The Constitution

Chapter 2

The Path to Independence

French and Indian War – Figure 2.1 page 33 Colonial resentment to taxes Enlightenment John Locke’s Treatise of Civil

Government (1689) and Natural Rights – Life, Liberty, Property-Government exists to secure these and must be built on the consent of the governed – Table 2.1 page 36

Therefore, laws should be written and government should not take property without consent

Declaration of Independence.

Colonial leaders met in 1775-1776 as the Continental Congress

Declaration of Independence formally adopted on July 4th

Written by Thomas Jefferson- it is both political and philosophical

Includes the philosophy of Locke, Rousseau and Montesquieu

Life, Liberty and property (natural rights)-consent of the governed

Unalienable rights leads to limited govt

The Articles of Confederation

Continental Congress appoints a committee Adopted in 1777, but not into effect until

1781- lasted until 1789 main problems with the Articles

State Gov. stronger than central No chief executive No court system for disputes Unicameral Congress (every state 1 vote) States could impose tariffs on each other Passed Northwest Ordinance in 1787 Amendments required unanimous vote

Shay’s Rebellion

Daniel Shays- veteran of the American Revolution- Farmer in debt

Led an insurrection against Massachusetts government after farm was auctioned

National government could not respond Shays’ army was defeated by the state militia

after a year

The Constitutional Convention of 1787

55 delegates were commissioned to REVISE the articles

Delegates came up with 2 major compromises; resulted in new Constitution Great Compromise- Bicameralism-

Connecticut plan- It merged the New Jersy and Virginia Plan

Three Fifths Compromise- Slave Representation- fugitive slave law extended and ban on slave trade in 1807

No tariffs between states on exports Table 2.4 on 147

Rights within Constitution

Writ of Habeas Corpus Bills of Attainder ex post fact laws no religious qualifications for holding office trial by jury in criminal cases

8

Federalist Papers 1788

Written by Hamilton, Jay and Madison Outlined reason for ratification Major point: the necessity of a government that

would be forced to compromise because of separation of powers

Argued that the Constitution did not need a bill of rights since it had a built-in safeguard

#10- “tyranny of the majority” - factions #47 - separation of powers, checks and balances

protect liberty #51- 3 branches are independent; Bicameralism

protects the people 8

Madisonian Model – The Constitution Limiting majority control- only one is House

figure 2.2 Separation of Powers- three branches

independent of each other- not divided absolutely but shared

Checks and balances – sets power against power

Figure 2.3 VERY IMPORTANT

Legislative Powers Collect Taxes, Pay Debts, Borrow Money, Coin

Money Regulate interstate and foreign commerce Establish army, Declare War “necessary and proper” clause

AKA the “elastic clause” “make all laws which shall be necessary and

proper for carrying into Execution the foregoing Powers…”

Enables Congress to change with time Example: National Bank McCulloch v. Maryland

10

Supremacy Clause

1. Constitution = supreme law of land

2. National Laws

3. Treaties

Significance = Gives national government supremacy over states in court

11

Executive Powers

“Chief executive” “Commander-in-Chief” Sign or veto legislation Sign treaties Appoint officials and Justices Grant Pardons and reprieves

12

Powers Terminology

Enumerated/Delegated – specifically listed Implied/Inherent- expand the scope of the

three branches Implied in Congress is the elastic clause Concurrent = Federal and State

Courts Taxing Law enforcement

Formal Amendment process

2 ways to propose

1. 2/3 vote in each house of Congress

2. National Convention requested by 2/3 of the states

2 ways to ratify

3. ¾’s state legislatures vote to pass it

4. ¾’s state Conventions can vote to pass - Figure 2.4

Informal Change over time

Two party system Abortion- no where in constitution Electoral College is bound to vote where their

state goes Senate and House on Television Taxes and spends A LOT more

Judicial Power

All judicial power in a Supreme Court and “inferior courts” established by Congress

Marbury V. Madison Marbury was appointed by John Adams Never received it because of Madison 1803- Chief Justice John Marshal Judicial Review- power of courts to declare

acts of Congress Unconstitutional