American Government The Constitution You think you know…

Declaration of Independence American Government Written by Thomas Jefferson Inspired by John Locke Natural Rights, Constitutionalism, Constitutional democracy, Republic (Representative democracy): a gov. where people elect those who govern to make and pass laws.

British Colonial Rule American Government Unitary System – all power flows from one central government Powerful British Government Political Subunits (Colonies)

Articles of Confederation American Government 1781 – 1789 – RIP Confederate System – power concentrated in political subunits (states) with a weak central government (typically unite for a common goal)

Constitution American Government Federal System – powers are divided and/or shared between state and central governments (Current gov’t designed by framers) Central US government State governments

Articles of Confederation American Government 1781 -1789 Unicameral Most power rests in state legislatures No power to tax No regulation of foreign or interstate trade No national currency No national defense

Weaknesses Could not repay war debts National economy stagnant Confederacy is only a “firm league of friendship”. States maintain “full sovereignty” “Friends with Benefits vs. Marriage”

Shays’s Rebellion American Government Colonies were in debt after the war, central gov’t tried to raise taxes Farmers in western Massachusetts rebelled against tax they could not afford Rebelled against foreclosures, forced judges out of court, freed debtors from jail Showed that national gov’t was weak, needed to seek a stronger national gov’t

The Constitutional Convention American Government 1787 Revising the A of C Demographics of Delegates -55 delegates (none from RI) -33 Lawyers -half were college graduates -7 former governors -7 plantation owners -8 business leaders -age 26-81 (avg. age 42) -all male, all white

Two “Revision” Plans Virginia Plan Favored large states American Government Virginia Plan Favored large states Strong central government Bicameral (two house) legislature – larger house elected by the people (House of Representatives, and a smaller house that was selected by larger house (Senate) (This would change in the 17th Amendment)

Two “Revision” Plans New Jersey Plan American Government New Jersey Plan Agreed with strong central government…BUT Congress would be unicameral (one house) with states having equal votes Did not want large population states to dominate the legislature

Great Compromise American Government A bicameral legislature in which the House of Representatives membership apportioned according to the state populations, plus 3/5 the slave population An upper house, the Senate, which would have two members from each state, elected by the state legislature (popularly elected today)

Three-fifths Compromise American Government Agree to allow the South to count 3/5 of the slave population in each state to balance the power of North and South

Madisonian Principles of Gov’t in the Constitution American Government Liberty- The idea of freedom of movement and expression Popular Sovereignty – power to govern belongs to the people, gov’t based on the consent of governed Separation of Powers – division of gov’t between branches: executive, legislative and judicial Checks and Balances – a system where branches have some authority over others Limited Government – gov’t is not all-powerful, and it does only what citizens allow

Madisonian principles Federalism – division of power between central government and individual state Individualism- the idea that people should take responsibility for their own advancement and that rights inhere in persons, not groups. Laissez-faire economics- espouses limited gov in market activities.

Separation of Powers Prevents an all-powerful ruling body American Government Prevents an all-powerful ruling body Article I Legislature – passes law (Congress) Article II Executive – enforces law (President) Article III Judiciary – interprets law (Supreme Court)

The Constitution Article IV The full faith and credit clause requires that the legislative and judicial actions of one state be honored by the other states. Additionally, a citizen of any state has the same privileges as citizens of all the other states. Article IV also provides for adding new states to the union, guarantees each state a republican form of government, and ensures protection against invasion or domestic violence. “ Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof. “

The Constitution Article V Process for Amending the Constitution. 2/3 majority of the House and Senate 2/3 majority of State Conventions

The Constitution Article VI States that the Constitution is the Supreme Law of the Land “Supremacy Clause” “establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the supreme law of the land.”

Fed vs. Anti-Fed Ratification – formal approval American Government Ratification – formal approval Federalist – in favor of adoption of US Constitution creating a federal union and strong central government Anti-Federalist – opposed to ratification in 1787, opposed to strong central government

Federalist Papers Best political theory ever written in US American Government Best political theory ever written in US Written by Alexander Hamilton, James Madison, and John Jay Publius Convince public for ratification

Federalist #10 Madison addresses biggest fear of gov’t American Government Madison addresses biggest fear of gov’t Faction – a group in a legislature or political party acting together in pursuit of some special interest (think fraction – ½, 1/3, etc) Founding fathers were concerned that our government would be ripped apart Madison defends our national Constitution

Federalist #10 Separation of Powers check the growth of tyranny American Government Separation of Powers check the growth of tyranny Each branch of government keeps the other two from gaining too much power A republic guards against irresponsible direct democracy or “common passions” Factions will always exist, but must be managed to not sever from the system.

Anti-Fed Response Central gov’t would threaten liberty American Government Central gov’t would threaten liberty Aristocratic tyranny could happen Demanded a guarantee of individual rights and liberty States power was too limited

Bill of Rights 10 amendments to the Constitution American Government 10 amendments to the Constitution guaranteed individual freedoms and rights limited power of national government, guaranteed rights to states Ratified in 1789, Bill of Rights added 1791

The Preamble We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.