds vote in Congress which is both the House of Representatives and the Senate. Step 23 force of state legislatures

Seven features of original Constitution Robert Dahl identifies as ‘undemocratic’ (pps. 15–20)

  1. Slavery
  2. Suffrage
  3. election of the president establishing a solid coral college the use of electors is proportional to representation in Congress and it’s not proportional to the population
  4. representation in the Senate each state gets two senators and it doesn’t matter where the population is
  5. election of senators senators are appointed directly by state legislatures later in 1913 the 17th amendment change the system so senators were popularly voted
  6. judicial power judges have the power to rule unconstitutional any law even if it’s approved by the Legislature and signed by the president and judges are appointed not elected for life
  7. limitations of congressional power the powers of Congress are limited to a specific list. Today Congress can do a lot more but in the beginning Congress had a specific list of things that they could do.

Main arguments in Federalist 10 (James Madison)

Main arguments in Brutus I (Robert Yates) Brutus was an anti-Federalist he believed that the central government under the Articles of Confederation was sufficient. Under the Articles of Confederation the states would still work together but there was no larger government

Short Answer

After the French and Indian War, the American colonists were prouder than ever to be subjects of Great Britain. However, fifteen years later, this would not be the case. What happened?

Make an argument:

  1. Opening Argument (thesis) that takes a stand: Why did the American’s rebel and were they justified in their rebellion? All men are created equal with certain rights life liberty pursuit of happiness. England has robbed them of their land and raw materials, denied them free trade, didn’t allow them a say in their own government and tax them into poverty.

  2. Discuss what you believe to be the three most important arguments the colonists used to justify their revolt.

    Taxation without representation, denied free trade, unlike in England you should be able to be born free and equal

  3. Were they valid or invalid? Use at least one specific historical example for each argument. Make sure you use detailed and specific evidence that clearly supports your thesis.

    Some were valid, most were invalid. In England they had higher taxes than in the US, in England they had broke representatives that virtual representation in England because just like in the US rich white men could vote only with large land holdings in England to. But they were right to ask for being born free cousin England the level at which you were born you state your whole life no matter how hard you work

Essay Question

Historians have argued over the virtues of the framers of the Constitution and the document they produced. Make a case for whether the Constitution as originally adopted was the best it could have been and worthy of adoption or whether it was fundamentally flawed. (For purposes of the essay it’s up to you whether you consider the Bill of Rights as part of the original Constitution.) Be sure to do the following:

  1. Begin with an introductory paragraph that concludes with a thesis statement.

  2. Include a discussion of the arguments of Charles Beard, Edmund Morgan, Robert Dahl, James Madison and Robert Yates.

  3. Include a discussion of the idea of checks and balances, powers given to the different branches of the federal government, suffrage, slavery, concern for the ‘tyranny of the majority’, and the Bill of Rights.

  4. Include specific details to support the point you are making.

Rubric for the essay: One point for a clear and arguable thesis statement that is fully supported by the essay, one point based on the overall persuasiveness of the essay, and eight points based on the detail and accuracy of the evidence used to respond fully to every part of the prompt.

  1. Constitution as originally adopted was the best it could have been and worthy of adoption because its held up all these years and we only added 27 amendments in over 200 years and we have a stable government.

  2. Charles beard said that because wealthy men had a vested interest in the United States becoming a country because of banknotes they put in their own money and when the war was over they expected to make money but they would make any money if US didn’t became country

    Dahl said that women, Native Americans, slaves over half population couldn’t vote’s only rich white men could vote.

    James Madison wanted a strong federal government to unify the country.

    Robert Yates was Brutus he was an anti-Federalist he said there be less rights for individuals and states because the government would be too strong he thought the US was simply too big only have one government. Thought they were too diverse

  3. Checks each branch has on others

    executive (Pres.) :president can nominate judges, president can veto congressional legislation.

    Legislative (Congress and House of Representatives) approves presidential nominations, controls the budget, passed law over a presidential veto with two thirds and can impeach the president. The legislative branch confirms the president choice for judge and can impeach or remove them.

    Judicial branch can declare presidential acts unconstitutional and can declare laws on constitutional of Congress.