1 / 14

STUDENT NOTES THE CONSTITUTION PART 1

Learn about the founding principles, key figures, and major documents like the Declaration of Independence and the Articles of Confederation that shaped the American government system. Dive into the Ratification Debates, Bill of Rights, and the pivotal Great Compromise and Madisonian Model. Explore how the Federalist Papers and the Constitution itself safeguard individual rights through checks and balances, federalism, and a limited government.

juliannea
Download Presentation

STUDENT NOTES THE CONSTITUTION PART 1

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. STUDENT NOTES THE CONSTITUTION PART 1

  2. PROBLEM OF LIBERTY • Goal of Am. Revolution was liberty • Colonists lacked rights as British subjects • English Constitution lacked legitimacy • After French and Indian War: “taxation without representation”

  3. PHILOSOPHERS INSPIRE • Montesquieu (1689-1755), The Spirit of Laws • Hobbes (1588-1679), The Leviathan • Locke (1632-1704), Second Treatise of Government • Rousseau (1712-1778), The Social Contract • Thomas Paine (1737-1809), Common Sense

  4. DECLARATION OF INDEPENDENCE • No more divine right - elimination of royal prerogative • EVERYONE is equal • “self-evident” • MAJOR SCHISM • DOCUMENT • Philosophical basis • Grievances • State of Separation

  5. Declaration of Independence • Based upon Locke’s conception of individual rights • life, liberty, right to own property • government as a social contract to protect individual rights • Outlines basic political philosophy of the new republic • Justifies rebellion against Britain

  6. ARTICLES OF CONFEDERATION • Original plan for government (1st Constitution of US) • Authority laid with states • Congress of the Confederation • States had central authority over direction of country

  7. FAIL!!! • Article II – “Each state retains its sovereignty, freedom, and independence.” Gov’t has no control • Unicameral Congress (one house) with one vote per state • Supermajority (9 of 13) to pass a law • Supermajority (13 of 13) to amend • No Executive (No President), no central authority • No Federal Judiciary (No Supreme Court), no central law • No control of taxation, commerce between states or with foreign nations, money system *Leads to Constitutional Convention and complete restructuring of American Government

  8. Ratification Debates • Anti-Federalists • Desired STRONGER state governments and WEAKER national government • Keep government in check maintain individual rights • Felt Americans were good, virtuous, and will participate • Federalist • Desired a STRONGER national government and WEAKER state governments • Already included: • Ex post facto • No bill of attainder • Habeas corpus • Felt Americans were good, but incompetent and will ruin country

  9. Ratification Debates • The Federalist Papers: Madison, Hamilton, Jay • Anti-federalist concerns: • constitution too aristocratic • large republic not feasible • possible tyranny of national government • no specific protection of rights • Madison promises the Bill of Rights after ratification

  10. Bill of Rights • First ten amendments to the federal constitution: • Restrain the national government from tampering with fundamental rights and civil liberties • Emphasize the limited character of the national government’s power

  11. Constitution • 1787 Framers needed to centralize power • Bridge between theory and reality • Divides the national government into three branches • Describes the powers of those branches and their connections • Outlines the interaction between the government and the governed • Describes the relationship between the national government and the states • Is the supreme law of the land

  12. Great Compromise • HOUSE OF REPRESENTATIVES • Representation in the House of Representatives would be apportioned according to the population of each state (initially consisting of 56 members) • Revenue-raising acts would originate in the House • SENATE • Each state would be represented equally in the Senate (2 each) • Senators would be selected by their state legislatures, not by direct popular election

  13. Madisonian Model • Popular Sovereignty – power to govern belongs to the people, gov’t based on the consent of governed • Separation of Powers – division of gov’t between branches: executive, legislative and judicial • Checks and Balances – a system where branches have some authority over others • Limited Government – gov’t is not all-powerful, and it does only what citizens allow • Federalism – division of power between central government and individual states

  14. FEDERALIST #10 • Madison addressed biggest fear of gov’t • Faction – a group in a legislature or political party acting together in pursuit of some special interest (think fraction – ½, 1/3, etc) • Founding fathers were concerned that our government would be ripped apart • Separation of Powers check the growth of tyranny • Each branch of government keeps the other two from gaining too much power • A republic guards against irresponsible direct democracy or “common passions” • Factions will always exist, but must be managed to not severe from the system.

More Related