most state constitutions | massachusetts |
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-natural rights and higher law-social contract-popular sovereignty-separation of powers-representation-checks and balances-legislative supremacy | -preamble-declaration of rights-frame of government (three branches and separation of powers)-articles of amendment |
articles of confederation | constitution | |
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levying taxes | congress could request states to pay; no real taxing power | congress has right to levy taxes on individuals |
federal courts | no system of federal courts | court system created to deal with issues between citizens, states, etc. |
executive | no executive power; president of u.s. presided only over congress | executive branch headed by president who chooses cabinet and has checks on power of judiciary and legislature |
amending document | 13/13 need to amend articles; unanimous | 2/3 of both houses of congress and 3/4 of state legislatures or national convention |
representation of states | each state had 1 vote regardless of size | upper house (senate) has 2 votes; lower house (h.o.r) based on population |
federal government | state governments |
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supreme law of land | make own laws |
elite model | participatory democracy (possible) |
senators elected by state legislatures originally | cities and towns have some autonomy |
notable federalists | notable antifederalists |
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-george clinton -robert yates-patrick henry -mercy otis warren-melancton smith -george mason | -alexander hamilton -james madison -john jay-gouverneur morris-edmund randolph |
anti-federalists | federalists | |
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constitution and nature of republic government | -thought constitution would destroy states-preferred a confederacy of small republics -delegate power to central authority to preserve union | -wanted large republic necessary to secure the public good and private rights from tyranny of the majority |
house of reps | -disagreement between small-state and large-state antifederalists -too small a body to represent diverse interests-preferred one year (short) terms | -house would grow over time -two terms allowed for more understanding of complexity of government |
senate | -denounced aristocratic nature-advice and consent violated separation of powers | -equality of states essential to passage of constitution -to pass legislation both senate and h.o.r must agree |
presidency | -pres could easily become king and subject to special interests-too much influence on legislation and treaties | -limited power and subject to the will of the people (by election) and congress (impeachment)-necessary to enforce federal laws |
national judiciary | -possessed too broad a power (especially over state courts and jurisdictions) | -act as intermediary between people and congress-protected the people |
bill of rights | -states offered no protection against potential abuses of rights of federal government | -unnecessary and potentially dangerous |