American Heritage Midterm 2
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. What would you like to do?
1st Amendment in the Bill of Rights
freedom of speech, religion, press, petition, assembly (use your pointer finger)
2nd Amendment in the Bill of Rights
right to bear arms (make a gun with two fingers)
3rd Amendment in the Bill of Rights
Can’t quarter soldiers
4th Amendment in the Bill of Rights
Warrant (four fingers form a "w")
5th Amendment in the Bill of Rights
- plead the fifth-self incrimination
- double jeopardy
- eminent domain(gov has to buy your land for good price etc if they need it)
- due process (follow rule of law in trial)
- trial by grand jury
6th Amendment of the Bill of Rights
Right to a speedy trial
7th Amendment in the Bill of Rights
Right to trial by jury of peers etc
8th Amendment in the Bill of Rights
Cruel and unusual punishment, excessive bail
9th Amendment in the Bill of Rights
You have more rights than are enumerated here (rights that aren’t included in the constitution)
10th Amendment in the Bill of Rights
Whatever power is not reserved for the states is given to the people.
Acronym for the constitution
Summarize the 1st clause of the Constitution
- Legislative Branch
- Senate—> elected by state legislatures —> example of filter of consent—>elected every 6 yrs—> Representation based on 2 per state
- House or Rep—>elected every 2 yrs —> representation based on population.
Write law and declare war Commerse Law
A more perfect union is about this argument
Summarize the 2nd clause of the Constitution
Executive—> 4 yr term, appoint judges (originally had no term limit) all their power is checked by congress. Can veto
Summarize the 3rd clause of the Constitution
Judicial—> No judicial Review in article three (until Marbury vs Madison) —> appointed for life
Summarize the 4th clause of the Constitution
States—> Full faith and credit—>What happens in one state has to be honored in another state.
Summarize the 5th clause of the Constitution
Amendments—>2/3 congress + 3/4ths states.
Summarize the 6th clause of the Constitution
Supremacy—> The constitution is the SUPREME law of the Land—>it trumps local law. Constitution—> Federal —> State
Summarize the 7th clause of the Constitution
Ratification —> 9/13 states have to vote to implement the constitution (ratify means to accept the original constitution)
—see page 120—two opposing views of French Revolution vs English Revolution
—should we rely on virtue?-England and Adams
Should we rely on Freedom-France and Jefferson
- Natural Aristoracy
- Chain of great beingPuritan —> similar ideas as WinthropPositive Liberty —> restrict something now to be more free in the long run
- Would probably be more against creative destruction.
- Pro britishnatural aristocracy
- institutional design
- Positive Liberty
- Likes market economy but not to structure government
- JeffersonLibertyNegative Liberty—I do what I want with the limit of hurting others
- more trusting of people to make the right decisions.
- Idea that you can remake the government every generation: Sounds like Creative Destruction
- Favors the French
- Adam Smith
- John Locke
- Spontaneous Order
- Creative Destruction
- Likes market economy in governmental design.
- How do Nations get wealthy, and how do they distribute that wealth
- gas example, you should worry about the guy who is selling one cent less
creative destructionInovation has casualtiesgas example. its not the price that will put you out of business, it’s innovation, it’s something else making gas obsolete.
- Federalist papers were written to try and get the constitution ratified.
- Federalist 10: FACT10NS—> Faction: group of people with similar interests, agendas etc. like clicks… factions might make minorities powerless—>Madison says that we could just get rid of factions, outlaw factions… but the cure is worse than the disease… solution: extend the republic
- Federalist51: Auxiliary Precautions, Separation of powers, checks and balances
What was Madison's thought process while he wrote the constitution. Madison’s idea was not to create some huge powerful fed gov. He was just trying to fix the corruption that he saw in the state governments.
Negative Liberty—you aren’t the boss of me, I can do what I want, until I harm somebody.
Positive Liberty—Government can tell me what to do if it helps me reach my potential and makes me more free.ex, making your kids read because it will benefit them in the future.
I would rather half the world be desolated and leave Adam and Eve in every country rather than living with no freedom at all. You need to frequently water the tree of liberty with the blood of tyrants.
Our generation can’t make decision for future generations, lets rewrite our constitution every 19 yrs.
It is super impractical to remake the constitution every 19 yrs.
John Adams—>James P Sullivan
Adams is saying why the following can’t change: need to be a white, male, landowner, to vote. Idea is that people in these positions won’t be influenced, its like they represent those around them.
John Adams—>John Taylor
Adams writes thoughts on the virtues of Natural Aristocracy. Lets pick the most virtuous person to represent us (related to filter of consent)
Marbury vs Madison
Lead to Judicial Review
Why didn’t we enslave native americans? —> how slavery came to be?
Republican Dilema # 1:
First textbook reading.how can you build a big republic? (theory is that you can’t keep an eye on the gov if they aren’t close and you know them all) Madison solved this dilemma by saying that you are actually more likely to get good outcomes with a bigger republic. More virtuous decisions. Virtue is something that is good for everybody. Race
Republican Dilema #2
Jefferson vs Madison. How do you have a virtuous outcome when you have the power of factions and majorities...
didn’t want to ratify the constitution right off, wanted to make some amendments and change the fed gov to be smaller
New Jersey Plan
—> see book —> state based representation
—> see book —> All population based representation, Governor guy suggested the virginia plan
The great compromise:
50% population based representation, 50% state based representation.
Articles of Confederation:
More like united nations. Continental Congress had no real power, it was more of a coordinating council
John Winthrop: Exceptionalism
John Winthrop planned the whole City on a Hill to be the exception in the Puritan Church.
America will be different than any other place anywhere because for the first time we will be truly free.
The Commerce Clause:
The main enumerated power for Congress to pass what it does. Congress has power to pass laws that involve money, war, seas, native americans, and regulate interstate commerce.
Division of labor
is how you make wealthcreates specialization and cooperation
makes it so that as sellers compete for your dollars the price will go down and we can all participate in this growing wealth.
The way to get rule of law:
you get rule of law by the whole institutional Design —> Harrington cake example.
you get richer if you specialize: division of labor. Everybody is better off you they are specialized.
The idea that different levels of government can be connected and local gov and filter up to fed. City—>state—>National… Fed gov delegates certain responsibilities to states, states take care of things that have to do with them.
lots of separate state governments, but all agree to be sovereign to the Fed government.
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