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The Constitution and the Founding

The Constitution and the Founding. Purpose of a Constitution?. The Articles of Confederation – Adopted November, 1777. Little more than a loose alliance between the states Specific Features. Articles of Confederation. Other problems: Economic Conditions Political Conditions.

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The Constitution and the Founding

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  1. The Constitution and the Founding • Purpose of a Constitution?

  2. The Articles of Confederation – Adopted November, 1777 • Little more than a loose alliance between the states • Specific Features

  3. Articles of Confederation • Other problems: • Economic Conditions • Political Conditions

  4. The Problem: How best to secure liberty? How much power should government have? Proposal One: The Virginia Plan Proposal Two: The New Jersey Plan The Great Compromise

  5. Principles embodied in the Constitution • Popular Consent • Rule of Law • Republicanism • National Supremacy (Supremacy Clause – Article VI) • Federalism • Separation of powers • Checks and Balances

  6. Examples of Checks & Balances • Congress – How can Congress check the powers of the other branches? • President – How can the President check the powers of the other two? • Supreme Court – How can the Court check the powers of the other two?

  7. Background: James Madison and the “Federalist Papers” • Factions and the “tyranny of the majority” • Solution:

  8. Federalists versus Anti-federalists • How is liberty best achieved?

  9. Powers granted by the Constitution • Delegated • Reserved • Implied • Affirmed in McCulloch v. Maryland (1819)

  10. Specific Limitations placed upon the Federal Government • Cannot suspend writ of habeus corpus • Cannot pass a bill of attainder • Cannot pass an ex post facto law

  11. Changing the Constitution

  12. The Missouri Constitution • 1820 • 1865 • 1875 • 1945

  13. How Democratic is our Constitution?

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