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Unit 1: Constitutional Underpinnings

Unit 1: Constitutional Underpinnings. Chapter 2: The US Constitution. US Constitution Path to the…. Defined : A nation’s basic law. It creates political institutions, assigns or divides powers in government, and often provides certain guarantees to citizens. It can be either written or not!

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Unit 1: Constitutional Underpinnings

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  1. Unit 1: Constitutional Underpinnings Chapter 2: The US Constitution

  2. US Constitution Path to the… • Defined: A nation’s basic law. It creates political institutions, assigns or divides powers in government, and often provides certain guarantees to citizens. It can be either written or not! • Origins: • Greeks: direct democracy & idea of citizenship • Romans: Republic & expanded citizenship • England: with forced signing of Magna Carta (from absolute to limited monarchy), Glorious revolution, signing of English Bill of rights, first to bring representative democracy to Europe (Parliamentary system) • Philosophies of Hobbs, Locke, Rousseau, & Montesquieu • Those ideas were placed on ships and brought over to the colonies and turned into action shortly after winning the revolutionary war

  3. US Constitution Path to the… Origins cont… • Colonial relations with England originally good, England got special deal on resources and prices, colonies got mostly self-rule due to distance from King • Relations go sour due to French Indian War, and taxes placed as result of war’s debt • After many clashes, taxes, protests, the colonies Declare Independence & go to war against England • Documents like Declaration of Independence & Common Sense help tilt the colonies towards independence and successful break from England • The 2nd Continental Congress orders the formation of Articles of Confederation to unite the former 13 colonies

  4. US Constitution Path to the…Origins cont… • Articles was weak, unicameral congress with no real powers, no president, no courts, all the power was in each state legislature, all had to agree for changes, 1 vote per state • Shay’s Rebellion rings the warning bell, and lack of attendance at Annapolis Convention led to call for Constitutional Convention in Philadelphia summer of 1787 • May 1787: 55 delegates from 12 states show (RI skips), were all white male, college educated, mostly affluent, urbanites, from mostly coastal states

  5. I. US Constitution: need to know…Philosophers’ influence • A. 4 part philosophy behind the Constitution: • 1. Human Nature: influenced by Hobbs; man is greedy, his pursuit of self-interest for power & money can ruin life for all others, therefore government should play a role in containing natural self-interest of people. • 2.Political Conflict: the distribution of wealth is the source of political conflict, arising from these sources are factions (parties, interest groups), if unchecked one of these factions will tyrannize the other, which will lead to instability, tyranny and even violence; the effects of factions had to be checked. • 3. Objects of government: preservation of property must be the principal object of government • 4. Nature of government: a limited government with separation of powers and checks & balances

  6. II. US Constitution: need to know…Agenda of Convention: • A. Equality issues: • 1. Equality & Representation of the States: Virginia plan proposed, countered with New jersey plan, and settled with Connecticut Compromise (Great, Sherman) • 2. Slavery: 3/5th compromise settled slave population mainly in the south for both representation & taxation, and importation of slaves must cease by 1808, & Fugitive Slave Act • 3. Political inequality: who could vote, all citizens or only property owners left up to states, if you could vote in own state elections then you could for national election as well • B. Economic issues: states taxing each other, worthless paper money, recession, some of it addressed by commerce slave trade compromise, many expressed powers of article one to deal with economic issues

  7. II. US Constitution: need to know…Agenda of Convention cont… • C. Individual rights: • 1. Writ of Habeas Corpus • 2. No bills of attainder by national or state govt. (punishment without trial) • 3. No Ex Post Facto Law • 4. No religious litmus test when running for office • 5. Strict rules for conviction of treason; either confession in court or 2 witnesses • 6. Right to jury trial in criminal cases

  8. III. US Constitution: need to know…Madisonian Model: • A. Born out of fear of factions controlled by either majority or minority to seize government & use it for own self interest: • 1. Limiting Majority Control: only House of Rep. in direct control of majority; state legislatures picked Senators who served for 6 years; Presidency chosen by Electors, Judges chosen by President for life! • 2. Separation of Powers: 3 branches separate fro one another sharing the power • 3. Checks & balances: due to sharing of power each branch needs the consent of the other two for its actions • 4. Federal System: further division of power between national, state & local governments • B. It was set up so change would be slow & difficult; it encourages moderation & compromise making it difficult for factions/groups to tyrannize.

  9. US Constitution: Path to the…Ratification! • Federalist vs. anti-federalists: beginning of political parties • Federalists wrote their essays in the Federalist Papers defending the Constitution • Anti-Fed: saw it as illegal, only meant to change Articles, drafted in secrecy, favored economic elites, lack of a Bill of Rights • Agreement: BOR will be added if Constitution ratified now! Madison put it together from many state BORs • Federalists demanded ratification by special convention route; 9/13 had to approve for it become binding: • Delaware 1st state to ratify • Georgia 4th • New Hampshire 9th • NY & VA 10th & 11th • NC & RI only after promise of a BOR

  10. IV. US Constitution: Path/need to knowChanging of Constitution: • Formal way: Path to the … • Proposal: • 2/3 vote in each house of US Congress • National convention requested by 2/3 of the states • Ratification: • ¾ vote by state legislatures • State convention vote of ¾ of states • A. Informal: Need to know… • 1. Judicial Interpretation: through judicial review striking down actions of other two branches • 2. Legislative actions on all levels of government (law) • 3. Political parties development, agenda, and its roles in electing President • 4. Technology: mass media alerting us, bureaucracy growing, President’s many new weapons giving more power

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