The Constitution: Limiting Government's Power

1. Chapter 2 The Constitution: Limiting Government’s Power

2. The Constitution Defined • Constitutionalism Government of laws, not people • Constitution establishes governmental bodies • 1. House of Representatives • 2. Senate • 3. Presidency • 4. Supreme Court • The Constitutional Tradition • 1. The Magna Carta, 1215 • 2. The Mayflower Compact, 1620 • 3. The Colonial Charters, 1624-1732 • 4. The Declaration of Independence, 1776

3. The Constitution Defined • The Constitution can only be changed by general popular consent – majority needs to agree upon the change • The U.S Constitution is superior to ordinary laws of • 1. Congress • 2. Orders of the president • 3. Decisions of the courts • 4. Acts of the state legislatures • 5. Regulations of the bureaucracies

4. Constitutional Beginnings • Two parts to be included by settlers • Individual security • Rule of law – laws made to govern the land • New England Colonies set up compacts • A compact is an agreement that binds two or more parties to enforceable rules

5. Constitutional Beginnings • Charter Companies were created • The English King controlled the charter companies for the purpose of gathering natural resources from the new world • Proprietary Colonies were created • The colonies were set up like the British government – The British King granted propietary rights to individuals, as in Maryland(Lord Baltimore), Pennsylvania(William Penn) and Delaware (Penn)

6. Five Precedents to the Constitution • Five Important Events that led to the Constitution • Magna Carta of 1215 – a written document that stated that the powers of the English King were not absolute • Mayflower Compact of 1620 – prior to landing at Plymouth the Pilgrims wrote a social contract to ensure the success of the community • Colonial Charters of 1624-1732 • Declaration of Independence of 1776 • Articles of Confederation of 1781-1789

7. Problems Facing a New Nation • Lack of National Unity – each state was operating independently of the federal government • Financial Difficulties – congress had no power to tax the people directly • Commercial Obstacles – states were free to tax the goods of other states, no power to regulate interstate commerce • Money Problems – each state had the power to issue their own currency, and regulate it’s value • Civil Disorder – debtors revolted against tax collectors

8. Constitutional Convention 1787 • Purpose – revise the Articles of Confederation – ended up writing the Constitution • Fifty-five delegates attended • National commitment • Wide viewpoints • Well-educated men • Unified in thinking about economics, military, and politics • Distinguished gentlemen

9. Constitutional Convention 1787 • All states represented, but Rhode Island • Decided on a republic form of government – where the power lies in the vote of the citizens • Determined the three branches – Executive, Legislative, and Judicial • Determined that there would be taxes on imports but not exported goods

10. Constitutional Convention 1787 • Representation in Congress was the most serious debate • Two houses would be created in the Legislature – Called the Great Compromise • Three-Fifths Compromise developed – three-fifths of slaves would be counted in apportioning seats

11. Constitutional Convention 1787 • Only thirty-nine of the fifty-five signed the new Constitution • Those who did not sign claimed that the government was given too much authority • The supporters of the Constitution were the Federalists