The Constitution Chapter 2

The Path to Independence French and Indian War – Figure 2.1 page 33 Colonial resentment to taxes Enlightenment John Locke’s Treatise of Civil Government (1689) and Natural Rights – Life, Liberty, Property-Government exists to secure these and must be built on the consent of the governed – Table 2.1 page 36 Therefore, laws should be written and government should not take property without consent

Declaration of Independence. Colonial leaders met in as the Continental Congress Declaration of Independence formally adopted on July 4 th Written by Thomas Jefferson- it is both political and philosophical Includes the philosophy of Locke, Rousseau and Montesquieu Life, Liberty and property (natural rights)- consent of the governed Unalienable rights leads to limited govt

The Articles of Confederation Continental Congress appoints a committee Adopted in 1777, but not into effect until lasted until 1789 main problems with the Articles State Gov. stronger than central No chief executive No court system for disputes Unicameral Congress (every state 1 vote) States could impose tariffs on each other Passed Northwest Ordinance in 1787 Amendments required unanimous vote

Shay’s Rebellion Daniel Shays- veteran of the American Revolution- Farmer in debt Led an insurrection against Massachusetts government after farm was auctioned National government could not respond Shays’ army was defeated by the state militia after a year

The Constitutional Convention of delegates were commissioned to REVISE the articles Delegates came up with 2 major compromises; resulted in new Constitution Great Compromise- Bicameralism- Connecticut plan- It merged the New Jersy and Virginia Plan Three Fifths Compromise- Slave Representation- fugitive slave law extended and ban on slave trade in 1807 No tariffs between states on exports Table 2.4 on 147

Rights within Constitution Writ of Habeas Corpus Bills of Attainder ex post fact laws no religious qualifications for holding office trial by jury in criminal cases

8 Federalist Papers 1788 Written by Hamilton, Jay and Madison Outlined reason for ratification Major point: the necessity of a government that would be forced to compromise because of separation of powers Argued that the Constitution did not need a bill of rights since it had a built-in safeguard #10- “tyranny of the majority” - factions #47 - separation of powers, checks and balances protect liberty #51- 3 branches are independent; Bicameralism protects the people 8

Madisonian Model – The Constitution Limiting majority control- only one is House figure 2.2 Separation of Powers- three branches independent of each other- not divided absolutely but shared Checks and balances – sets power against power Figure 2.3 VERY IMPORTANT

Legislative Powers Collect Taxes, Pay Debts, Borrow Money, Coin Money Regulate interstate and foreign commerce Establish army, Declare War “necessary and proper” clause AKA the “elastic clause” “make all laws which shall be necessary and proper for carrying into Execution the foregoing Powers…” Enables Congress to change with time Example: National Bank McCulloch v. Maryland 10

Supremacy Clause 1. Constitution = supreme law of land 2. National Laws 3. Treaties Significance = Gives national government supremacy over states in court 11

Executive Powers “Chief executive” “Commander-in-Chief” Sign or veto legislation Sign treaties Appoint officials and Justices Grant Pardons and reprieves 12

Powers Terminology Enumerated/Delegated – specifically listed Implied/Inherent- expand the scope of the three branches Implied in Congress is the elastic clause Concurrent = Federal and State Courts Taxing Law enforcement

Formal Amendment process 2 ways to propose 1. 2/3 vote in each house of Congress 2. National Convention requested by 2/3 of the states 2 ways to ratify 3. ¾’s state legislatures vote to pass it 4. ¾’s state Conventions can vote to pass - Figure 2.4

Informal Change over time Two party system Abortion- no where in constitution Electoral College is bound to vote where their state goes Senate and House on Television Taxes and spends A LOT more

Judicial Power All judicial power in a Supreme Court and “inferior courts” established by Congress Marbury V. Madison Marbury was appointed by John Adams Never received it because of Madison Chief Justice John Marshal Judicial Review- power of courts to declare acts of Congress Unconstitutional