The constitution

Early influencers

Magna Carta

Signed in 1215 (England)
First historic document that established citizens rights
Put limits on absolute monarch by protecting the nobility
nobility- synonym for aristocrat
Over time these rights trickled down to all english citizens
We utilized the ideas of trial by jury and due-process of law
due process- entitled to all the legal benefits inside our system

Enlightenment

European intellectual movement during the 17th and 18th centuries
Emphasized reason individual freedom and accountability
Gave us the idea of the right to life, liberty and property

Early american history

Continental congress

Colonists tried repeatedly to compromise with king George the third
Major issue taxation without representation
July 2 1776, 12 of the 13 colonies voted for independence (majority rule)
2 days later 2nd continental congress voted to adopt the declaration of independence
Most of the declaration was based on John locke's beliefs of social contract theory
social contract- if independence is not shown overthrow the government
Next objective of continental congress was to establish and army
George washington was selected as commander in chief
They attempted to organize a colonial government
They created the articles of confederation which was a loose friendship between the 13 colonies

articles of confederation

central government was composed of a unicameral legislature called congress
No executive branch
No judicial system
No ability to tax
No revenue so in return we got a weak military
By 1784 (just one year following the revolutionary war) the articles of confederation were broken

First political parties in the USA

Federalists

Most were politicians and were typically wealthier
They recognized the articles were weak
They wanted a stronger central government that could regulate the states
Alexander Hamilton, and James Madison were both federalists

Anti-federalists

Typically middle and lower class
Feared a strong central government would abuse its power and endanger personal liberty
Samuel Adams, and Patrick Henry were both considered Anti-feds

Constitutional convention (1787)

Because of domestic unrest congress called for convention to revise the articles of confederation (In philadelphia)
Rhode island protested and did not send delegates because they did not want a strong central government
Plan was to improve the articles but it quickly became clear that a new government was needed
The delegates at the convention are known as the founding fathers or framers
George Washington, George Mason, Benjamin Franklin, Thomas Jefferson, and others were all at the convention.

Virginia plan

Called for a bicameral legislature with the number of reps based on the states population
The lower house would be elected by the people the upper house by the state legislatures
The legislative branch would pick the executive branch
They also wanted the legislative branch to elect the judiciary

New Jersey plan

Wanted a unicameral legislature
Wanted an executive branch with more than one person
Wanted the executive branch to pick the judiciary

The great compromise

Took ideas from both plans
Created a two house legislature with the lower house based on population and elected by the people
The upper house would have equal representation appointed but the state legislatures
The smaller states were happy with equal representation in the senate
The larger states were happy with the house design

Executive branch

Created to enforce the laws
Appoints the supreme court but they need confirmation from the senate
The electoral college was created to take the vote directly from the hands of the people

⅗ compromise

In order to determine the population in the slave states the framers agreed that each slave would count for ⅗ of a person

Three branches of government

Executive-

Enforce laws

Legislative-

Makes laws

Judicial-

Interprets laws

Separation of powers

Way of dividing power between the branches of government

Checks and balances

A structure that gives each branch some control over the other branch

Motesque

French philosopher he is where the ideas of checks and balances and separation of powers came from.

enumerated powers

Powers specifically granted to the congress

Necessary and proper clause

Gives congress the authority to pass all laws necessary and proper
elastic clause

Supremacy clause

States that the constitution is the supreme law of the land
Federal laws trump all other laws

Full faith and credit clause

Mandates that states honor the laws and judicial proceeding of other states

Ratification process

Ratification- To make official
Article 7 of the constitution stated that 9 of the 13 colonies had to ratify the constitution
Without the promise of the bill of rights especially the 10th amendment the anti-feds would not have accepted the constitution