Natural rights - God given freedoms that All americans are entitled to as human beings including: Unalienable/Natural rights
To be treated equally under the law
Life, Liberty, and the pursuit of happiness
Consent of the Governed/ Popular sovereignty - Governments are given power by the people and government exist to serve the people
The social contract - When a government no longer serves the people, citizens should replace it or (if necessary) overthrow it
A constitution: A written doc that establishes a gov and describes show the gov should run
Articles of confederation - America's First constitution (1781)
Republicanism - citizens should elect their leaders (US still dem-rep)
Limited Government - Governments have only the powers given to them by the people in a constitution (There are limits to what a gov can do)
Rule of Law - Laws apply to everyone in America (even gov officials must follow law)
Confederal system of government: States have most of the powers to govern and the national government has very little power
Weakness of the AOC
The national government could only request money from the states but could not directly tax citizens (only state governments could impose direct taxes)
With no real way to raise revenue(money) the national government struggles to fund the US military
There was only a Unicameral legislature (one house to make laws for nation)
Only one vote no matter the size of population was unfair
Unanimous vote must be needed (13 states)
No executive(president to enforce laws) or judicial laws (court system)
Lacked power to regulate trade between states
National government has no power
Shays Rebellion
Soldier during rebellion and was in debt, was promised money and didn't get it
Poor farmers united and attacked upper classes
Disbanded due to lack of organization
Showed weakness of articles of confederation
Constitutional Convention of 1787
★Alexander Hamilton and James Madison
Edmund Randolp suggested a whole new legal document
Unitary system: One central gov that creators other, smaller, regional gov but the central gov retains ultimate authority
Confederal system: several independent states agree to cooperate on specific matter by creating a central gov but each state retains ultimate authority
Federal system: National government is supreme over some things and state govs are supreme over other things (dual sovereignty)
The supremacy clause- passage in the US constitution that says national laws and treaties are superior to state laws as long as the actions taken by the national government is allowed by the constitution.
Separation of powers: The responsibilities and authority of the national gov are divided between 3 branches so that not one person or group controls the national government.
Legislative branch | Executive branch | Judicial branch |
Makes laws
| Enforces laws
Congress makes policy and president enforces it
President can Veto smth from the LB Pres can be impeached | Interprets laws and policies
Supreme court
Can declare congress and president unconstitutional |
Checks and balances - Each of the 3 branches of the national gov have the ability to limit the other branches
Virginia Plan | New Jersey plan |
Representation would be based upon a states population | All states would have equal representation |
Roger Sherman was like aight i like them both let's combine them
The great compromise - The national legislative branch under the US constitution would be bicameral.
The US house of representatives - states have proportional representation based upon population (more pop = more rep)
The US senate - each state has two senators regardless of population
3/5th compromise - agreement at the constitutional convention to count each slave as 3/5ths of a person during a census
Law | Amendment (change in constitution) |
Raise minimum wage Changing immigration process Create a national holiday | Cannot make 3 senators for each state
Changed to the rulebook |
Article 5: Constitution amendment process
An amendment is proposed by congress
⅔ senate and in house of representatives must approve
An amendment is ratified by state legislators (approved by state lawmakers)
Constitutional amendment process is Intentionally difficult to
Protect people's rights
Prevent government abuse (tyranny)
A 1 L | Created a bicameral legislative branch (congress) List powers of congress Specifies terms and qualifications for House and Senate Explains lawmaking process |
A 2 E | Establishes executive branch Terms and qualification for president and vice president Explains how P and VP are elected (electoral college) List powers of president |
A3 J | Establishes judicial branch headed by US supreme court Explains structure and jurisdiction of Federal court system Describe term for federal judges and supreme court justice (lifetime terms) |
Ar4 state | Outlines relationship between States Explains obligation of National gov to states Describe how new states can be added to the US Grants congress power to govern US territories |
A 5 amendment process | Describes process for amending the US constitution |
A6 supremacy clause | Announces federal laws outrank state laws US constitution is supreme law of the land |
A7 terms of ratification | Declares US Constitution would go into effect if 9/13 states ratified it |
Preamble - Intro to US constitution; explains the purpose of the American gov and illustrates the idea of popular sovereignty (we the people)
The constitution did not enumerate(list) the powers kept by the states. The constitution lacked a bill of rights that would limit the actions of the national government and protect the freedom of the people.
Federalist (Federal) - Like national government the Constitution would create
Antifederalists - Those that opposed ratification of the US Constitution (Thomas Jeff, “Brutus”, Mercy Otis warren)
Arguments
The constitution's supremacy clause would make national laws superior to State laws
The constitution did not enumerate(list) the powers kept by the states
The constitution lacked a bill of rights that would limit the actions of the national government and protect the freedom of the people
The federalist papers - series of 85 essays written by Alexander Hamilton, James Madison, and John Jay to convince states to ratify the Us constitution
Federalist No.10 - Madison argued the large republic created by the US constitution would make it harder for one faction to completely dominate the nation
Federalist No.51- Madison argues the US constitution’s separation of powers and checks and balances help ensure the branches of the federal government work for the people and not themselves.
The bill of rights - the first ten amendments to the US constitution
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