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The Constitution
THE CONSTITUTION AND DEMOCRACY
• Key Principles
• Republicanism form of government
• Federalism
• Popular sovereignty (Locke, Rousseau)
• Limited Government (Rousseau)
• Judicial Review (Locke)
• Enumerated powers
• Reserved powers
• Concurrent powers
• Government And Human Nature
• Separation of powers
• Checks and balances
THE COLONIAL MIND
• John Adams - The Real Revolution – Changing belief
about legitimate authority
• Consent of the governed
• Human liberty exists prior to government
• Legislature should be more powerful than executive –
closer to the people
Articles of Confederation
• The first written plan of government for the United States.
• Ratified in 1781
• Under this plan a Continental Congress governed and a
president acted as the executive officer.
• Over time several weaknesses became evident with this
plan of government.
Weaknesses in Articles of Confederation
•
Extreme decentralization! Constitution will be about restoring
power to the federal gov’t – Concentrating/centralizing power
•
It did not have the power to…tax, enforce its laws, raise an army
or navy
•
No system of national courts.
•
Each state could issue its own paper currency.
•
Each state could put tariffs on trade with other states.
•
Scarred by their experiences with monarchy
Shays’s Rebellion
•
•
Daniel Shays leads a group
of farmers in Massachusetts
in a rebellion against the state
government in 1786.
•
The farmers attempt to shut
down the state courts and
seize the state arsenal in
Springfield
They were upset with high taxes that put them in debt and led to
state courts seizing their property.
Shays’s Rebellion
• Massachusetts
had to seek
assistance in
putting down the
rebellion.
• The national
government had
no troops to help.
•
Massachusetts borrowed money to hire an army to put down
the rebellion.
Shays’s Rebellion
• As a result, a meeting was set to take place in
Philadelphia, Pennsylvania in May of 1787 to revise
the Articles of Confederation and address the
weaknesses that had become evident.
• There could be no stronger evidence of the
want of energy in our governments than
these disorders.-- George Washington
The Constitutional Convention
Constitutional Convention
•
Meeting began on May 14, 1787 in Philadelphia, Pennsylvania.
•
55 delegates from 12 states were present (No RI)
•
What began as a meeting to revise the AOC became a meeting to
draft a new constitution.
WARM UP – WHICH OF THESE TERMS IS MOST CONFUSING?
• Key Principles
• Republicanism form of government
• Federalism
• Popular sovereignty (Locke, Rousseau)
• Limited Government (Rousseau)
• Judicial Review (Locke)
• Enumerated powers
• Reserved powers
• Concurrent powers
• Government And Human Nature
• Separation of powers
• Checks and balances
Crash Course AP Gov
Key Player – George Washington
• 55 at the time of the convention
• Hesitant to participate
• Convinced by others
convention needed him
• Elected to preside over the
convention
Key Player – James Madison
•
36 at the time of the convention.
•
“Father of the U.S. Constitution”
•
Kept a detailed diary of convention
that has served as the primary source
of constitutional scholarship
House of Representatives: House of the People
-House members more directly elected than the
president and originally than the Senate too
-Shorter term lengths ties them to the people
-Smaller districts
Why a republican government, not direct
democracy?
- Republican form of gov’t – authority is delegated to
elected representatives to make decisions on behalf of
citizens
- Fear of mob rule
- Size of country
- Elitism
- Counter influence of factions – Republics can encompass
a greater geographic territory (Federalist 10)
Commerce and Slave Trade Compromise
•
Issues involving trade caused conflict at the Constitutional
Convention.
•
The main issues were the taxation of exports, the regulation
of interstate commerce and the slave trade.
•
North wanted the national government to have greater power
to control trade (more at stake, wanted stability)
3/5 Compromise
3/5 Compromise
• North vs. South
• South argued Slaves received “Virtual Representation”
• North argued that if slaves are property they are subject
to be taxed.
Commerce and Slave Trade Compromise
•South agreed to federal government regulating interstate
commerce, but no taxing of exports
•The Northern agreed to 3/5 and 1808 clause
Constitutional Principles: Popular Sovereignty
• The power to rule belongs
to the people.
• “Consent of the governed”
• “We the People of the
United States …do ordain
and establish the
Constitution for the United
States of America.”
Constitutional Principles: Limited Government
Government can only do the things the people have given it
the power to do.
Limited Government:
Provisions that limit the government’s power:
• Bill of Rights
• Expressed powers
• Specific prohibitions – Ex post facto laws, bills of
attainder, writ of habeas corpus)
• Separation of powers (Federalist 51)
• Checks and balances
• Federalism
• Bicameralism
Provisions that limit how the majority can
have an impact on government:
• Electoral college
• US senators originally selected by state
legislatures
• Longer terms of senators
• Independent judiciary
• Life tenure of SCOTUS justices
• Appointment process
• Representative form of government
Separation of Power
Capitol Building - Congress
Legislative
Power
Executive Power
White House President
Judicial Power
U.S. Supreme Court
Checks & Balances
Slide One….
Notice the Arrows
Capitol Building - Congress
Judicial review –
unconstitutional;
legislative power
Impeachment;
veto override;
legislative
privilege
Appointment
power; pardon
White House - President
U.S. Supreme Court
Checks & Balances
Slide Two…
Notice the Arrows
Capitol Building - Congress
Approve
SCOTUS
apt’s; ‘good
behavior’
Veto; legislative
influence
Judicial review of
executive orders
White House President
U.S. Supreme Court
Federalism
•
Power is shared between levels of
government.
•
Enumerated Powers
•
Reserved Powers
•
Concurrent Powers
Informal Methods of Amending/Change meaning of
the Constitution
*More common than formal routes
•
Courts (judicial review/judicial interpretation/application)
•Same sex marriage, Miranda Rights, Roe v. Wade/abortion
•
Elastic clause
•
Development of political customs/traditions
Federalists vs. Antifederalists
•
Federalists – supporters of the Constitution, stronger national
government
•
Antifederalists – …opposite
•
Supremacy Clause vs. Abuse of Power
•
Necessary and Proper Clause vs. Abuse of Power
•
Individual Liberties (Anti’s demand Bill of Rights!)
•
Executive Power
Federalists vs. Antifederalists
•
The Constitution of the United States was approved by the
convention and signed by 39 of the delegates on Sept. 17, 1787.
•
Constitution then went to the states for ratification
•
Ratified on June 21, 1788