Chapter 2 Ovidio Galvan, MLA

  The Supreme Law of the United States of America  Establishes framework for the United States Government  Adopted on September 17 th, 1787 by the Delegates of the Philadelphia Convention  Has been amended 27 times - 2/3rds in each Chamber and ¾ of State Legislatures  First ten amendments know as ‘The Bill of Rights’ U.S. Constitution

  Created on November 15, 1777 by the Continental Congress and ratified on March 1, 1781  First Constitution of the United States  Replaced in 1787 by a new and the current United States Constitution Articles of Confederation

  A national government with a Congress empowered to make peace, coin money, appoint officers for an army, control the post office, and negotiate with Indian tribes  One vote in the Continental Congress for each state regardless of size  The vote of nine states to pass any measure; amendments had to be unanimous  Delegates selected to the Congress by their respective state legislatures  Because of the fear of a tyrannical ruler, no executive was created and the national government was weak Articles of Confederation

  Failed to empower the Federal Government  No Tax base  No Executive Agencies  No Judiciary Problems with the Articles

  No executive to administer the government (no real leader)  No power to tax without states’ consent (difficult to do anything like establish a national army without money)  No authority to regulate commerce (trade between states became chaotic because states were using their own money; continental dollars were worth nothing)  Congress could pass laws but had little power to execute or enforce them Problems with the Articles

  Described as “an assembly of demigods”  Called to revise the Articles of Confederation after concern over Shays’s Rebellion  Meetings held in secret  Created a whole new government  Major debate remained over how much power the federal government should have Constitutional Convention

 Two Competing Plans The Virginia Plan  Bicameral legislature  Representation in both based on population  One house elected by the people; one house elected by state legislatures  Single executive chosen by Congress  Favored by large states The New Jersey Plan  Unicameral legislature  Equal representation  Representatives elected by state legislatures  Multi-person executive  Favored by small states

  Bicameral legislature  House of Representatives based on population and chosen by the people  Senate based on equal representation and chosen by the state legislatures  Single executive chosen by the Electoral College  Federal court system The Great Compromise

 Battle Over Ratification Federalists  Supported ratification of the Constitution  Wanted strong central government  Concerned about security and order  E.g., Madison, Hamilton, Jay Anti-Federalists  Opposed ratification of the Constitution  Wanted states to have power over the federal government  Corruption best kept in check at the local level  E.g., Samuel Adams, Patrick Henry

  Written by Madison, Hamilton, and Jay under the pen name Publius  Called for ratification of the Constitution  Published in New York papers to persuade legislators to ratify the Constitution  Among the best known: Federalist Nos. 10, 51, and 78 The Federalist Papers

  Madison warned against dangers of factions  The causes of factions cannot be controlled (that infringes on liberty); must control the effects of factions  Effects of factions could best be controlled by a republic Federalist No. 10

 A republic could best control factions:  Representation would dilute the effects of factions  A large territory would make it difficult for one faction to become a majority  In a large territory, it would be difficult for people who shared common interests to find each other Federalist No. 10, cont’d.

  Required support of nine of the thirteen state legislatures  Small states were quick to support the Constitution because of the inclusion of the Senate  Eventually all thirteen states ratified it (Rhode Island the last in 1790) Ratification of the Constitution

  All governments must have the power to  Legislate, or make laws  Administer, or execute laws  Adjudicate, or interpret laws  Because of our separation of powers, we have three branches of government 3 Branches of Government (P. 50 – 53)

  Legislature: the body of government that makes laws  Bicameral: legislature with two chambers  Article I sets out the framework for Congress  Representation over “pure democracy”  Republic: a government in which decisions are made through representatives of the people  Founders chose bicameral over unicameral legislature, because it provided representation, checks against abuse of power The Legislative Branch (P. 50)

  Executive: the branch of government responsible for putting laws into effect  Concerns of the founders  Executive could provide stability  Fear of tyranny  Resolved with single executive: the president  What does the Constitution say?  Chosen by Electoral College  Article II: length of term, executive powers  Possible alternative: parliamentary system The Executive Branch (P. 52)

  Article III: Establishes the Supreme Court  Judicial power: the power to interpret laws and judge whether a law has been broken  The “least dangerous” branch: power of neither the purse nor the sword  Judicial review: power of the Supreme Court to rule on the constitutionality of laws Judicial Branch (P. 53)

  Separation of powers: the institutional arrangement that assigns judicial, executive, and legislative powers to different persons or groups, thereby limiting the powers of each  Checks and balances: the principle that allows each branch of government to exercise some form of control over the others Separation of Powers (P. 54)

  Constitution is not a participatory document  Federal system is remote to many people  Federalism enhances participation, because  Participation can occur at federal and state levels  Increased political stability compared with Articles of Confederation Citizens & the Constitution