Rule by the People Direct / Indirect Federal System Confederal System
Majority Rule / Minority Rights Recognize Individual worth Promote Respect for the Law Promote the Public Good
Constitution a basic set of laws and principles establishing the nation’s government Based on Philosophies of Hobbes, Lock, Montesquieu Other Influences: Magna Carta (Great Charter), Petition of Right, 1628, English Bill of Rights, 1689
* Magna Carta a. rule of law b. bicameral (two chamber) Petition of Rights a. limited monarchy (executive) b. cannot imprison people without reason c. force citizens to house soldiers d. no military rule in times of peace
English Bill of Rights a. Monarch (executive) cannot rule without consent of legislature b. Right to Petition c. Free elections d. Rule with consent of people it governed
1 st form of “unified” government Can’t we all just get along?…..according to Alexander Hamilton, the answer is no.
Unicameral, one legislative branch, representatives chosen by the state legislatures Loose association of states, states stronger than federal government Majority approval required (nine is the magic number) Make treaties with natives, appoint representatives to other countries, borrow money Admit new states to the Union
Articles of Confederation a. no executive b. no currency c. no judiciary d. no ability to tax e. no ability to regulate commerce *Other Problems Ratification and amendment process
1786---- Group of “unhappy” farmers and ex revolutionaries gathered up their hoes and rakes and storm the town to stop foreclosures on their homes……ended when they attacked an arsenal and were cut down by cannon fire
Who is there? Why “Well bred, well fed, well ed and well wed” After the Revolution and we are free
Virginia Plan a. bicameral legislature b. strong executive c. strong judiciary d. direct elections for one house/appointment for the other house e. levy taxes, make laws for nation, regulate trade
New Jersey Plan Counter proposal a. weak executive b. unicameral legislature/represented = c. Representatives chosen from state d. supreme court appointed by legislature. e. levy taxes, regulate trade Called for a stronger state government with representatives coming from state legislature.
Great Compromise (Connecticut Plan) 2 chambers of Congress a. one elected and based on population b. one appointed by House and = representation. Both Houses must approve legislation, by a majority of votes to become a law
3/5 Compromise problem was they wanted slaves to be counted for taxation and not representation Remedy Slaves would be counted 3/5 of a person for both purposes
Federalist had advantages a. control of the press b. better represented c. beat the Anti-Federalist to the draw Anti-Federalist a. won the argument for a Bill of Rights only after ratification of the Constitution.
Federalist Argued that due to a limited government there was no need for a “Bill of Rights” Constitution finally ratified in 1788, it took one year to achieve the nine needed. Although ratified a Bill of Rights was agreed to
Limited Government Article 1, section 9, says what powers that the federal government does not have. Separation of Powers No one branch has too much power Checks and Balances Divides the power within the government.
Limited Government Restrict power Separation of Power Prevents abuse Checks and Balances Restrain each other’s power Federalism Balances the power Between state and federal Popular Sovereignty Ensures the government serves the people
2 methods of changing the Constitution a) informally b) formally Changing formally very difficult, so informal ways to make changes developed
Acts of Congress (Judiciary Act of 1789) Judicial Rulings (Plessy v. Ferguson, Brown v. Board of education) Presidential Actions (police actions, executive privilege) Customs and traditions (Cabinet, parties, presidential nominating conventions, etc)
1. Proposal a. 2/3 vote from both houses of Congress (all done this way). No presidential veto possible b. Constitutional Convention called by Congress at the request of 2/3 of the states Serious implications for this one
2. Ratification a. ¾ of state legislatures 1. all but 21 st amendment done this way. 2. most state legislatures ratify with a simple majority, but some require a supermajority….(eg. 3/5, 2/3, ¾)
B. Ratifying conventions in ¾ of states 1) 21 st amendment done this way 2) A more directly democratic way: people elect delegates who state their positions on the proposed amendment. Citizens are in essences casting their votes on the amendment. Time limits for ratification: Generally 7 years
Express/Enumerated Implied Inherent State Powers: reserved Concurrent Powers National Supremacy (Article VI) McCulloch v. Maryland 1819 Full Faith and Credit Clause, Elastic Clause, Commerce Clause, Privileges and Immunities Clause
Exclusive Powers of the National Government Under the Constitution, powers reserved to the national government include: Print money (bills and coins) Declare war Establish an army and navy Enter into treaties with foreign governments Regulate commerce between states and international trade Establish post offices and issue postage Make laws necessary to enforce the Constitution
Powers Shared by National and State Government Shared, or "concurrent" powers include: Setting up courts Creating and collecting taxes Building highways Borrowing money Making and enforcing laws Chartering banks and corporations Spending money for the betterment of the general welfare Taking (condemning) private property with just compensation
Exclusive Powers of State Governments Powers reserved to state governments include: Establish local governments Issue licenses (driver, hunting, marriage, etc.) Regulate intrastate (within the state) commerce Conduct elections Ratify amendments to the U.S. Constitution Provide for public health and safety Exercise powers neither delegated to the national government or prohibited from the states by the U.S. Constitution (For example, setting legal drinking and smoking ages.)