Ch . 02 The Constitution

1. Ch. 02 The Constitution

2. Written by Thomas Jefferson • Inspired by John Locke • D of I opens with Jefferson invoking Locke philosophy… “Life, liberty, pursuit of happiness” • Jefferson continues by listing grievances against George III for violating inalienable rights • Declares US independence Declaration of Independence

3. Unitary System – all power flows from one central government Powerful British Government British Colonial Rule Political Subunits (Colonies) Political Subunits (Colonies) Political Subunits (Colonies)

4. 1781 – 1789 – RIP Confederate System – power concentrated in political subunits (states) with a weak central government (typically unite for a common goal) HEFTYHEFTY State State State Articles of Confederation Wimpy, Wimply. Central Government

5. Federal System – powers are divided and/or shared between state and central governments (Current gov’t designed by framers) Central US government State governments Constitution

6. 1781-1789 • Original American government system • Weak central government Individual and state liberties not threatened • No executive (they hated kings) • Confederacies are usually unstable Articles of Confederation

7. Article II – “Each state retains its sovereignty, freedom, and independence.”Central government had 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. (Basically it asked for charity!!!!) A of C – Weaknesses

8. Colonies were in debt after the war, central governmenttried to raise taxes • Farmers in western Massachusetts rebelled against taxes they could not afford • Rebelled against foreclosures, forced judges out of court, freed debtors from jail • Showed that national governmentwas weak, needed to seek a stronger national government. Shays’sRebellion

9. 1787 • Revising the A of C • Demographics of Delegates -55 delegates (none from RI) -33 Lawyers -half were college graduates -7 former governors -7 plantation owners -8 business leaders -age 26-81 (avg. age 42) -all male, all white The Constitutional Convention

10. Favored large states • Strong central government • Bicameral (two house) legislature – larger house elected by the people (House of Representatives, and a smaller house that was selected by larger house (Senate) • (This would change in the 17th Amendment) Virginia Plan

11. New Jersey Plan • Agreed with strong central government…BUT • Congress would be unicameral (one house) with states having equal votes • Did not want large population states to dominate the legislature New Jersey Plan

12. A bicameral legislature in which the House of Representatives membership apportioned according to the state populations, plus 3/5 the slave population • An upper house, the Senate, which would have two members from each state, elected by the state legislature (popularly elected today) Great Compromise (Connecticut)

14. Agree to allow the South to count 3/5 the population in each state to balance the power of North and South Three-fifths Compromise

15. Popular Sovereignty – power to govern belongs to the people. A government based on the consent of governed. • Separation of Powers – division of government divided by branches: executive, legislative and judicial. • Checks and Balances – a system where branches have some authority over others. • Limited Government – governmentis not all-powerful, and it does only what citizens allow. • Federalism – division of power between central government and individual states. Madisonian Principles of Government in the Constitution

16. Prevents an all-powerful ruling body • Legislature – passes law (Congress) • Executive – enforces law (President) • Judiciary – interprets law (Supreme Court) Separation of Powers

17. Meant to be difficult • Require action from national and state gov • Amendment proposed by 2/3 vote in each house of Congress and ratified (accepted) in at least ¾ of state legislatures Amending the Constitution

18. Ratification – formal approval • Federalist – in favor of adoption of US Constitution creating a federal union and strong central government • Anti-Federalist – opposed to ratification in 1787, opposed to strong central government Fed vs. Anti-Fed

19. Annoyingly hard to read • Best political theory ever written in United States. • Written by Alexander Hamilton, James Madison, and John Jay • Publius • Convince public for ratification Federalist Papers

20. Madison addresses biggest fear of government. • 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 • Madison defends our national Constitution Federalist #10

21. 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. Federalist #10

22. Central government would threaten liberty • Aristocratic tyranny could happen • Demanded a guarantee of individual rights and liberty • States power was too limited Anti-Fed Response

23. 10 amendments to the Constitution • guaranteed individual freedoms and rights • limited power of national government, guaranteed rights to states • Ratified in 1789, Bill of Rights added 1791 Bill of Rights