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STUDENT NOTES THE CONSTITUTION PART 1

STUDENT NOTES THE CONSTITUTION PART 1. 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 ”. PHILOSOPHERS INSPIRE.

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STUDENT NOTES THE CONSTITUTION PART 1

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  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.

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