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Chapter 2. Constitution. A nation’s basic law. English Heritage:. Natural Rights: The rights inherent in human beings, not dependant on the gov’t Consent of the governed People must agree on who their rulers will be Limited Government Must be clear restrictions on what rulers may do.
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Constitution • A nation’s basic law
English Heritage: • Natural Rights: • The rights inherent in human beings, not dependant on the gov’t • Consent of the governed • People must agree on who their rulers will be • Limited Government • Must be clear restrictions on what rulers may do
Oops! • Articles of Confederation • Shays’ Rebellion • Aborted Annapolis Meeting
Let’s Try This Again! • Philadelphia • Revision or Restart? • Restart…but how do we do it?
Fairness • New Jersey Plan • Each state represented equally in a congress • Virginia Plan • State representation in Congress based on population
Compromise! • Connecticut Compromise • Create two houses of Congress • One based on population • The other equal representation of all states
Forgot about that… • What about slavery?? • Limit the future importation of slaves AND! • Slaves would be counted as 3/5 of a person for representative purposes
Individual Rights?? • Constitution says little about personal freedoms • Prohibits: • Suspension of writ of habeas corpus • Bills of attainder • Ex post facto laws • Religious qualifications for holding office • Rules of evidence for treason • Right to a jury trial
Madisonian Model • Thwarting tyranny of the majority • Separation of powers • Creating checks and balances • Establishing a federal system
What are we…exactly • Republic • System based on the consent of the governed in which representatives of the pubic exercise power • We choose the people who make the decisons
Ratification of the Constitution • Federalists • Supported ratification • Anti-Federalists • Opposed ratification
Interpretation • Article III • Marbury v. Madison • Supreme Court claimed the right of judicial review