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Chapter 2 The Constitution Ch 2 topics: • Historical background • Structure of New Government • Overview of Articles • Ratification debate • Bill of Rights • Amending the Constitution Early Steps towards a new Government Colonies band together to combat British taxes and restrictions • French and Indian War caused – Need for $$: so taxation – Proclamation of 1763 • Stamp Act Congress – List of grievances to the King – King responds with Coercive Acts (known as the “Intolerable Acts”) Proclamation of 1763 The First Continental Congress • Met in Philadelphia 1774 • Declaration of Rights and Resolves • Attempted compromise with King • If King did not respond, meet again in 1775 The Second Continental Congress • Fighting broke out before Congress met • Olive Branch Petition: King refused • Declaration of Independence 1776 • Articles of Confederation outlined the powers of the Congress The Declaration of Independence 1776 • Thomas Jefferson wrote • Based on John Locke’s ideas – “Life, Liberty, Property” becomes “Life, Liberty and Pursuit of Happiness” – Legitimacy of government rests on consent of the governed – Government that is abusive should be changed • 12 of 13 colonies vote for (NY abstained) Articles of Confederation • Compact among the 13 states • Written in 1776; ratified in 1781 (during the war) • Created a national Congress to – – – – Appoint officers for an army Make peace Control the post office Negotiate with Indian tribes • Each state is sovereign • One vote per state in Congress Problems Under the Articles • Lack of national sentiment; little unity • Government too limited – – – – No executive No judicial system Congress rarely could assemble quorum Chaotic regulation of trade with foreign nations (each state had different laws) – No power to tax – No military Review • Looser associations – – – – Stamp Act Congress First Continental Congress Second Cont Congress Articles of Confederation – – – – Defense/Stability Foreign relations Organization: president, judiciary $$: tax • Need for stronger gov’t Constitutional Convention, 1787 The Framers: – 55 delegates – All were men – Many were young – 17 owned slaves – http://en.wikipedia.org/wiki/Founding _Fathers_of_the_United_States The Virginia and New Jersey Plans • Virginia Plan – Powerful central government • Three branches – Legislative – Executive – Judicial – Two House Legislature • One house directly elected • Other: nominated by state legislatures • Based on population – A legislature with power to select the executive and judiciary • New Jersey Plan – Strengthening the Articles, not replacing them – Creating a one-house legislature with one vote for each state with representatives chosen by state legislatures – Creating a Supreme Court appointed for life by the executive officer Compromises • Great Compromise – One house of legislature: • directly elected by people • Based on population – Second house: • each state an equal vote • reps selected by the state legislatures – National power would be supreme • Slavery Compromises: – Three-Fifths Compromise: • Slaves are 3/5 of a person • Assured South nearly half the House – Slave trade guaranteed for 20 more years at least The U.S. Constitution: Basic Principles • Separation of Powers – Divides power among three branches – Selected by and responsible to different constituencies • Checks and Balances – Each branch has some oversight and control over others • Federal System – government in which power is divided between • the national government and • the state governments • All states are all part of a national gov’t Figure 2.2- Separation of Powers The Articles of the Constitution • Article I: The Legislative Branch – Structure, terms, selection, apportionment – Enumerated powers – 17 specific powers – Necessary and Proper Clause • Basis for implied powers Article II: Executive Branch President with a four-year term. Qualifications for and removal from office. Lists powers of the office. Commander in chief, treaties, appointments. Sets out State of the Union Address. Article III: Judicial Branch Establishes only a Supreme Court. Sets boundaries of Supreme Court’s jurisdiction. Gives Congress the power to establish lower courts. The Articles of the Constitution • Articles IV Through VII – Relations between national government and the states – V: Amendment procedure – Article VI: the Supremacy Clause. • Provides that the “Constitution, and the laws of the United States” as well as all treaties are to be the supreme law of the land. • Also no religious test shall be required for holding office. Ratification Debate • Federalists – Favored a stronger national government – supported the Constitution – Later became the first political party in the U.S. • Anti-Federalists – Favored strong state governments and a weak national government – Opposed the ratification of the U.S. Constitution Anti-Federalists • Feared a strong central government would abuse – States’ power – Personal liberties • Wanted to limit taxing power of Congress • Wanted a state militia instead of a national military • Bill of Rights to the states for ratification in September 1789 to address their concerns The Federalist Papers • Series of 85 political articles written by John Jay (5), Alexander Hamilton (51), and James Madison (26) • Printed in Newspapers • Supported the ratification of the Constitution Table 2.2- Federalists and AntiFederalists Back Amending the Constitution: The Bill of Rights • First ten amendments to the U.S. Constitution – Specific protections of personal rights • Freedom of expression, speech, religion, and assembly • Right to bear arms and no quartering of soldiers responses to British rule • Ninth Amendment: enumerated rights are not all inclusive • Tenth Amendment: powers not given to the national government are reserved by the states or the people Figure 2.3- Amending the Constitution Informal Amendment Judicial interpretation. Social and cultural change.