Ch. 2: The Constitutional Framework

Roots of American Law English Heritage Natural Rights Theory & John Locke The Revolutionary Philosophy & the Declaration of Independence Common law

Roots of American Law, cont. Colonial Governments Mayflower Compact Legislatures Bicameral vs. Unicameral

The Articles of Confederation (1781) Our first “constitution” State-centered; weak national government “League of friendship” between states Major decisions required unanimity No compulsory tax power “. . . a half-starved, limping Government that appears to be always moving upon crutches, and tottering at every step.” -GW

Time for a change The Annapolis Convention (1786) Alexander Hamilton Call for a Convention, Philadelphia, 1787 Shays’ Rebellion-Massachusetts

The Philadelphia Convention, May-September, 1787 “Revise and extend” the Articles of Confederation The Delegates George Washington James Madison, the “Father” Benjamin Franklin, Alexander Hamilton Non – Delegates: Patrick Henry Thomas Jefferson Rhode Island

The Scene: Philadelphia “Not a pleasant place” President Washington Rule of secrecy

The Issues: Legislative Power Madison’s VIRGINIA PLAN Bicameralism Paterson’s NEW JERSEY PLAN Sherman’s CONNECTICUT COMPROMISE

The Issues: Slavery and Apportionment Taxation & Legislative Representation in the Constitution The Three-fifths Compromise

“A Republic, if you can keep it. . .” Signed Sept. 17, 1787

Ratification Art. VII required 9 states to ratify Federalists v. Antifederalists

The Federalist Papers Alexander Hamilton James Madison John Jay

Ratification New Hampshire makes 9 Virginia and the Bill of Rights New York

Structures in the Constitution Separation of Powers (3 branches) Aristotle, Baron de Montesquieu Checks & Balances Deliberate inefficiencies Parties & Divided Government

Judicial Review Marbury v. Madison, 1803 John Marshall Writ of Mandamus

Amending the Constitution Proposing Amendments: By 2/3 vote of both houses of Congress or A national convention called by 2/3 of states Ratifying Amendments: Legislatures of ¾ of the states or Ratifying conventions in ¾ of the states Examples: ERA; 27th Amendment