Constitutional Principles GOV MT 1, Assignment #3

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)

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

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

Compromises

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

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

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

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

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

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.

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

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

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

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