1. Constitutional Principles
GOV MT 1, Assignment #3

2. Demonstrate an understanding of how the U. S
Demonstrate an understanding of how the U.S. Constitution reflects a balance between the classical republican concern with promotion of the public good and the classical liberal concern with protecting individual rights; and how the basic premises of liberal constitutionalism and democracy are joined in the Declaration of Independence as "self-evident truths" (12.1.3)

3. Articles of Confederation
Very weak central government
No president or national court system
Congress did not have the power to:
collect taxes
create an army
establish a monetary system
Any important decisions required a unanimous vote by all 13 states

4. How Much Power? Classical republican concern =
Promoting the public good
Classical liberal concern =
Protecting individual rights
Too Much Power = abuse of people’s rights
Too Little Power = chaos and disorder

5. Compromises

6. How Would People be Represented?
Virginia Plan (Large States) =
Representation based on population
New Jersey Plan (Small States) =
Representation would be equal for every state
“Great Compromise”
a.k.a. Connecticut Compromise
Bicameral Legislature
House of Representatives = representation based on population
Senate= equal representation

7. How Would Slaves be Counted?
Northern States =
Slaves should be counted for taxation but not representation
Southern States =
Slaves should be counted for representation but not taxation
Slaves would be counted as 3/5 of a person for both

8. How Would Power be Shared?
Some powers would be concurrent or shared
Certain powers would be enumerated or delegated to the federal government (i.e. regulating foreign commerce)
All other powers would be reserved for the states
Individual states:
Had to honor other state’s laws
Could not discriminate against another state’s citizens
Had to extradite criminals accused of crimes in other states

9. Debates over Ratification
Federalists=
Supported new Constitution
Anti-Federalists =
Opposed new Constitution
New Constitution would go into effect when 9 out of 13 states approved

10. Federalist Papers
Pamphlets written by Alexander Hamilton, James Madison, and John Jay
Warned against danger of “factions
Explained:
Structure of the Constitution
Its system of checks and balances
How it protected individual rights
Helped convince many to support ratification of the new Constitution

11. What if the New Government Still had Too Much Power?
First Congress would add a Bill of Rights
Ratified first 10 Amendments to the Constitution
Protected basic rights like speech, religion, right to bear arms, right to a trial by jury, etc.

12. Independent Judiciary
Limited Government
Popular Sovereignty
Rule of Law
Separation of Powers &
Checks and Balances
Federalism
Independent Judiciary
Individual Rights

13. Popular Sovereignty:
A government’s power comes from the people
The people elect their own leaders and representatives in regular elections
Limited Government & Rule of Law go together:
There are written limits on government’s power
Laws must treat all citizens as equally as possible

14. Separation of Powers & Checks and Balances go together:
Power is divided between different groups or branches
Each branch has its own powers and responsibilities
One branch can check, or limit, the power of the other branches
Federalism is another way power is divided:
Power is divided between different levels of government: national, state, and local
Each level has its own powers and responsibilities

15. Judicial Independence & Judicial Review go together:
Judges and courts cannot be influenced by any other groups or branches of government
Judges and courts have the power to interpret laws and review the actions of other branches of government
Finally, there is a guarantee of individual rights:
There are written guarantees of basic rights and freedoms
Civil rights and liberties – such as speech, religion, and trial by jury – are respected and protected by law