The U.S. Constitution Lecture Notes

Totalitarianism The state holds authority over society Controls all aspects of public/private life whenever possible Fascism: Nazi Germany Absolute Monarchy: Saudi Arabia Oligarchy: 20th Century South Africa Dictatorship: North Korea Communism: China Dictatorship: North Korea Communism: Cuba, China

Theocracy God is recognized as the head of state Civil leader has a personal connection with the civilization’s divinity Often leaders of the dominant religion Vatican City Vatican City Iran

Republic Government without a Monarch Government affairs are a public matter “President” is the head of state Elected representatives, not the people themselves, vote on legislation. USA: Constitution based federal republic with strong democratic traditions “Constitutional Federal Republic” USA: Constitution based federal republic with strong democratic traditions “Constitutional Federal Republic”

Socialism Society in which major industries are owned and controlled by the government rather than by individual people and companies Democratic principles (citizens can vote) Political & Economic

Democracy A form of government in which the supreme power is retained by the people, but which is usually exercised indirectly through a system of representation and delegated authority periodically renewed. Two types: Representative & Direct Parliamentary Democracy A system of government in which the power to make and execute laws is held by a parliament, which represents the legislative branch. Direct: Ancient Greece

With the Articles of Confederation Where did they go wrong? With the Articles of Confederation

The Articles of Confederation As you analyze the Articles of Confederation, you will need to identify the following: State Government Powers National Government Powers Weaknesses of the Articles of Confederation 15 minutes + discussion

1. State Autonomy States had different currency Printing money Inflation States had individual debts States had different taxes States made trade agreements with each other Some states did not recognize the currency of others

2. No Common Defense Congress could not afford to pay soldiers Soldiers were not paid for service during American Revolution Soldiers were equipping themselves 2nd Amendment

3. Agreement between colonies Different colonies had different perspectives and priorities Large colonies had more money and wanted privilege Small colonies were poor and wanted charity

4. Taxes Larger states were able to levy more taxes, thus making them wealthy Smaller states were not able to levy as much taxes, them making them less wealthy The National Government was not able to levy (collect) taxes There was no requirement of how much each state gives in taxes.

5. National Government is a statue 13 of 13 colonies needed to change Articles 9 of 13 needed to make laws Treaties Trade International diplomacy

It all comes down to money National Government can’t raise taxes No money to pay debt, other countries mad No money to pay soldier, soldier leave No way to coerce money from states States have different economies Different priorities Balance of power

The Virginia Plan Liked by the states with the largest population. Representatives would be based on population. Each Representative (and there would be more for large states) would have a vote in new legislature. Based on this system, who would have the most representatives (and therefore the most power in making laws)?

The New Jersey Plan Favored by the small states Each state would have the same number of votes. Population would not matter; all states have equal power when it comes to law-making. Based on this system, who would be the most upset?

The Great/Connecticut Compromise Proposed by Roger Sherman Divide the new legislature into two houses (bicameral) House of Representatives Elected according to population of state Initially 1:40,000, now capped at 435 Senate Equal representation, regardless of size for all states: each state will send TWO people to the senate

The Three-Fifths Compromise Three out of every five slaves would be counted in population and taxes

Commerce compromise Congress would regulate interstate trade and foreign commerce. Runaway slaves had to be returned to their owners. Fugitive Slave Law Could not restrict importation of slaves for 20 years, until 1808. Could levy a tax of up to $10 per slave.

The Constitution Establishes government structure, as well rules and laws. Strong central government Three Branches: Legislative –make laws Executive –enforce laws Judicial – interprets laws

Ratifying the Constitution Federalists Anti-Federalists Ratify (approve) the Constitution as it was decided at the Constitutional Convention. The Constitution protects the people as written. The Constitution is flawed and needs to be fixed before it can be ratified. More protection for the people!

6 Guiding Principles of the Constitution Popular Sovereignty The people hold the ultimate authority. Federalism The division of power between State and National Governments. Rule of Law The American people and their government abide by a system of laws. Separation of Powers Separating the powers of government among the three branches would ensure that no one branch could dominate. Independent Judiciary Protect against abuses of the system by self-interested parties Individual Rights Citizens have individual rights that can’t be taken away (Bill of Rights)

The Bill of Rights Civil Liberties: Civil Rights: Freedoms that are an individual’s birthright, such as the freedoms of speech, religion, and assembly. They are not something the government can legitimately take away. Civil Rights: Rights of citizenship that come with being a member of society, such as the right to a trial by jury and the right to legal counsel. ACLU example (website describe protestor rights) –liberties

No one branch holds all power No one branch holds all power. It’s separated (Separation of Powers) and built so that each branch can “check” another branch.

The Bill of Rights -1791 Freedom of speech, press, assembly, religion, and petition The right to bear arms (own a weapon) Do not have to house a soldier Unreasonable search and seizure No double jeopardy (tried for the same crime twice) Fair and speedy trial –criminal Trial by jury –common law Cruel and unusual punishment People retain certain rights not written in the Constitution Powers not assigned to the US are reserved to the states and/or the people