1. 1-5: Compromises and Federal Powers

2. Big Ideas:
Constitutionalism
Competing Policy-Making Interests

3. Enduring Understandings:
The Constitution emerged from the debate about the weaknesses in the Articles of Confederation as a blueprint for limited government.
The Constitution created a competitive policy-making process to ensure the people’s will is represented and that freedom is preserved.

4. Learning Objectives:
Explain the ongoing impact of political negotiation and compromise at the Constitutional Convention on the development of the constitutional system.
Explain the constitutional principles of separation of powers and checks and balances.
Explain the implications of separation of powers and checks and balances for the U.S. political system.

5. Lessons from the Enlightenment
An ideal government separates powers
Lawmaking
Laws written by legislative branch
Laws enforced by executive branch
This prevents power from being collected in one area
Branches should be independent of each other

6. Compromise Great Compromise (representation) VA and NJ Plans
Connecticut Plan
Bicameral legislature
House of Representatives—population-based
Senate—two members from each state
Gives less populous states disproportionate influence
10 largest states—53% of population, 20 senators
10 smallest states—3% of population, 20 senators
The Virginia Plan called for a bicameral legislature with representation in both houses based on each state’s population. The New Jersey Plan called for a unicameral legislature equal representation regardless of a state’s population. The divisive issue of representation threatened to dissolve the convention.

7. Compromise Electoral College Political Equality
Indirect method of choosing president
Political Equality
Universal suffrage?
Left it up to states to decide
Three-Fifths Compromise
Compromise of the Importation of Slaves

10. Basic Powers Strong(er) government—economic growth Ability to tax
Payment of debts
Coining money
Regulation of trade
Post offices

11. Basic Protections Individual Rights Habeas corpus
No bills of attainder
No ex post facto
Difficult to prove treason
Trial by jury
No religious qualifications for holding office
A writ of habeas corpus is a court order requiring that an individual in custody be brought into court and shown the cause for detention.
A bill of attainder (illegal) is a legislative act that inflicts punishment without a court trial.
An ex post facto law (illegal) punishes a person for acts that were not illegal when the act was committed.
To be found guilty of treason, the suspect must actively take up arms against the government and have the sworn testimony of two witnesses.

12. Madisonian Model
Branches of government should NOT be completely separate
Overlapping Powers
Consent of others required to take action
Sets ambition against ambition

13. Branches of Government
Separating Powers
Indispensable defense against tyranny
Legislative Branch (Article I)
Bicameral Congress
Executive Branch (Article II)
Independent President
Judicial Branch (Article III)
Court system with Supreme Court

14. Checks and Balances Examples Consequences
Congress can write a bill, but it can be vetoed by President
President appoints judges, but must be approved by the Senate
Supreme Court can interpret the Constitution, but an amendment can be proposed by Congress
Consequences
Multiple access points
Slows change
Encourages compromise

16. Limitations on Majorities
Excessive Democracy
Fear that majorities can abuse their power
Proof in Shays’ Rebellion
Federalist No. 51: majorities can be controlled through separation of powers and checks and balances
No direct democracy
Republican government
Elected representatives
Most of the government kept beyond the power of majority and minority factions
Only House of Representatives directly elected

17. Limitations on Majorities
Examples
Insulated Senate
Not chosen by vote…YET (17th Amendment)
Appointed by state legislatures
Staggered term of service
1/3 elected every 2 years
Independent Judiciary
Judges appointed by President
Confirmed by Senate
Life terms—free from political pressure
Independently Elected President
National popular vote doesn’t matter
Electoral College
The framers believed that the Senate would check popular passions expressed in the House of Representatives. George Washington later explained this function to Thomas Jefferson when he asked, “Why did you pour that coffee into your saucer?” “To cool it,” Jefferson replied. “Even so,” said Washington, “we pour legislation into the senatorial saucer to cool it.”