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CONSTITUTIONAL COMPROMISES

CONSTITUTIONAL COMPROMISES. Would I ever leave this company? Look, I'm all about loyalty. In fact, I feel like part of what I'm being paid for here is my loyalty. But if there were somewhere else that valued loyalty more highly, I'm going wherever they value loyalty the most. .

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CONSTITUTIONAL COMPROMISES

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  1. CONSTITUTIONAL COMPROMISES Would I ever leave this company? Look, I'm all about loyalty. In fact, I feel like part of what I'm being paid for here is my loyalty. But if there were somewhere else that valued loyalty more highly, I'm going wherever they value loyalty the most.

  2. The Constitutional Convention • Each state sent participants (except R.I) • Leaders all appointed by the state legislatures, whose members had been elected by voters who could qualify as property owners. • 55 delegates convened on May 25, 1787 in the Philadelphia statehouse.

  3. Men at the Constitutional Convention • Jefferson, in Paris, called the group a “convention of demigods” • Strong anti-nationalists like Patrick Henry, Richard Henry Lee, and Samuel Adams did not attend. • Washington elected chairman; presided over the convention • Notables present: Franklin, Hamilton, Madison

  4. LEADERS OF THE CONVENTION • HAMILTON • WANTS A STRONG CENTRAL GOVERNMENT= ARISTOCRATIC RULE

  5. LEADERS OF THE CONVENTION GEORGE MASON • WANT A WEAK CENTRAL GOVERNMENT= MORE DEMOCRATIC RULE • Author of the Virginia Declaration of Rights • He withheld his signature from the United States Constitution, because it did not abolish the slave trade.

  6. LEADERS OF THE CONVENTION • JAMES MADISON • THE MAN IN THE MIDDLE • THE FATHER OF THE CONSTITUTION • In Congress, he helped frame the Bill of Rights and enact the first revenue legislation.

  7. A BUNDLE OF COMPROMISES • NO ONE GOT EXACTLY WHAT THEY WANTED. • POLITICS IS THE ART OF THE POSSIBLE • COMPROMISE IS ESSENTIAL TO DEMOCRACY

  8. I was shunned from the age of 4 until my 6th birthday, for not saving the excess oil from a can of tuna.

  9. Virginia Plan “Large-State Plan” Written by Madison Representation in both houses of bicameral Congress should be based on population “proportional representation” Larger States would thus have a political advantage. New Jersey Plan “Small-State Plan” “Equal representation” in a unicameral Congress by states regardless of size and population Weaker states feared that under Virginia’s plan strong states would band together and dominate the rest

  10. “THE GREAT COMPROMISE” • BICAMERAL LEGISLATURE • HOUSE BASED ON POPULATION • REQUIRES CENSUS EVERY TEN YEARS • REAPPORTIONMENT • Smaller states conceded representation by population in the House of Representatives • SENATE EQUAL REPRESENTATION (TWO PER STATE) • Larger states conceded equal representation in the state. • Every tax bill would originate in the House since big states would have to bear a larger burden of taxation. • Large States benefited more from the compromise.

  11. MORE COMPROMISES • 3/5TH COMPROMISE= THE COUNTING OF SLAVES FOR HOUSE SEATS • Art. I, Sec. II, para. 3 • North said slaves should not be counted as citizens • South said their smaller population would lead to North Domination. • THE ELECTORAL COLLEGE= INDIRECT ELECTION OF THE PRESIDENT • EACH STATE GETS ELECTORAL EQUAL TO # OF SEATS IN CONGRESS • MAJORITY ELECTORAL VOTE SELECTS THE PRESIDENT

  12. MORE • EXTENSION OF THE AFRICAN SLAVE TRADE 20 YEARS • TRADE BAN IN 1808. • Most states wanted to immediately end the importation of slaves • 1779 all states but deep South had outlawed the importation of slaves • SC/GA: Need slave labor for rice production. • INDIRECT ELECTION OF SENATORS • FEDERAL JUDGES APPOINTED NOT ELECTED

  13. CONSTITUTIONAL PHILOSOPHY

  14. STRICT CONSTRUCTION • READ THE CONSTITUTION AS WRITTEN. • DO NOT READ YOUR PERSONAL BELIEFS INTO THE CONSTITUTION. • DO NOT STRETCH THE CONSTITUTION. • VIEW THE CONSTITUTION AS A LIMITING DOCUMENT.

  15. LOOSE CONSTRUCTIONISTS • READ THEIR OWN BELIEFS INTO THE CONSTITUTION. • BELIEVE IMPLIED POWERS • ARE WILLING TO STRETCH THE CONSTITUTION.

  16. JUDICIAL ACTIVISTS • USE THE COURT TO LEAD SOCIAL AND POLITICAL CHANGE. • E.G. THE BROWN DECISION TO DESEGREGATE SCHOOLS.

  17. JUDICIAL RESTRAINTS • BELIEVE THE COURT SHOULD WAIT FOR CONGRESS TO LEAD THE WAY. • THEN AFFIRM THE REFORM. • THE COURT SHOULD NOT LEGISLATE THROUGH ITS DECISIONS.

  18. THE REHNQUIST COURT • IS SUPPOSED TO BE A RESTRAINTIST COURT. • THE WARREN COURT WAS AN ACTIVIST COURT

  19. THE WARREN COURT RULINGS • DESEGREGATED SCHOOLS • END PRAYER IN THE PUBLIC SCHOOLS • EXTENDED LEGAL PROTECTIONS TO THE POOR • ESTABLISHED THE RULE OF “ONE-MAN, ONE-VOTE.

  20. THECONSTITUTION OF THE UNITED STATES A CONSERVATIVE DOCUMENT

  21. NINE PRINCIPLES • 1) POPULAR SOVEREIGNTY= THE POWER TO GOVERN IS DERIVED FROM THE PEOPLE. “WE THE PEOPLE OF THE UNITED STATES….” • 2) FEDERALISM= POWER IS DIVIDED BETWEEN ONE NATIONAL GOVERNMENT AND SEVERAL STATE GOVERNMENTS.

  22. MORE PRINCIPLES… LIMITED GOVERNMENT • 3) SEPARATION OF POWERS= NATIONAL POWER IS DIVIDED BETWEEN 3 BRANCHES OF GOVERNMENT. • LEGISLATIVE= CREATES LAWS • EXECUTIVE= ENFORCES THE LAWS • JUDICIAL= INTERPRETS THE LAWS

  23. MORE… • 4) CHECKS & BALANCES= EACH BRANCH HAS THE POWER TO RESTRAIN THE OTHER BRANCHES. • 5) INDIVIDUAL LIBERTIES= THE BILL OF RIGHTS (FIRST 10 AMENDMENTS) PROTECT CITIZENS FROM THE POWER OF THE FEDERAL GOVERNMENT.

  24. MORE PRINCIPLES • 6) SUPREMACY OF CIVILIAN OVER MILITARY AUTHORITY • 7) NATIONAL SUPREMACY= NATIONAL AUTHORITY IS GREATER THAN STATE AUTHORITY.

  25. MORE… • 8) SUPREMACY OF THE CONSTITUTION • 9) FLEXIBILITY= THE CONSTITUTION IS AN OUTLINE OF GOVERNMENT. IT CAN BE CHANGED THROUGH INTERPRETATION.

  26. MORE… • RATIFIED IN 1789, IT HAS ONLY BEEN FORMALLY CHANGED 27 TIMES IN 216 YEARS. • CHANGED 1000’S OF TIMES BY NEW INTERPRETATION.

  27. Ratification Debate in the States: pro-Constitution advocates vs. Antifederalists • Special elections held in the various states for members of the ratifying conventions. • Four small states quickly ratified: DE, NJ, GA, CT • Constitution ("Great Compromise") favored small states in the Senate • Pennsylvania first large state to ratify • Massachusetts was the critical test • Three more states ratified: MD, SC, NH • Constitution officially adopted on June 21, 1788. • Last four states: Ratified because they had to; not because they wanted to.

  28. STRUCTURE OF THE CONSTITUTION • WRITTEN IN ARTICLES,SECTIONS, AND CLAUSES. • THE PREAMBLE= STATES THE REASONS FOR WRITING THE CONSTITUTION

  29. MORE… • ARTICLE I DESCRIBES THE LEGISLATIVE BRANCH (CONGRESS) • ARTICLE II DESCRIBES THE EXECUTIVE BRANCH (PRESIDENCY) • ARTICLE III DESCRIBES THE JUDICIAL BRANCH (SUPREME COURT)

  30. MORE… • ARTICLE IV DESCRIBES THE RELATIONSHIP AMONG THE STATES • ARTICLE V DESCRIBES THE AMENDMENT PROCESS. • ARTICLE VI GENERAL PROVISIONS= FEDERAL OFFICIALS SWEAR TO DEFEND THE CONSTITUTION • ARTICLE VII THE RATIFICATION PROCESS.

  31. TYPES OF POWERS • DELEGATED POWER= SPECIFICALLY GRANTED TO THE FEDERAL GOVERNMENT • RESERVED POWERS= HELD SOLELY BY THE STATES (10TH AMENDMENT) E.G. LAWS OF DIVORCE, LICENSES FOR DOCTORS…

  32. MORE… • CONCURRENT POWER= HELD BY BOTH THE NATIONAL AND STATE GOVERNMENTS. E.G. POWER TO TAX….

  33. MORE… • IMPLIED POWERS= BASED ON ARTICLE I, SECTION 8, CLAUSE 18… “THE ELASTIC CLAUSE” • POWER NOT CLEARLY STATED BUT “NECESSARY & PROPER” TO CARRY OUT OTHER DELEGATED POWERS. • E.G. REGULATE THE VALUE OF MONEY, REQUIRES A CENTRAL BANK.

  34. PART OF THE BASIC STRUCTURE • THERE IS A TENSION BETWEEN THE NATIONAL GOVERNMENT AND STATE GOVERNMENTS. • WHAT ARE THE LIMITS OF STATE AUTHORITY VS. NATIONAL AUTHORITY? • WHAT ARE THE LIMITS OF OUR RIGHTS?

  35. THE CONSTITUTION IS A LIVING DOCUMENT • RIGHTS EXPAND AND CONTRACT BASED ON CIRCUMSTANCES • THE SUPREME COURT THROUGH JUDICIAL REVIEW IS THE ULTIMATE JUDGE OF THE CONSTITUTION. • 9 JUSTICES DECIDE CASES BY MAJORITY VOTE.

  36. MORE… • THE SUPREME COURT IS A PERMANENT “CONSTITUTIONAL CONVENTION.”

  37. THE BILL OF RIGHTS • 1ST AMENDMENT • RELIGION • SPEECH • PRESS • ASSEMBLE • PETITION THE GOVERNMENT

  38. 2ND AMENDMENT • RIGHT TO KEEP & BEAR ARMS • WITHIN CONFINES OF A WELL REGULATED MILITIA?

  39. 3RD AMENDMENT • NO QUARTERING OF TROOPS IN PRIVATE HOMES IN PEACETIME • HAS NEVER BEEN VIOLATED UNDER THE CONSTITUTION

  40. 4TH AMENDMENT • PROTECTS AGAINST UNREASONABLE SEARCHES AND SEIZURES. • WARRANT IS REQUIRED • PROBABLE CAUSE MUST BE ESTABLISHED • WARRANT MUST BE SPECIFIC: WHAT & WHERE

  41. 5TH AMENDMENT • GRAND JURY INDICTMENTS • NO DOUBLE JEOPARDY • NO SELF INCRIMINATION • DUE PROCESS OF THE LAW

  42. 6TH AMENDMENT • SPEEDY TRIAL • RIGHT TO KNOW THE CHARGES • RIGHT TO CONFRONT WITNESSES • RIGHT TO FORCE WITNESSES TO APPEAR • RIGHT TO A LAWYER

  43. 7TH AMENDMENT • RIGHT TO JURY TRIAL IN CIVIL CASES

  44. 8TH AMENDMENT • NO EXCESSIVE BAIL OR FINES • NO CRUEL AND UNUSUAL PUNISHMENTS When I die. I want to be frozen. And if they have to freeze me in pieces, so be it. I will wake up stronger than ever, because I will have used that time, to figure out exactly why I died. And what moves I could have used to defend myself better now that I know what hold he had me in.

  45. 9TH AMENDMENT • RIGHTS NOT MENTIONED REMAIN WITH THE PEOPLE

  46. 10TH AMENDMENT • RIGHTS NOT GIVEN TO THE FEDERAL GOVERNMENT REMAIN WITH THE STATES AND THE PEOPLE

  47. BILL OF RIGHT ADDED • PART OF A COMPROMISE TO GET THE CONSTITUTION RATIFIED • PROPOSED BY CONGRESS • RATIFIED BY 1791

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