Constitution Notes
CONSTITUTION
Definition - The nation’s basic laws. It assigns/divides power used by the government. It provides certain guarantees for citizens.
Origins:
- The Declaration of Independence listed abuses from Great Britain that we had issues with, starting the list of freedoms and rights we wanted.
- The Magna Carta was created in Great Britain, guaranteeing certain rights and liberties for citizens. It was the first document stating that the ruler and his government were not above the law.
- Prevents the king from exploiting his power
- Placed limits on royal authority by establishing the law as a power in itself
- Jefferson’s writings, specifically The American Creed, included “life, liberty, and the pursuit of happiness” as core principles of freedom.
- The Philadelphia Convention - 12 out of 13 states attended the convention.
- Distribution of wealth and private property
- Government more balanced
CONSTITUTIONAL CONVENTION
2 PLANS PROPOSED
New Jersey Plan - Proposed by William Paterson of New Jersey.
Equal representation of states proposed.
Virginia Plan - Proposed by Edmund Randolph. Representation of
states based on population.
COMPROMISES
Connecticut Compromise - Bicameral legislature
3/5 Compromise - Slaves count for population. 1 slave is equal
to 3/5 of 1 freed person. Added onto total
population; mostly benefited Southern states.
Political Equality - Suffrage was left to the states.
Agenda in Philadelphia - Economic Issues (Tariffs, paper money
is worthless, congress cannot raise
money)
Action Taken:
- Power of congress strengthened
- Can tax
- Ensure patents
- Rules for bankruptcy
- Rights of the accused
- Freedom of speech and expression
Madisonian Model - Limited majority control, separation of
powers instilled, made checks and balances,
and established a federal system.
CONSTITUTIONAL REPUBLIC
Republic - A form of government in which people select
representatives to govern them.
End of Beginning - The document was approved!
2 OPPOSING GROUPS
Both believed in a stronger common government.
| FEDERALISTS | ANTI-FEDERALISTS |
|---|---|
| Supported the Constitution | Opposed the Constitution |
| Examples of members: James Madison, Alexander Hamilton, John Jay (These three also wrote the Federalist Papers) | Examples of members: Thomas Jefferson, George Mason, Patrick Henry |
| Weaker state government | Strong state government |
| Indirect election | Direct election |
| Longer terms | Short terms |
| Not concerned about individuality | Governed by the common man |
| Strong protection of liberty |
Federalist 10:
- Profederal
- Written by Federalists
- Government controls violence
- Factions are inevitable; government
controls damage that they create
- No way to protect against
stronger factions
- Checks and balances
- Examples: president, senators
Brutus I:
- Antifederal
- Written by Antifederalists
- Impossible for representatives
to adequately know what the populus wants
- Populus will not support laws that
representatives pass
- Can only execute laws by enforcing
with the military
- Abuse of power and will oppress
Commonfolk
- Example: house of representatives
CONSTITUTIONAL CHANGE
NEW AMENDMENT
Phase I - Propose by…
- ⅔ vote in each house
- National Convention, ⅔ votes of states
Phase II - Ratify by…
- ¾ state legislatures
- State conventions in ¾ of states
OPTIONS FOR CHANGE
Judicial Interpretation - The supreme court determines the
constitutionality of the law through
a process called Judicial Review.
- Marbury v Madison established jud. review
Necessary and Proper Clause - Has been used to increase power of
Congress so they can carry out
enumerated powers.
- Ex. McCulloch v Maryland
WHY DO THE OPTIONS FOR CHANGE EXIST?
It is faster and easier because you don’t have to get ⅔ of Congress or ¾ of States’ approval. This allows the respective groups to have far greater power in deciding amendments/the law.