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The Constitution

Chapter 2, 3, 4
by

Eric Austin

on 18 February 2015

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Transcript of The Constitution

Governmental Structure
Unicameral Congress
Powers of Congress
could make war and peace...
State Obligations
pledged to obey the Articles and acts of Congress
Weaknesses
one vote for each state, regardless of size
Articles of Confederation
November 15, 1777
"a firm league of friendship"
delegates chosen by states...
Each state had ONE vote
send and receive ambassadors...
make treaties...
borrow money...
establish post offices...
build a navy...
raise an army by asking states for troops...
settle disputes among states...
provide funds and troops requested by Congress
treat citizens of other states fairly
powerless to lay and collect taxes or duties
powerless to regulate trade
no executive branch
no court system
amendment only with consent of ALL states
9/13 majority to pass laws
Critical Period
Treaty of Paris (1783)
states bickered amongst themselves...
refused to support the new government
organized their own military forces
economic chaos between states
Shays' Rebellion
fear of a strong national government
fear that some states would dominate others
Bundle of Compromises
Ratifying the Constitution
New Jersey Plan
Who attended the Philadelphia Convention?
The Convention Begins...
Virginia Plan
55 delegates
George Washington
most respected and honored man in the country
James Madison
wrote the Virginia Plan
Ben Franklin
Alexander Hamilton
Ignore instructions from Congress
Working in Secrecy
George Washington elected Convention President
worked on creating a NEW Constitution
kept the record secret for 30 years
free exchange of idea...
better chance of being accepted...
James Madison
http://avalon.law.yale.edu/subject_menus/debcont.asp
"Father of the Constitution"
Legislative
Executive
Judicial
Bicameral...
representation based on population
House of Representatives
Senate
popular elections
chosen by state legislatures
"Council of Revision"
"general authority to execute the laws"
"consist of one or more supreme tribunals"
James Madison
Edmund Randolph
Legislative
Executive
Judicial
William Paterson
Unicameral...
each state equally represented
chosen by Congress
"supreme tribunal"
appointed by the Executive...
How should the states be represented in Congress?
Connecticut Compromise
Three-Fifths Compromise
should slaves be counted in the population of slave states?
Commerce & Slave Trade Compromise
Senate
House of Representatives
equal representation
proportional representation
"three fifths of all OTHER persons"
Congress was forbidden from taxing exports
forbidden from acting on the slave trade
Federalists
Anti-Federalists
James Madison
Alexander Hamilton
Patrick Henry
Richard Henry Lee
John Hancock
Samuel Adams
Arguments...
greatly increased powers of the central government
lacked of a bill of rights
stressed the weaknesses of the Articles...
http://thomas.loc.gov/home/histdox/fedpapers.html
Federalist Papers

Principles of the Constitution
Constitution is built around 6 basic principles
Limited Government
Separation of Powers
Checks & Balances
Judicial Review
Federalism
Popular Sovereignty
The people are sovereign
"We the People"
consent of the governed...
no government is all-powerful...
Constitutionalism
government must obey the law
distributes the power of the federal government
"All legislative powers herein shall be vested in..."
"The executive powers shall be vested in..."
"The judicial power of the United States shall be vested in..."
each branch is subject to a number of constitutional checks by the other branches
power of courts to determine whether what government does is constitutional
Marbury v. Madison (1803)
division of power among a central government and several regional governments
Division of Powers
Exclusive Powers
Concurrent Powers
Reserved Powers
Federalism
Why did the framers prefer federalism?
1. governmental power poses a threat to individual liberty
2. the exercise of governmental power must be restrained
3. federalism curbs governmental power and so prevents abuse
What is federalism?
divides powers of government between a central & regional governments
10th Amendment
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Expressed Powers: specifically listed in the Constitution
Implied Powers: powers implied by the expressed powers
Inherent Powers: belong to the national government because it is a national government
exercised by the national government alone
coin money
regulate interstate trade
raise & maintain armed forces
declare war
conduct foreign relations
powers that both national government & states exercise
levy & collect taxes
borrow money
establish courts
define crimes
powers not given to the national government & not denied to the states
establish public schools
pass license requirements
regulate alcohol
establish local government
Supremacy Clause
http://www.usconstitution.net/const.html#Article6
Article III
Article IV
Article VI
Article V
Article II
Article I
Judicial Branch
http://en.wikipedia.org/wiki/Article_Three_of_the_United_States_Constitution
Relations Between States
Full Faith & Credit Clause
Amendment Process
Supremacy of National Law
Supremacy Clause
Legislative Branch
http://en.wikipedia.org/wiki/Article_One_of_the_United_States_Constitution
Executive Branch
http://en.wikipedia.org/wiki/Article_Two_of_the_United_States_Constitution
Ratification
"The ratification of the Conventions of NINE states, hall be sufficient for the Establishment of this Constitution between the States so ratifying the same."
Articles of the Constitution
Article VII
Proposing an Amendment
Ratifying an Amendment
Proposed by 2/3 vote in House & Senate
Proposed at a national convention called by Congress
requested by 2/3 of state legislatures
Ratified by state legislatures of 3/4 of states
Ratified by conventions held in 3/4 of states
Change by other means...
Congressional Legislation
Executive Action
Supreme Court Decisions
Political Party Practices
Custom
http://en.wikipedia.org/wiki/Article_Five_of_the_United_States_Constitution
dual system of government...
Delegated Powers
"necessary & proper clause"
Constitution & Federal Law are "Supreme Law of the Land"
"public acts, records, and judicial proceedings of every other state."
Privileges & Immunities Clause
no state can draw unreasonable distinctions between its own residents and those people in other states
Extradition
returning a fugitive to the state in which the crime was committed
House of Representatives
Senate
Article
Section
Clause
Powers of Congress
"All legislative Powers herein granted shall be vested in a Congress"
President
Vice President
Presidential Powers
Supreme Court
Jurisdiction
Admitting New States
only Congress may admit new states
"This Constitution and the Laws of the United States ... shall be the supreme Law of the Land"
no money and no power to get it
no power over state governments or citizens
unenforceable trade agreements
unfair competition among the states
Daniel Shays led rebellion against Massachusetts
Proportional
"Great Compromise"
1. Civic virtue of the people cannot be relied upon alone to protect basic rights
John Jay
2. The way the government is organized will protect basic rights
3. The representation of different interests in the government will protect basic rights
Arguments
George Mason
gave too much power to the Executive Branch
"necessary and proper clause" gave Congress too much power
it did not adequately separate the powers of the branches
United States Constitution
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