Ch 2 - The Constitution

Ch 2 - The Constitution

Ch 2 The Constitution Read Pages 30-32, the story about flag burning. How does the Johnson vs.. Texas case demonstrate the tension between majority rule and minority rights? Bullet point your essay. A. Why did the court rule to protect an unpopular act like flag burning? B. . Address the role of the constitution as basic law vs.. any other laws.

Purposes of a Constitution 1. A nations basic law 2. Creates political institutions defines relationship between these 3. Allocates power - 3 branches, plus state v federal 4. May protect citizens rights What led up to the Declaration of Independence?

Were the colonists oppressed? Oppressed? (other than slaves and indentured servants) Relatively prosperous 1770s condition of the colonists? Free? Oppressed? Freer than Europe, but French and Indian War debt. Who shall pay?

Who shall pay to defend all British holdings? Relationship between the colonists and the Parliament. No representation! Colonists were used to Democratic local control Boston Tea Party Its all about taxation without representation Steps toward open revolt

Boston First Continental congress 1774 Declaration of Independence 1776 Appeal to the French for help

Ideas Borrowed from the English

Natural rights life, liberty, and the pursuit of happiness Protection of property Rule of law including a written law code Limited government Popular sovereignty (consent of the governed) Right to revolt

Declaration of Independence Lockes Social Contract Popular Sovereignty

Natural Rights, consent of the governed, purpose of government, limited government, right to revolt Jeffersons American Political Creed Table 2.1 Declaration vs. Jn. Locke

Self evident truths Inalienable rights or natural rights Purpose of government protect rights People grant to government the right to exist

(popular sovereignty) Limited government with standing laws and protection of property Why was the American Revolution considered to be a conservative revolution? As compared to the Russian or Chinese revolutions. Was the social class

structure challenged or changed? Articles of Confederation 1st USA Constitution A national government dominated by the states Fear of a strong national government What is a confederation?

Evaluating the Articles of Confederation 1st American Constitution Strengths Weaknesses Strengths and Weaknesses of the Articles of Confederation

Strengths Open trade state to state

Postal system Make war and peace Currency system Build a navy Democratic system Borrow money Weaknesses One vote per state

No supreme court or judicial branch No president or executive branch No power to tax Could not regulate interstate trade Debt, but no way to pay Amendments take unanimous vote

Cant force the state to do anything 9/13 vote to pass anything Economic Issues that led to the Re-Writing of the constitution

Inflation and stagnate economy States issuing own currency States charging tariff on interstate trade Revolutionary War debt still unpaid National government could not raise revenue

The elites, business, bankers, plantation owners demanded change Worried that the mob was taking over Feared redistribution of wealth by elected reps of farmers and tradesmen Social and Political Changes that brought on the writing of a new constitution Shays Rebellion

Stop foreclosures Challenge banks A Call for a New Constitutional Convention - 1787 The Founding Fathers What kind of men were they? 55 Gentlemen

Bankers and businessmen Plantation and slave owners Lawyers 31 with college degrees

39 members of the original continental congress Men of wealth and position - Feared the democratic mob. Yet strongly influenced by the enlightenment ideas of democracy and basic human rights. Fear of the democratic mob Power shift in the states

Economic inequities Economic depression Inflation Bills of individual rights in many states

Social class power shift rise of the lower classes Philosophical Agreements of Founders Human nature men are self interested love power and money (Franklin) government needed to contain greed Pure greed cant stop it

All mine no sharing What is the source of political conflict? Madison Federalist paper #10 Factions Income inequities, Have vs. Have nots Either rich or poor may try to seize the government for their own interests Gov. Morris of Penn. The Object of

Government? Preservation of Property #1 (Locke) All Mine Hands Off! 3 Early Decisions 1. Dump the Articles of Confederation 2. Work in secrecy 3. Form a new government with 3 branches

Executive Judicial Legislative Montesquieus idea of balanced government The New Constitution A Bundle of Compromises Constitution was built on compromise This meant every delegate could find something

he did and did not like Three-Fifths Compromise Slave Trade Compromise Connecticut Compromise Electoral College Compromise Areas where They Failed to Reach Compromise

1. Slavery 2. Voting rights Senatorial Privileges Confirm presidential nominations Ratify treaties Remove the president or federal judges Only the house can initiate new taxes and impeachment

Why would the Southerners want slaves to count as a full person? Commerce and Slave Trade Compromise What does the south give up? What about the north? No slave trade after 1808

No tax on exported products No Compromise on Voting rights Left up to the states Poll tax Grandfather clause purging of registration voter suppression no voting for past felons voter ID laws targeting of foreign sounding names

Economic Issues in the Constitution See chart Page 47 Economic Restrictions No state currencies No tariff on interstate trade Full faith and credit recognize contract across state boundaries

Return runaway slaves 3 Issues of Equality Were they settled? In a fair way? Slavery? Equality of the states Political equality - voting James Madison the Architect

Also eventually wrote the Bill of Rights Feared the tyranny of the majority Also feared domination by one or a small group, so he created the separation of powers and checks and balances. Set limits on the direct input of the majority on the government Electoral college

Indirect election of Senators Lifetime tenure for judges Ratification The Great Debate Bill of Rights the final compromise Federalists: Favored ratification of the Constitution Favored powerful

federal government Saw Bill of Rights as unnecessary because federal powers were limited The Federalist Papers Anti-Federalists Opposed ratification of

the Constitution Wanted weak federal government that would not threaten states rights Wanted Bill of Rights to declare and protect the rights of the people Ratification:

Federalists promise addition of a Bill of Rights Ratification succeeded, new government formed 1789 James Madison drafts 10 amendments to the Constitution. These become the U.S. Bill of Rights

At stake individual rights and the role of the national government in economic development The Clash Over Individual Rights Some protections built into the constitution Writ of habeas corpus No bills of attainder (trial without jury)

Ban on ex posto facto No religious qualifications for office Treason strict evidence requirement But the Anti-Federalists wanted more Eventually Bill of Rights written by Madison to satisfy the anti federalists and secure ratification by all 13 states Federalists vs.. Anti Federalists on Economic Power

Federalists want a government that can promote and guide economic development Hamilton

Congress gains clear new economic powers to Tax and borrow Build infrastructure (interstate trade) Standard weights and measures Punish pirates Protect patent and copyright

Regulate interstate and foreign trade Create the conditions for business to flourish Checks and Balances Favors gridlock difficult to take dramatic action Necessity of compromise The Federal System Further Disperses Power Powers divided between the 3 branches

Marbury v Madison decision cements the check and balance system The Supreme Court can declare laws and actions of the executive branch unconstitutional Ratification process 9 of 13 states needed

Changing the Constitution: Formal Amendments Bill of rights + 17 = 27 Both federal and state government involved reflects federalism President and supreme court no formal involvement

15,000 attempts made 33 got through Congress 27 ratified The Formal Amendment Process The 5 Informal Amendment Processes

Basic Legislation Executive Actions Court Decisions Judicial Review Party Practices Traditions or customs

1. Basic Legislation All federal courts except Supreme court created by Congress. Basic Leg. Also creates agencies, departments 2. Executive Actions Reagan orders invasion Executive Agreements Handshake agreements

3. Party Practice Nominating Conventions 4. Custom or Tradition The Cabinet 5. Judicial Review Supreme Court is like a constitutional

convention in continuous session. Other Factors Leading to Change Technology? U.S. role as a superpower Globalization of the economy Seminar on the Remainder of the Chapter

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