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Published byDorothy Logan Modified over 5 years ago
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Making a Constitution: The Philadelphia Convention
Representatives from 12 state (Rhode Island didn’t show) Supposed to revise articles of confederation 55 delegates ignored instruction began writing US Constitution Most delegates were politicians, college educated urbanites, most from coast and not the frontier
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Philosophy into Action
Human Nature Hobbes works said mans natural state was at war and that a strong government keeps the peace Founders still stuck more to Locke's limited government idea Political Conflict Distribution of wealth was the sole political conflict Also religion, views of governing, and attachment to various leaders Factions- parties, interest groups Intended to check effects of factions Purpose of Government Most concerned with preservation of property and individual rights to wealth Some concerned with security, domestic peace, public health and welfare Even said to only let landowners vote
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Philosophy into Action
Nature of Government Power set against power to protect property and against tyrannical factions “balanced” government Checks, balances and separation of powers
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Equality Issues Equality and representation of the states
New Jersey Plan- equal rep. for each state Virginia plan- representation based on population Connecticut compromise created two houses in congress (Senate and House of Representatives) Lower pop have more power per person Wyoming vs California
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Equality Issues Slavery Equality in voting Obvious contradictions
Legal in all states but Massachusetts They limited importing of slaves Constitution even says that escaped slaves have to be returned Three-fifths compromise Equality in voting Some delegates wanted universal suffrage (for all free adult males) Some feared mob rule and wanted property ownership for qualification Left up to states
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Economic Issues Had to deal with
states tariffing goods from other states Paper money being worthless Recession Congress given power to tax and borrow Protect property Build infrastructure Regulate interstate commerce Most delegates were elites and did a lot to help them
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Individual rights issues
Prohibits suspension of the writ of habeas corpus Prohibits punishment without trial Prohibits from passing ex post facto laws No religious qualification to hold office Trial by jury in criminal cases
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Madisonian System: Thwarting Tyranny of the Majority
Fear of oppression of the minority 1. Place as much of the government as possible beyond the direct control of the majority 2. Separate the powers of different institutions 3. construct a system of checks and balances
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Madisonian System: Thwarting Tyranny of the Majority
Limiting majority control Keep too much power out of hand of house of representatives State legislatures elected state senators and electors (who elect the president) Kept people themselves from choosing policy President picked judges which are approved by the senate and serve life terms Senate serve 6 year terms unlike house of rep’s 2 yrs Separating powers Three branches of government Legislative (congress) Executive (President) Judicial (courts)
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Madisonian System: Thwarting Tyranny of the Majority
Creating Checks and Balances Establishing federal system Power split between federal government and the states
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Madisonian System: Thwarting Tyranny of the Majority
Creating Checks and Balances Establishing federal system Power split between federal government and the states
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Ratifying the constitution
Federalists vs anti-federalist Federalists pro constitution (landowners, professionals, merchants) Wanted strong federal government Anti-federalists anti- constitution (small farmers, shopkeepers, laborers) Wanted strong state governments and weak federal Federalist papers written to support constitution ratification Bill of Rights passed to squelch fear of loosing individual rights Federalist used great politicking to get it ratified Washington unanimously elected president with Adams as vice president
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The Formal Amending Process
Article V of constitution provides process Two stages Proposal and ratification Each stage has two avenues Proposed by 2/3 of congress or by national convention called by congress at request of 2/3 of state legislatures Ratification through either ¾ of state legislatures or by special state convention called upon by ¾ of the states Only 21st amendment done by convention
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The Formal Amending Process
Used to make USA more egalitarian and democratic Usually increase liberty and equality and increase ability of popular majority to govern
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Informal process of constitutional change
Judicial interpretation Marbury v. Madison (Judicial Review) Racial discrimination cases Abortion cases Changing political practices Parties Electoral college changes
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Informal process of constitutional change
Technology Media Internet New weapons change presidents power dramatically Increased demand for new policies Significance of the presidency More power of the president USA Patriot Act Gave surveillance, and wiretapping ability
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Importance of Flexibility
27 Amendments with fewer than 8,000 words USA has oldest functioning constitution Document meant to be flexible
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The Constitution and Democracy
Original constitution not all that democratic Government of “rich, well-born, and able” –Hamilton Permitted movement towards democracy Who can vote mostly left to states Other than 15th,17th, 23rd, 24th, 25th amendments and voting rights act Two party system put same candidates on ballot in all states People vote for electorates which has made presidential election more open Except In 1824, 1876, 1888, 2000, 2016 when electoral winner lost the popular vote
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The Constitution and the scope of government
Liberty provides opening to all to participate Checks and balances keep power in check It can lead to stalemate due to so many being involved Some argue so many checks are placed into the constitution that effective government is almost impossible
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