Articles of confederation

• States are sovereign but in ‘firm league of friendship’

• Weaknesses: Fed had no power to tax, no executive or judiciary branch, supermajority required to make laws and unanimous amendment agreement

• Led to conflict among states and made foreign policy confusing

• Shay’s Rebellion: states increased taxes, widespread foreclosures! Courts closed down, rich people had to fund army (weak fed govt response)

Constitution

• The great compromise: Bicameral legislature. House of reps based on population and senate (2 per state)

• 3/5 compromise: When counting population, slaves count for 3/5 of a person

• Slavery: Couldn’t be outlawed for 20 years, northern states must return runaway slaves

• Ratification: Required 9 states! Federalists said need for unity, balanced power. Anti-federalists said lack of bill of rights, too much fed power

• Key: Checks and balances, federalism, separation of powers

  1. Legislative branch

     • Necessary and proper clause: Congress can establish laws to execute enumerated powers, limited by cons.

     • War powers: Legislature declares war, executive is commander in chief of military

     • Writ of habeas corpus: Right to know charges

     • Ex post facto: No laws convicting someone of crime before it was illegal

  2. Executive branch

  3. Judicial branch

     • Definition of treason, prevents govt from taking down opps

  4. States, citizenship, new states

  5. Amendment process

  6. Debts, supremacy, oaths, religious tests

     • Supremacy clause: Con = supreme law of land

  7. Ratification

Federalist 10

• Faction: Self-interested group that tramples the rights of others

• Eliminating factions would suppress liberty

• Natural check is a large + diverse republic

Brutus 1

• US is too large to be a republic, fed has too much power

• Power excess (taxes, NP clause, supremacy clause, federal judiciary, military control)

• Con destroys state rights

Federalist 51

• Each branch has its own role to play and can check the others to prevent concentration of power

• Compound republic (federalism) provides double security against tyranny

• “You must first enable the government to control the governed, and in the next place oblige it to control itself.”

Checks and Balances

Judicial Branch

• Abilities: Interprets laws and constitution, reviews lower court decisions

• Exec checks: May declare executive actions unconstitutional

• Leg checks: May declare laws unconstitutional

Legislative Branch

• Abilities: Writes laws, confirms presidential appointments, ratifies treaties, grants money, declares war

• Exec checks: May reject appointments and treaties, impeach president, withhold funding for presidential initiatives, override a veto

• Jud checks: May reject supreme court appointments and impeach justices, propose constitutional amendments to overrule judicial decisions

Executive Branch

• Abilities: Propose and administer laws, command armed forces, appoint ambassadors and other officials, conducts foreign policy, negotiates treaties

• Jud checks: Appoints judges

• Leg checks: May veto bills and adjourn congress in certain situations