American Constitutionalism

The Lessons of Experience Lessons of the colonial experience Lessons of the war Lessons from the state constitutions

The Articles of Confederation State Sovereignty/Autonomy Equal Vote per State Amendments require unanimous consent Limited Federal Power No power to tax, regulate trade No executive or judicial authority

Controversies at the Convention Purpose of the convention Strength of the new national government Status of the states Balancing the power of regions and states Role of the people (i.e. how democratic?)

Key Decisions Secrecy Expanded, but limited, national power. Compromises among regions. Great Compromise 3/5 Compromise

Key Decisions Divided power Internal checks and balances Separation of powers Federalism Bicameral legislature Internal checks and balances

Key Decisions Indirect elections and staggered terms

Key Decisions Amendment Procedures

Ratification Debate Antifederalist attacks /Federalist defense

The Result Institutionalized stability A government that represents both the states and the people, but is insulated from both. Slow and deliberative policymaking (gridlock)

The Living Constitution Vague language Elastic Clause Evolving Custom and Usage Presidential Cabinet Supreme Court interpretation Expansion of the Bill of Rights Amendments Altering federal or state powers Altering the electorate or its power Make structural changes in government.