Constitution Notes Student 1
Transcript of Constitution Notes Student 1
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Goal of Am. Revolution was liberty Colonists lacked rights as Britishsubjects
English Constitution lacked legitimacyAfter French and Indian War:taxation without representation
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Montesquieu (1689-1755), The Spirit of Laws Hobbes (1588-1679), The Leviathan
Locke (1632-1704), Second Treatise ofGovernment
Rousseau (1712-1778), The Social Contract
Thomas Paine (1737-1809), Common Sense
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No more divine right - elimination of royalprerogative
EVERYONE is equal
self-evident
MAJOR SCHISM
DOCUMENT
Philosophical basis
Grievances
State of Separation
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Based upon Lockes conception of individual rights life, liberty, right to own property government as a social contract to protect
individual rights Outlines basic political philosophy of the new
republic
Justifies rebellion against Britain
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Original plan for government (1stConstitution of US)Authority laid with states
Congress of the Confederation States had central authority over
direction of country
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Article II Each state retains its sovereignty, freedom, andindependence.Govt has no control
Unicameral Congress (one house) with one vote per state
Supermajority (9 of 13) to pass a law
Supermajority (13 of 13) to amend No Executive (No President), no central authority No Federal Judiciary (No Supreme Court), no central law No control of taxation, commerce between states or with
foreign nations, money system
*Leads to Constitutional Convention and complete
restructuring of American Government
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Anti-Federalists Desired STRONGER state governments and WEAKER
national government Keep government in check maintain individual rights Felt Americans were good, virtuous, and will
participate Federalist
Desired a STRONGER national government andWEAKER state governments
Already included: Ex post facto No bill of attainder Habeas corpus
Felt Americans were good, but incompetent and willruin country
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The Federalist Papers: Madison, Hamilton, Jay
Anti-federalist concerns:
constitution too aristocratic
large republic not feasible possible tyranny of national government
no specific protection of rights
Madison promises the Bill of Rights afterratification
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First ten amendments to the federalconstitution:
Restrain the national government from
tampering with fundamental rights andcivil liberties
Emphasize the limited character of the
national governments power
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1787 Framers needed to centralize power Bridge between theory and reality
Divides the national government into threebranches
Describes the powers of those branches andtheir connections
Outlines the interaction between the governmentand the governed
Describes the relationship between the nationalgovernment and the states
Is the supreme law of the land
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HOUSE OF REPRESENTATIVES Representation in the House of
Representatives would be apportionedaccording to the population of each state
(initially consisting of 56 members) Revenue-raising acts would originate in the
House
SENATE
Each state would be represented equally inthe Senate (2 each) Senators would be selected by their state
legislatures, not by direct popular election
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Popular Sovereignty power to govern belongsto the people, govt based on the consent ofgoverned
Separation of Powers division of govtbetween branches: executive, legislative and
judicial Checks and Balances a system where
branches have some authority over others
Limited Government govt is not all-powerful,
and it does only what citizens allow Federalism division of power between central
government and individual states
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Madison addressed biggest fear of govt
Faction
a group in a legislature or political party actingtogether in pursuit of some special interest (thinkfraction , 1/3, etc)
Founding fathers were concerned that our governmentwould be ripped apart
Separation of Powers check the growth of tyranny
Each branch of government keeps the other two fromgaining too much power
A republic guards against irresponsible directdemocracy or common passions
Factions will always exist, but must be managed to notsevere from the system.