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The Constitution Roots of the Revolution • Lack of Colonial Autonomy – Economic – Political • Boston Tea Party – Coercive Acts • First Continental Congress – Olive Branch Petition • Second Continental Congress – Lexington and Concord – Common Sense – Declaration of Independence Declaration of Independence And Common Sense • Common Sense – Thomas Paine • Monarchy and Hereditary Succession • The Wars and Tyranny of Kings • The Economic and Political abilities of Americans • Declaration of Independence – Thomas Jefferson • • • • Social Contract Theory - John Locke List if Grievances Formal Separation from England Debated - Slavery and Slave Trade Articles of Confederation • Confederation – loose association of independent states • The Articles of Confederation – Established the first government of the United States – November 15, 1777 – Fear of Central Power – National Government lack any real Power – Four Reasons for Failure • • • • No power to tax No head of State No regulation of interstate or foreign commerce Each state how power to veto amendments Constitution Convention • Shays’s Rebellion – Demonstrated need for Stronger Government • Edmond Randolph of Virginia – Virginia Plan • Encouraged creating of new document • Three Branches of Government – Legislative – Executive – Judicial • Two House Legislature – Representation based on taxes paid • Called for strong national government • Favored the large and wealthy states Continued • New Jersey Plan – William Paterson of New Jersey – Legislature based on equal representation – Favored by small and poor states – Forced a Compromise • Great Compromise – Roger Sherman of Connecticut – House based on size – Senate is equal – Legislation approved by both chambers Continued • Presidency – Fear of popular vote – Fear of return of monarchy – Fear of election by legislature – Compromise = electoral college • Electors choose president • Each state choose electors in proportion to representatives • House votes in tie • Parties dominate in modern elections – Four year term and no term limits – House can charge with impeachment – Senate can try impeachment charge Continued • 3/5th Clause – Slavery a big part of American Economy • Slavery not mentioned in Constitution – Other Persons – The question of representation of slaves • Should they count towards population? – Slave States = yes – Free States = no(ish) – Slaves will count as 3/5th of a person • Gave southern states greater representation – 47% of congress • Gave southern states more electors • Ended slave trade after 20 years The Constitution • Principles – Republicanism – power of the people • Avoid aristocracy, monarchy, and democracy – Federalism – central and state authority – Separation of Powers • Three Branches – Legislative – law making – Executive – law enforcing – Judicial – law interpreting • Equal power between branches – Checks and Balances – each branch has some control over other branches • Extraordinary Majority – over ride veto with 2/3 vote The Preamble • Four elements that create American Political Tradition – It Creates a People • “We the people of the United States” • Counters notion of independent states – It Explains the reason for the Constitution • More Perfect union • Counters Articles of Confederation – It Articulates Goals • Promotes Order and Freedom – It Fashions a Government • Creates the United States 10 Continued • Seven Seven Articles – Article 1: The Legislative Article • Bicameral • Enumerated Powers (1-17) – powers given – Necessary and Proper Clause (18) - means to execute powers » Implied Powers – powers need to execute powers – Article 2: The Executive Article • Provides election info and powers given – Article 3: The Judicial Article • Vague, left structure up to congress and president • Judicial Review – declare acts unconstitutional (implied) – Marbury v. Madison – Article VI: • Supremacy clause – national laws take precedence Ratification • Need nine state to ratify become law – Nation Slit over Constitution • Federalist – supported – favored national government • Antifederalist – did not support – favored state gov • Federalist Papers – Alexander Hamilton, John Jay, and James Madison = Publius – 85 newspaper articles supporting ratification • Federalist No 10 – avoid factions, pluralism, or “tyranny of the majority” (mob rule) • Federalist No 51 – control tyranny through “separation of powers” and “checks and balances” • Anti-Federalist Papers – Brutus – Not as influential Bill of Rights • States would not ratify without Bill of Rights – List basic civil liberties and civil rights – Purpose of Revolution War • Federalist No 84 – BofR would be “Dangerous” – Not possible to list prohibited powers • George Washington – Amendment process • Bill of Rights – First 10 amendments to the constitution Continue • Bill of Rights – 1st Amendment • Religion, Speech, press, assemble & petition government – 2nd Amendment • Right to bear arms – 4th Amendment • Search and Seizures – 5th Amendment • Self-incrimination & due process – 10th Amendment • Rights reserved to the states 14 Amendment Process • Two Stages – Proposal Stage • A) 2/3 vote of both houses of congress (All) • B) National convention by congress, requested by 2/3 states – Ratification Stage • A) ¾ of states legislatures ratify (all but 1) • B) Constitutional Convention in ¾ of states • Difficulty is intended in process – First 10 – Bill of Rights – Next 17 – make public policy, correct deficiencies, or promote equality Constitution – The Legend Oldest Constitution • Most copied Constitution • Short Constitution today – Original Intent or Living Document Provides balance between order and freedom – No attention to equality – amendments • Amendments and Social Change – – – – – – 13th, 14th, 15th - Civil War Amendments 16th - income tax - Progressive Taxation 19th - Women Vote 24th - prohibited poll tax 23rd - Citizens of Washington DC can vote 26th - voting age at 18 Majority or Plurality • Majoritarian Democracy – Founders intended a Republic • Majority Consent – Not a Democracy • Majority Rule • Pluralist Democracy – Constitution Promotes Plurality – Intention of the Founders? • Factions • Electoral College • Interest Groups 17