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To start our class on the US Constitution In preparing the US Constitution, before any of the details of gov could even be discussed there had to be a larger understanding of what human nature was like, as this would be the foundation on which the Constitution would rest. Which of these 2 views do you believe more in and why? Human beings are basically good and act for the common good. Human beings act only in their own self interest and if left to their own devices, would become corrupt. Background to CC Philadelphia 12/13 represented Secrecy Foundational Beliefs? Rights? Constitutional Debates: Representation James Madison - “Virginia Plan” federalist – (a strong national government) 3 branches – executive, judicial, and legislative Bicameral legislative – voters chose the lower, lower chooses the upper “New Jersey Plan” Unicameral – all states would be equally represented Compromises: Great Compromise – Roger Sherman Settled dispute between Virginia and NJ Bicameral system - two types of representation Greatest Compromise Lower house – based on population Upper house – all have an equal share Slaves will count as 3/5 of a person Concessions related to slavery: Slave trade could exist until 1807 Slave owners could cross state lines for runaways Conflict resulted from America’s fear: Federalists Replace Articles Strong central government People act in their own interests Irrational Republic Strong economy Elite, merchants Anti-federalists Keep Articles Strong state governments People act on behalf of the common good Rational Democracy Farmers Approval of the Constitution 9 out of 13 Federalists delegates made decisions in private States rights were being diminished New system resembled a monarchy strong national government that would assure a sound currency and protect property rights (Wealthy merchants, planters, and lawyers) Anti-federalists feared a powerful national government – they didn’t like that: How can these differences be resolved? An anonymous figure called “Cato” said: “For what did you throw off the yoke of Britain and call yourselves independent? Was it from a disposition fond of change, or to procure new masters? This new form of national government will be dangerous to your liberty and happiness.” (Boyer 150). Federalist Papers Bill of Rights The Constitution is passed 9 state votes are achieved, North Carolina and Rhode Island reject the vote, but are forced to accept it…New York and Virginia did not ratify So who cares? Separation of Powers Legislative Executive Sees laws are carried out Judicial Creates laws Interprets them and punishes lawbreakers Designed to keep the federal government from getting too powerful Supremacy Clause “this Constitution, and the laws…and all treaties…of the United States, shall be the supreme law of the land” Checks and Balances Each branch has the ability to restrain the powers of the other two President can veto bills passed President negotiates and enters into Treaties Congress can hold hearings to review implementation of law President nominates Supreme Court Judges Senate ratify’s presidential treaties President influences through State of the Union – and what’s “necessary and expedient” Congress can override presidential veto Senate gives “advice and consent” Congress can impeach and remove. Federalism’s Divisions Delegated federal government Issues that concern all people Reserved Coin money, regulate trade, raise an army Any power not granted to federal gov or denied to the state gov is the power of the state Schools, elections, marriage laws Concurrent Held jointly Taxes, public welfare Amendments We have them. It is pretty impressive they built room for growth and change… that is forethought! Structure of Constitution: Preamble: “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America” WOW – Smell that Social Contract Theory? Structure of Constitution Con’t: Article I: Legislative Explanation Article II: Executive Explanation Article III: Judicial Explanation Article IV: relationship between state and federal government Article V: Amendment process Article VI: Among others, Constitution is supreme law of the land Article VII: Ratification – 9/13 Amendments: Bill of Rights … then 17 more Individual Liberty: Civil liberties – rights as individuals against the power of the government Ex post facto law – cannot be punished if after doing something it is made illegal Bill of attainder – punished by fine, imprisonment or seizure of property without a court trial – no more! Writ of Habeas Corpus – must release someone from prison unless formally charged or convicted Should not be suspended unless when in cases of rebellion or invasion Treason – needed good proof