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Copyright © 2014 Cengage Learning THE CONSTITUTION Chapter Two.
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Transcript of Copyright © 2014 Cengage Learning THE CONSTITUTION Chapter Two.
Copyright © 2014 Cengage Learning
THE CONSTITUTION
Chapter Two
Copyright © 2014 Cengage LearningCopyright © 2014 Cengage Learning
Learning Outcomes
1. Explain the theoretical and historical factors that influenced the writers of the U.S. Constitution.
2. Describe the structure of the Articles of Confederation and explain why the confederation failed.
3. Identify and explain the compromises made by the delegates to come to agreement on the U.S. Constitution.
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Learning Outcomes
4. Explain the rationale for and give examples of the separation of powers and the checks and balances in the United States Constitution.
5. Demonstrate understanding of the formal and informal processes for amending the constitution.
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Introduction
U.S. Constitution continues to: Define structure of national/state governments Regulate relationship between government and
citizens
Influences Historical period Colonists’ experiences with government Political philosophy of time (Hobbes and Locke)
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Milestones in Early U.S. Political History5
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The Colonial Background
Jamestown established (1607) King’s charter grants “full power and authority” Colonists establish representative assembly “Starving time for Virginia”
Separatists, the Mayflower, and the Compact First New England colony established 1620 Dissatisfied with Church of England Mayflower Compact: signers agree to submit to
government authority
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Signing of the Mayflower Compact7
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The Colonial Background
More colonies, more governments More settlements established Adopt concept of limited government Some degree of self-governance Pennsylvania Frame of Government
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The Colonial Background
British restrictions and colonial grievances Series of taxes to pay for
French and Indian War Sugar Act of 1764 Stamp Act of 1765 Coercive Acts of 1774
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The Colonial Response
The First Continental Congress (1774) To express grievances to the King Formed committees
The Second Continental Congress (1775) To establish army George Washington named commander-in-chief Attempt at settlement Military encounters increase
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Declaring Independence
The Resolution of Independence (July 2)
The Declaration of Independence (July 4, 1776)
Thomas Jefferson primary author Enumerates colonies’ grievances with Britain Universal truths Natural rights and a social contract Legitimizes American Revolution
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Declaring Independence
Rise of Republicanism Republicans opposed to rule by the British and
any strong central authority in new government Each state seen as sovereign authority and only
legitimate ruling force
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The Articles of Confederation: The First Form of Government
Confederation was voluntary association of independent states Thirteen states established government
consisting of Congress of the Confederation Weak central government Each state had single vote One member chosen as presiding officer
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The Confederal Government Structure under the Articles of Confederation
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Powers of the Congress of
the Confederation
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The Articles of Confederation: The First Form of Government
Accomplishments under Articles Settled land disputes among the states Passed the Northwest Ordinance of 1787
establishing government for new territories Could declare war and conduct foreign policy
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Weaknesses of the Articles Could not demand revenue from states Could not raise an army Amendments to Articles required unanimous
consent of Congress Did not establish a national court system
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The Articles of Confederation: The First Form of Government
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The Articles of Confederation: The First Form of Government
Shays’s Rebellion and need for revision of the Articles Central government has no authority to settle
disputes Economic depression widespread Rebellion demonstrates citizen anger
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Drafting the Constitution
Who were the delegates? Fifty-five delegates from 13 states attend Delegates mostly upper class, educated, young
Factions among delegates Some nationalists support monarchy Majority are nationalists who want strong central
government
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Drafting the Constitution
Politicking and compromises Virginia Plan
Bicameral (two-chamber) legislature National executive, elected by legislature National judiciary
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Drafting the Constitution
Politicking and compromises (continued) New Jersey Plan:
One state, one vote Congress to regulate trade and impose taxes Congressional acts to be supreme law of the land Congress to elect an executive office Executive office to appoint a Supreme Court
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Drafting the Constitution
Politicking and compromises (continued) The “Great Compromise”
Established bicameral legislature, House of Representatives apportion based on population
Established Senate with two members per state Supreme Court established Three-Fifths Compromise
Shows power of southern states Apportionment partially based on “property”
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Drafting the Constitution
Madisonian Model Separation of the
executive, legislative, and judicial power of government
Establishes system of checks and balances
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Checks and Balances24
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Drafting the Constitution
The executive Single chief executive Electoral college created
Makes president independent of Congress Removes from direct popular control Four-year term
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Drafting the Constitution
The final document Popular sovereignty Republican government Limited government with written laws Separation of powers Federal system
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The Difficult Road to Ratification
Federalists Favored a strong central government ConstitutionTime, money and power for changeFederalist Papers
Anti-FederalistsWanted weak central governmentRetain the Articles of ConfederationStatus quoWant guarantee of personal liberties or bill of rights
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Ratification of the Constitution28
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The Difficult Road to Ratification
Did the majority of Americans support the Constitution? Beard’s Thesis State ratifying conventions Support was probably widespread
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The Difficult Road to Ratification
Bill of Rights No explicit limits on state government powers,
did not apply to state governments Included to protect individual liberties against
national government
A “bill of limits” No explicit limits on state government
powers
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Altering the Constitution: The Formal Amendment Process
Proposing an Amendment (formal)1. Two-thirds vote in each chamber of Congress
OR
2. National convention called by Congress at request of two-thirds of state legislatures
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Altering the Constitution: The Formal Amendment Process
Ratifying an Amendment:1. By a positive vote in three-fourths of
legislatures of various states
OR
2. By special conventions called in states and a positive vote in three-fourths of them
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The Formal Constitutional Amending Procedure
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Amendments to the Constitution34
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Informal Methods of Constitutional Change
Congressional legislation Presidential actions Judicial review
Marbury v. Madison
Interpretation, custom, and usage
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