Articles of Confederation / US Constitution Do now: ◦ Which is more dangerous for society…when parents have NO rules for their children or when parents are very very strict?
Drafted in 1777 when many Americans feared a powerful national government. AoC created a framework for a loose confederation of states. ◦ Each state would often develop its own rules / regulations. Congress could only declare war, negotiate with foreign countries, establish a postal system, and settle disputes between the states. ◦ It had no power to tax ◦ Did not set up an executive branch to carry out the laws or a judicial branch to settle legal questions.
Land Ordinance of 1785 set up a system for surveying and dividing land in the new territory. 1787, Northwest Ordinance to specify how these western lands would be governed. ◦ When a territory had 5,000 free adult men it could elect a legislature. ◦ When the population reached 60,000 free inhabitants the legislations could write a constitution and form a government. If Congress approved both, the territory would become a state.
Congress’ weakness Debt Trade Interstate commerce Tariffs
The delegates were influenced by John Locke’s ideas about natural rights. Montesquieu, another Enlightenment thinker favored a three part government with separation of powers, that work together in a system of checks and balances limiting the power of the others.
The Great Compromise Combination of the New Jersey Plan and the Virginia Plan. ◦ Led to the 3/5 Compromise Three Branches of Gov’t Separation of Powers Established a system of checks and balances Bill of Rights would be later added after Anti – Federalist concerns.
Strict Constructionist vs. Judicial Interpretation ◦ Strict Constructionist - interpreting the Constitution based on a literal and narrow definition of the language without reference to the differences in conditions when the Constitution was written and modern conditions, inventions, and societal changes. By contrast "broad construction" looks to what someone thinks was the "intent" of the framers' language and expands and interprets the language extensively to meet current standards of human conduct and complexity of society. Strict construction is the opposite of judicial interpretation, which permits a term to be reasonably and fairly evaluated so as to implement the object and purpose of the document. Advocates of strict construction believe judges must exercise restraint by refusing to expand the law through implication. ◦ Judicial Interpretation - refers to how a judge interprets laws. Different judges interpret the laws of their state or the country in different ways. Some judges are said to interpret laws in ways that cannot be sustained by the plain meaning of the law; at other times, some judges are said to "legislate from the bench". These judicial behaviors are sometimes referred to as judicial activism, which is contrasted to judicial restraint as a way of interpreting both what laws say and how much freedom judges have to create new laws from the bench.