CHAPTER 2 The Constitution.

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Presentation transcript:

CHAPTER 2 The Constitution

Constitution What is constitution How did we get the US constitution? Nation’s basic laws How did we get the US constitution? Declaration of independence Mostly written by Thomas Jefferson English Heritage John Locke’s theory of natural rights, consent of the governed, and limited government Jefferson Equal creation, unalienable rights, rule instead of be ruled

The Constitution The Articles that failed Shays rebellion Why? Series of attacks on courthouses to block foreclosure proceedings Made the elite think about people taking the law into their own hands , violating property rights of others

The Constitution Philadelphia Convention met to write the new constitution Problem of Equality Issues New Jersey Plan Equal representation by states, regardless of population size Virginia Plan Representation based on population of state Connecticut Compromise 3/5’ s Compromise Connecticut Compromise led to bicameralism ; 3/5s – representation of slaves

The Constitution Originally there was no specific protection of individual rights. Did prohibit suspension of the writ of habeas corpus Court order requiring jailers to explain why they are holding a prisoner in custody No ex post facto laws Strict rules and outlines for conviction of treason Right to trial by jury in criminal cases No religious qualifications for holding office No bills of attainder Punish people without a judicial trial

The Madisonian Model Framers believed that human nature was self-interested Wealth inequalities were main source of political conflict Protecting private property was key for governments Fear that an unwealthy majority would tyrannize the wealthy minority How do you reconcile economic inequality with political freedom?

The Madisonian Model Place as much of the government as possible beyond the direct control of the majority Separate the powers of different institutions Construct a system of checks and balances

The Madisonian Model Limiting Majority Control Separating Power House is in direct control by the majority State legislature elects senators and special electors to select the president Judges nominated president Separating Power Power shared among the 3 branches Each branch is independent so that no one branch takes control

The Madisonian Model Creating Checks and Balances Because power is shared, each branch needs consent of the others for many of its actions Marbury v. Madison Establishes power of judicial review Power to hold actions of the other 2 branches unconstitutional Establishing a Federal System Divide power between national and state government

Madisonian model encourages moderation and compromise and slows change Delegates to the Constitutional Convention had changed the democracy to a republic Form of government in which the people select representatives to govern them and make laws Madisonian model encourages moderation and compromise and slows change

Ratifying the Constitution Federalists-supporters of the constitution at the time the states were contemplating its adoption Anti-federalists-opponents of the constitution at the time the states were adopting it Federalist Papers Collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison (under the name “Publius” to defend the constitution First 10 amendments Added to the constitution to persuade anti-federalists 10 – Separation of Powers and Federalism Federalist #10 also argues that Constitutional principles guard against the dangers of a direct democracy 51- The Federalist #51 explained why strong government is necessary: ãIf men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary

Bill of Rights 1- R.A.P.P.S 2-Right to bear arms 3-No quartering of soldiers 4-No unreansonable search and seizures 5-Grand jury indictment for serious crime Double Jeopardy, Perjure oneself, due process

Bill of Rights 6-Speedy and public trial by impartial jury Legal counsel, informed of charges, compel the attendance of favorable witness (subpoena) 7-trial by jury in civil matters 8-No excessive bail or fines, no cruel and unusual punishment 9-unlisted rights are not necessarily denied 10-powers not given to natl. govt. or denied to stated are reserved for states or people

Amending the Constitution Congress proposes amendment by 2/3 vote in each house State Legislature ratifies by a ¾ vote Used for every amendment except 21st State convention ratifies with ¾ vote Repealed 21st amendment (prohibition)

Amending the Constitution National Convention proposes amendment requested by 2/3 of the state State legislature ratifies with 3/4 vote State convention ratifies with 3/4 vote

Informal process of Constitutional Change Judicial Interpretation Changing Political Practice Technology Increasing demands on policymakers The flexibility of the constitution has ensured its survival