the constitution the final product. it can all be traced to the view of human nature... aristotelian...
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THE CONSTITUTIONThe Final Product
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IT CAN ALL BE TRACED TO THE VIEW OF HUMAN NATURE . . .
Aristotelian view – government should improve human nature by cultivating virtue
Madisonian view – cultivation of virtue would require a government too strong; self-interest should be pursued within limits
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PREAMBLE
States the purpose of the Constitution Creates a people of the United States Explains the reason for the Constitution
To form a more perfect Union – polite way of expressing the Articles of Confederation didn’t work
States the goals of the new government Fashions (or establishes) a government
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BASIC PRINCIPLES
Republicanism – form of government in which power resides in the people and is exercised by their elected representatives
Federalism – division of power between the national and state governments States give up only those powers necessary to
create an effective national government National government is limited to the powers
specified in the Constitution
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BASIC PRINCIPLES
Separation of powers – divides government power among three independent branches Ensures that power does not fall into the hands
of one person or single group Checks and balances – gives each branch of
government some scrutiny and control over the others
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THE ARTICLES
Article I – established legislative branch Lawmaking was considered to be the most
important function of the new government Lists enumerated powers (Article 1, Section 8) Necessary and proper clause – basis for
Congress’s implied powers Article II – established the executive branch
Outlines electoral college, presidential powers and responsibilities
Article III – established the judicial branch
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THE ARTICLES
Article IV – full faith and credit clause & admission of new states
Article V – amendment process Article VI – supremacy clause
national government is supreme to the governments of the states
Article VII -- ratification
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SLAVERY & THE CONSTITUTION Three-fifths compromise – resolved the issue
of representation in the House Rule reflected the view that slaves were less
efficient producers of wealth than free people Gave the South 47% of the House seats
Delegates agreed to not ban the slave trade for 20 years
Fugitive slaves were to be returned to their master
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FORESHADOWING . . .
Every master of slaves is born a petty tyrant. [Slaves] bring the judgment of heaven on a Country. As nations can not be rewarded or punished in the next world they must be in this. By an inevitable chain of causes & effects, providence punishes national sins, by national calamities.
-- George Mason
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SELLING THE CONSTITUTION: THE FEDERALIST PAPERS85 essays written primarily by James Madison and Alexander Hamilton that gave arguments supporting ratification
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WHAT ABOUT THE ANTIFEDERALISTS? National government would be distant from
the people Strong national government would use
powers to limit state functions Needed more restrictions on the national
government
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WHERE WAS A BILL OF RIGHTS? Many prominent citizens were displeased
that the Constitution did not include a Bill of Rights HAMILTON: there is no way to list all citizens’
rights; a partial list would leave those omitted rights vulnerable to government abuse
Most states already had a Bill of Rights Constitution intended to limit the power of
the federal government
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CONSTITUTIONAL GUARANTEES WITHOUT A BILL OF RIGHTS Habeas corpus – cannot be held without
cause No bill of attainder – no punishment without
a trial No ex post facto law – acts cannot be made
illegal after the fact Trial by jury in criminal cases Citizens of each state guaranteed the
privileges and immunities of citizens of every other state
No religious test for federal office