Copyright © Houghton Mifflin Company. All rights reserved.2 | 1 Chapter Two Section Three The...
-
Upload
cory-mccoy -
Category
Documents
-
view
214 -
download
0
Transcript of Copyright © Houghton Mifflin Company. All rights reserved.2 | 1 Chapter Two Section Three The...
Copyright © Houghton Mifflin Company. All rights reserved. 2 | 1
Chapter TwoSection Three
The Constitution
Copyright © Houghton Mifflin Company. All rights reserved. 2 | 2
The Constitutional Convention
• The Framers (55) attending: men of practical affairs, including Continental army veterans and members of the Congress of the Confederation, 8 had signed the Declaration
• Gathering was authorized only to revise Articles
Copyright © Houghton Mifflin Company. All rights reserved. 2 | 3
The Virginia Plan– Replace Articles– Unitary/Federal?– Presidential
•Executive and Judicial indirectly elected by legislature
– Bicameral?•One house directly by the people based on
population; one house chosen indirectly by first based on population
– Council of Revision• Indirectly elected as a second House with veto
power over state laws
Copyright © Houghton Mifflin Company. All rights reserved. 2 | 4
The New Jersey Plan– Amend Articles– Federal/Confederal?– Parliamentary
• Executive indirectly elected by Legislature; Judicial chosen by Executive
– Unicameral• Indirectly elected by the state legislatures
– Council of Revision• Selected by Executive, approved by Legislature
veto power over Federal laws
Copyright © Houghton Mifflin Company. All rights reserved. 2 | 5
The Great Compromise– Federal
• All powers not explicitly given to the Federal government belong to the people and the states
– Presidential• Executive indirectly elected by electoral college selected by state
legislatures; states set election laws• Judicial nominated by Executive; approved by Senate
– Bicameral• House of Representatives directly elected based on population• Senate two per state indirectly elected by state legislatures
– The Greatest Compromise?• House of Representatives Apportionment: 3/5 Compromise• Congress could not prohibit slave trade before 1808• Fugitive Slave Clause
Copyright © Houghton Mifflin Company. All rights reserved. 2 | 6
Key Principles of US Government• FEDERALISM
– power divided between national and state governments
• REPUBLIC– Popular rule, but not direct democracy – Majority rule
• SEPARATION OF POWERS– Veto, override, appointment/approval, judicial
review?
• AMENDMENT– Proposed 2/3d in Congress; 2/3ds of State
legislatures– Approved 3/4ths of states in legislatures or
conventions
Copyright © Houghton Mifflin Company. All rights reserved. 2 | 7
Three Categories of Powers
• Enumerated powers: given to national government exclusively; include power to print money, declare war, make treaties, conduct foreign affairs
• Reserved powers: given to states exclusively; include power to issue licenses and to regulate commerce wholly within a state
• Concurrent powers: shared by both national and state governments; include collecting taxes, building roads, borrowing money, having courts
Copyright © Houghton Mifflin Company. All rights reserved. 2 | 8
Three (?) Categories of Powers
• Enumerated powers• Reserved powers• Concurrent powers• Implied Powers
– elastic clause, necessary and proper clause. An implied power is one not granted in a job description, yet is meant to be taken. The elastic clause was included into the Constitution to allow flexibility. Congress was granted the right to make all laws which they deemed necessary and proper thus expanding their power.
Copyright © Houghton Mifflin Company. All rights reserved. 2 | 9
Interpretations of the Constitution
• Strict interpretation – The strict interpretation of the
constitution meant that it was to be followed exactly to the word, a philosophy adopted by Jefferson.
• Loose interpretation: – Hamilton believed in a loose
interpretation, or that powers implied within the Constitution should be included in the new government to fit changes over time.
Copyright © Houghton Mifflin Company. All rights reserved. 2 | 10
Ratification of the Constitution
•Ratifying conventions, not state legislatures
•Approval by 9 of 13 states– Technically illegal under Articles
• Federalists and Anti-Federalists– First political parties
Copyright © Houghton Mifflin Company. All rights reserved. 2 | 11
Motivations of the Founding Fathers
•Charles Beard – Economic Interests–Framers were wealthiest men in America
–Remember the bonds?–Property rights for landowners–Protection of slavery and political power of slaveholders
Copyright © Houghton Mifflin Company. All rights reserved. 2 | 12
Motivations of the Founding Fathers• Primary concerns appeared to be
– state’s interests– Creation of equal opportunity rather than
unnatural and undesirable aristocracy – Guarantees of both freedom of the
individual and freedom from tyranny as a natural and civil right•Protection of liberty•Popular Sovereignty•Separation of Powers•Federalism
Copyright © Houghton Mifflin Company. All rights reserved. 2 | 13
The Anti-federalists Patrick Henry, Sam Adams, George
Mason• Liberty could be secure only in small
republics– Nation needed a loose confederation of
states with most of the power wielded by the state legislatures where the citizens could physically abuse the legislators
– Tyranny of the majority and minority rights
• A strong national government should have many more restrictions on it– Bill of Rights
Copyright © Houghton Mifflin Company. All rights reserved. 2 | 14
The FederalistsJohn Jay, Alexander Hamilton, James Madison
• Federalist Papers 10 and 51 – Coalitions were more likely to be moderate
because they would represent a diversity of interests
– Governments should be somewhat distant from the passions of the people
• No bill of rights was necessary as most rights were already guaranteed in Constitution or in State Bill of Rights– Habeas corpus– No ex post facto– Trial by jury– Full faith and credit– Separation of church and state
Copyright © Houghton Mifflin Company. All rights reserved. 2 | 15
Ratification of the Federal Constitution by State Conventions