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Lecture 3: The American republic and Constitution. Origins of Republicanism in the US. Republicanism = Idea that the people (through their representatives) can rule themselves. I. Models from Antiquity. The rise of Greek city-states (800-500 BC) Athens--small, turbulent, and “democratic”
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Origins of Republicanism in the US Republicanism = Idea that the people (through their representatives) can rule themselves
I. Models from Antiquity • The rise of Greek city-states (800-500 BC) • Athens--small, turbulent, and “democratic” • The Roman Republic • creation of the “Senate”--indirectly representative govt. • large, powerful, lasted 100s of years • as American ideal--politics, art, architecture, legend
II. Experience of Self-rule • A history of administering their own affairs for almost 150 years Virginia House of Burgesses
Creation of a Republican national govt • An “experiment” in republican govt--many expected to fail • Americans’ sense of state identity, and fear of centralization • First try: The Articles of Confederation (drafted in 1777)
Article I. The Stile of this Confederacy shall be "The United States of America." • Article II. Each state retains its sovereignty, freedom, and independence. . .
Features/Weaknesses of the Articles of Confederation • No U.S. judiciary to settle disputes between states • No real executive power to carry out or enforce federal (national) laws • 9 of 13 states needed to approve legislation • No power to collect taxes directly • No power to raise an army directly
Another attempt at a federal (national) govt • 1787 States agree to send reps to Philadelphia to amend Articles • Debates and compromises: • Virginia Plan vs New Jersey Plan • Senate and House apportioned differently • Slavery and direct taxation/representation • “the 3/5 compromise” • Federalists vs Anti-federalists • Bill of Rights added
Madison and the Principles of the Constitution • 1: Republicanism--not quite democracy “democracy is the most vile form of government... democracies have ever been spectacles of turbulence and contention: have ever been found incompatible with personal security or the rights of property” • 2: Federalist Papers 10 & 51 • “ambition to counteract ambition” in checks and balances • “cross-cutting cleavages” of a large republic
Review of U.S. Constitution (1789) • Preamble • “People” not “States” • Article 1 (Article, Section, Clause) • Congress • Sec 2--House of Representatives • Pg 3 • 3/5 rule
Article I, cont’d • Sec 3--Senate • Pg 1 • --representing state, elected by state legislature • Sec 8--Powers of Congress • raise taxes, raise army, regulate commerce among states, necessary and proper • Sec 9--Restraints on Congress • banning slave trade, suspend habeas corpus, create nobility
Review of U.S. Constitution • Article 2--Presidency and electoral college • Article 3--Federal Judiciary • Article 4--Full faith and credit, fugitive slave • Article 5--amendment formulas • Article 6, Pg 2--”Supremacy Clause” • Article 7--Ratification
Bill of Rights • Amend 1--religion and speech • Amend 2--guns • Amend 4--search and seizure • Amend 5--double jeopardy, self-incrim, due process • Amend 6, 7--trial procedure--jury trial, counsel • Amend 8--Cruel and unusual, excessive bail • Amend 9,10--non-specified rights remain with the states and people