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Best Parts of the Constitution 2
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THE SECOND REVOLUTION THE U.S. CONSTITUTION
oBJeCtiVe
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INDEPENDENCE FOR WHAT ? HOW
THIS WAS DECIDED WAS THE DIFFERENCE
WISE MEN & REASON
RADICALS WHO WANTED DECENTRALIZATION & DEMOCRACY
CONSERVATIVES WHO WANTED ENGLISH REPLICA…
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MarCh 1,1781 … artiCLes of ConfeDeration
A LOOSE LEAGUE OF FRIENDSHIP INDIVIDUAL STATES WERE SOVERIGN VERY LITTLE POWER … MOST IN FOREIGN AFFAIRS CANNOT RAISE $$$ … NO TAXATION UNAMENDABLE
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The Articles of Confederation & Perpetual Union (1777)
All Real power resided with the states in the Union. Goal was to limit power of central government. Congress had little power. Each state had one vote. No judicial branch and, therefore, no way to enforce will of congress on states. No executive branch to implement acts of congress or negotiate treaties
WESTWARD SETTLEMENT
JAMES MADISON
THE PROBLEM OF NAT`L DOMAIN
WESTERN LANDS … JAMES MADISON
NORTHWEST ORDINANCE … MAJOR ACCOMPLISHMENT
BRINGS REVOLUTUION TO A SUCCESSFUL CONCLUSION
DEBTORS v. CREDITORS Sept.1785…”Requisition Act”
MONEY,MONEY,MONEY$$
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Shays’ Rebellion In early 1787 a group of small farmers protested the repossession of their land for debt. They were led by Daniel Shays, a former army captain in the Revolutionary War. The purpose of the rebellion was to prevent foreclosures by keeping the courts from sitting until the next election. The Rebellion was eventually quelled, but its impact was significant.
The Elites Response to Shay’s Rebellion: “Respectable” Americans are shocked. Let us have { a Constitution } by which our lives, liberties and properties will be secured....
The Impetus for Convening That Congress was unable to act decisively in a time of crisis, provided all the evidence needed to finally convene and revise the constitution.
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RECONCILIATION RIGHTS
v. NATIONALISM FREEDOM v. SECURITY LIBERTY v. ORDER
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BOTH HAD THEIR DAY... FEDERAL SYSTEM ABILITY
TO COMPROMISE “JOINT RESULT OF GROUPS WHO WERE OPPOSED TO EACH OTHER”
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Interests Pushing for Stronger National Government
Manufacturers
Merchants
to protect their holdings
Financiers
to establish uniform trade laws among the states
Western landowners
to pass strong tariffs and create protected market in the 13 states
preferred uniform national financial system, did not want debt payment to depend on whims of states
Interests Opposed to Stronger National Government
Small
farmers Artisans Shopkeepers Skilled Laborers
all were actively involved in the government of the states. They were the first to initiate break with England and represented a more radical element in government. They wanted government to be more accountable to the people.
Who organized the Convention? • Merchants • Planters • Others with financial interests to protect • Professional Classes • Political aspirants
Of the 55 delegates invited, 33 were lawyers, 3 were physicians, 7 were former chief executives of their own states, 6 were plantation owners and 8 were major businessmen.
“Snapshot of a“Framer” White Owners
of Property Male
The Agenda of the Constitutional Framers Strong central government to promote commerce and protect property. prevent the “excessive democracy” of the Articles of Confederation limit influence of “radicals” Gain Popular Support in States
Why Compromise? Equality v. Inequality Fear of a dominating central government Protecting self-interests
The Constitution “The Great Compromise”
Hamilton Plan
“Constitutional
Monarchy” Senate with lifetime membership “Lower House” by popular vote Criticisms: too
similar to
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Virginia Plan
DraWn uP By MaDison & ranDoLPh rePresentation BaseD on PoPuLation CaLLs for tWo houses CritiCisMs: CatereD to Big states no LeaDershiP
New Jersey Plan William William Paterson’s Paterson’s reply reply Calls Calls for for one one house house One One vote vote per per state state ““Chief Chief Executive” Executive” Criticisms: Criticisms: Skewed Skewed towards towards small small states states Too Too similar similar to to the the Articles Articles ““Chief Chief Executive” Executive” or or “King” “King”
Compromise
by Roger Sherman Divides Congress into two houses (Bicameral) Created
One
house has same # of reps. from each state Another house has proportional representation Large
& small states can work together
FATHER OF THE CONSTITUTION
Checks & Balances Legislative Senate House
Approves appointments can impeach judges
Interprets laws, treaties
may override veto confirms appointments
vetoes legislation
Judicial Supreme Ct Federal Cts Appoints judges
Executive Cabinet
Interprets executive acts
Fe d e r a lis m d e f ine d Political authority is divided between state governments and the central government. State (and local government) have their own spheres of jurisdiction which (theoretically) cannot be encroached upon by the federal government. Ideally, the federal system offers the advantage of unity, while allowing states to handle more of their own affairs
Central Central Ideas Ideas of of the the Constitution Constitution Federalism dual
sovereigns (state & national) Separation of Power limiting power by dividing it against itself Individual Rights undeniable individual claims to property and protection
seParation of PoWers
L e g is la tiv e E x e c u tiv e B ran ch B ra n ch
J u d ic ia l B ra n ch
Topic One Details about this topic Supporting information and examples How it relates to your audience
Article I: The Legislative Branch Constitution greatly expanded congressional power compared to Articles of Confederation Congress has power to: tax borrow regulate commerce coin and regulate the value of money declare war and maintain a military force Article 1…section 10 ***
HR # 007
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LEGISLATIVE BRANCH Topic Two Details about this topic Supporting information and examples How it relates to your audience
Next Steps Summarize any actions required of your audience Summarize any follow up action items required of you
ARTICLE II
35 years old Natural born citizen Resident of the U.S. ‌14 yrs.
Article II: The Executive Branch
Executive branch strengthened new
national government. Commander-in-Chief of armed forces The Chief Executive (President) has the power to: Negotiate treaties Appoint
administrators and judges Convene special Congressional sessions Veto legislation
PRESIDENCY E X E C U T IV E B R A N C H P R E S ID E N T O F T H E U .S . C A B IN E T A P P T .A D V IS O R S
W H IT E H O U S E S T A F F N O APPT.
M IL IT A R Y J O IN T C H IE F S
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ARTICLE III
THE JUDICIAL BRANCH
Article III: The Judicial Branch
Strengthened national government Curbed overly democratic influences Placed check on abuses of power by national executive and legislative branches established Supreme Court as highest court in nation resolves conflicts between state and national laws jurisdiction over citizens of different states judges serve lifetime appointments lower courts include federal district courts and circuit courts
The U.S. Judicial System
Types of Courts Original Appellate
Local Courts Municipal Superior
Federal Courts
Circuit
Courts District Courts Appeals
Supreme Court Nine
Judges Judicial review
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Common Law
Interpret the Constitution
Supreme Law of the Land
However… the Elastic Clause...
Elastic Clause This is the “Necessary & Proper” clause in the Constitution. (Subsection 18) Each power could be used to its “stretchiest possible limit. In other words, any necessary means to use a legitimate enumerated power is considered proper. Reminder that enumerated powers were to be a source of strength, not limitations on the congressional powers.
Controversy: Controversy: Slavery Slavery v. v. Representation Representation
“3/5 Compromise” Formula: Calculate the # of slaves from each state & multiply by 60% Take that number & add it to white population The sum determines the # of reps.
Civil war All men are equal
slavery
Controversy #2: Trade Regulation
Who does it? North: central government to control trade stop slave trade South: fear of taxation slavery still
CoMMerCiaL CoMProMise Slave
trade continues for 20 years Congress
regulates
trade No export taxes
THE THEABILITY ABILITY TO TO CHANGE CHANGE
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