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Ch. 2: The Constitutional Framework

Ch. 2: The Constitutional Framework. Roots of American Law. English Heritage Natural Rights Theory & John Locke The Revolutionary Philosophy & the Declaration of Independence Common law. Roots of American Law, cont. Colonial Governments Mayflower Compact Legislatures

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Ch. 2: The Constitutional Framework

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  1. Ch. 2: The ConstitutionalFramework

  2. Roots of American Law • English Heritage • Natural Rights Theory & John Locke • The Revolutionary Philosophy & the Declaration of Independence • Common law

  3. Roots of American Law, cont. • Colonial Governments • Mayflower Compact • Legislatures • Bicameral vs. Unicameral

  4. The Articles of Confederation (1781) • Our first “constitution” • State-centered; weak national government • “League of friendship” between states • Major decisions required unanimity • No compulsory tax power • “. . . a half-starved, limping Government that appears to be always moving upon crutches, and tottering at every step.” -GW

  5. Time for a change • The Annapolis Convention (1786) • Alexander Hamilton • Call for a Convention, Philadelphia, 1787 • Shays’ Rebellion-Massachusetts

  6. The Philadelphia Convention, May-September, 1787 • “Revise and extend” the Articles of Confederation • The Delegates • George Washington • James Madison, the “Father” • Benjamin Franklin, Alexander Hamilton • Non – Delegates: • Patrick Henry • Thomas Jefferson • Rhode Island

  7. The Scene: Philadelphia • “Not a pleasant place” • President Washington • Rule of secrecy

  8. The Issues: Legislative Power • Madison’s VIRGINIA PLAN • Bicameralism • Paterson’s NEW JERSEY PLAN • Sherman’s CONNECTICUT COMPROMISE

  9. The Issues: Slavery and Apportionment • Taxation & Legislative Representation in the Constitution • The Three-fifths Compromise

  10. Signed Sept. 17, 1787 “A Republic, if you can keep it. . .”

  11. Ratification • Art. VII required 9 states to ratify • Federalists v. Antifederalists

  12. The Federalist Papers • Alexander Hamilton • James Madison • John Jay

  13. Ratification • New Hampshire makes 9 • Virginia and the Bill of Rights • New York

  14. Structures in the Constitution • Separation of Powers (3 branches) • Aristotle, Baron de Montesquieu • Checks & Balances • Deliberate inefficiencies • Parties & Divided Government

  15. Judicial Review • Marbury v. Madison, 1803 • John Marshall • Writ of Mandamus

  16. Amending the Constitution • Proposing Amendments: • By 2/3 vote of both houses of Congress or • A national convention called by 2/3 of states • Ratifying Amendments: • Legislatures of ¾ of the states or • Ratifying conventions in ¾ of the states • Examples: ERA; 27th Amendment

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