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Chapter Two The Constitution • http://www.youtube.com/watch?v=3b56e0u 0EgQ • Omega Glory (better quality) • Joe Biden Interview with Katie Couric Copyright © Houghton Mifflin Company. All rights reserved. 2|2 Discussion Question: Was the American Revolution a conservative or radical revolution? • Reluctance to break with Britain • Only asserting rights as Englishmen • Did not want to destroy economic / social systems • Protecting LIBERTY? What do conservatives say? • Liberty as a natural right. Copyright © Houghton Mifflin Company. All rights reserved. 2|3 Discussion Question • Read the first two paragraphs of the Declaration of Independence • What principles did we follow through on? • Which ones did we neglect? • John Adams "God Save the American States" Copyright © Houghton Mifflin Company. All rights reserved. 2|4 How should the new government look? • By consent of the governed • Legislative branch superior • States had already adopted their own Constitutions Copyright © Houghton Mifflin Company. All rights reserved. 2|5 Weaknesses of the Articles of Confederation • Could not levy taxes or regulate commerce • Sovereignty, independence retained by states • One vote in Congress for each state • Nine of thirteen votes in Congress required for any measure • Delegates to Congress picked, paid for by state legislatures Copyright © Houghton Mifflin Company. All rights reserved. 2|6 Weaknesses of the Articles of Confederation • Little money coined by Congress • Army small and dependent on independent state militias • Territorial disputes between states led to open hostilities • No national judicial system • All thirteen states’ consent necessary for any amendments Copyright © Houghton Mifflin Company. All rights reserved. 2|7 The Constitutional Convention • The Framers (55) attending: men of practical affairs, including Continental army veterans and members of the Congress of the Confederation • http://www.law.umkc.edu/faculty/projects/ftrial s/conlaw/marry.htm • An entirely new constitution was written, although gathering was authorized only to revise Articles • Primary concern was with defense of liberty as a natural right (Lockean reasoning) Copyright © Houghton Mifflin Company. All rights reserved. 2|8 Plans and Compromises • The Virginia Plan – Bicameral legislature – National legislature with supreme powers (esp. to veto state laws) – One house elected directly by the people • The New Jersey Plan – Unicameral legislature – One vote per state – Protect small states’ interests • The Great Compromise – House of Representatives based on population – Two senators per state, elected by state legislatures Copyright © Houghton Mifflin Company. All rights reserved. 2|9 Key Principles of Government • Founders did not intent to create a direct democracy: a REPUBLIC • Popular rule only in House of Representatives • Separation of Powers: between branches • Federalism: power divided between national and state governments Copyright © Houghton Mifflin Company. All rights reserved. 2 | 10 Three Categories of Powers • Enumerated powers: given to national government exclusively; include power to print money, declare war, make treaties, conduct foreign affairs • Reserved powers: given to states exclusively; include power to issue licenses and to regulate commerce wholly within a state • Concurrent powers: shared by both national and state governments; include collecting taxes, building roads, borrowing money, having courts Copyright © Houghton Mifflin Company. All rights reserved. 2 | 11 The Antifederalist View • Liberty could be secure only in small republics • Nation needed, at best, a loose confederation of states with most of the power wielded by the state legislatures • If there was a strong national government, there should be many more restrictions on it Copyright © Houghton Mifflin Company. All rights reserved. 2 | 12 Federalist Papers 10 and 51 • Coalitions were more likely to be moderate because they would represent a diversity of interests • Governments should be somewhat distant from the passions of the people • No bill of rights was necessary Copyright © Houghton Mifflin Company. All rights reserved. 2 | 13 Map 2.2: Ratification of the Federal Constitution by State Conventions, 1787-1790 Copyright © Houghton Mifflin Company. All rights reserved. 2 | 14 The Constitution and Slavery • House of Representatives Apportionment: 3/5 Compromise • Congress could not prohibit slave trade before 1808 • Fugitive Slave Clause Copyright © Houghton Mifflin Company. All rights reserved. 2 | 15 Suggestions for Constitutional Reform • Reduce separation of powers to enhance national leadership – Make president less susceptible to special interests and other members of Congress – Make system more like the British Parliament • Make the system less democratic – Set limits on spending – Line-item veto Copyright © Houghton Mifflin Company. All rights reserved. 2 | 16 The Constitution • Questions to consider – How well has it worked in history? – How well has it worked in comparison with other democratic nations? – Is the Constitution a “living” document? Copyright © Houghton Mifflin Company. All rights reserved. 2 | 17