Ch. 2 – The Constitution

1. How did the concept of higher law (unalienable rights) influence colonists’ world views? All humans are part of a higher law (God) where we are guaranteed natural rights (life, liberty, & property) These rights are ‘born with us, exist with us; and can’t be taken away’ (John Dickinson) This higher law goes beyond the King of England It became clear in early 1775, that the colonies would have to declare their independence from Great Britain if their liberties were to be assured

2. What was the real revolution according to the authors of the text? It was a radical change in the principles, opinions, sentiments, & affections of the people It had to do with a new vision of what could make political authority legitimate & personal liberties secure. It rejected royal power & tradition & demanded that political power comes from a written constitution where the gov’t. would respect individual liberty and a legislative branch would be superior to the executive branch

3. What were the weaknesses to the Articles of Confederation? Members of the Continental Congress were picked by members of each state legislature & not voted in by the people (it was really hard to create nat’l. laws) We didn’t have a national executive or judicial branch couldn’t solve disputes over land/trade between states No power to tax so we couldn’t raise $ for a standing army or to pay back our debts from the war

4. Why was Shays’ Rebellion significant in shaping the minds of the founders and the Constitutional Convention deliberations? It had a powerful effect on the Philadelphia Convention. Those that might have been reluctant to attend (especially those from New England), were scared that many state governments might collapse from internal dissention such as was seen with Shays’ Rebellion While they all thought it was important to attend, some thought we should crush these internal uprisings (G.W.) while others thought it wasn’t a big deal (T.J.) They all realized that the Articles weren’t working. The debate centered around how to fix it…

5. What were the founders trying to balance in creating a new Constitution? The debate about how to fix the Articles centered around whether or not we should create a stronger national government or stronger state governments. They had to balance these two opposing ideas They also had to balance how states would be represented in this new national legislative body…

6./7. Identify & describe specific differences & elements between the Virginia Plan, New Jersey Plan & the Great Compromise (Conn.) Virginia Plan Called for the creation of a strong national gov’t. divided into 3 branches (legislative, executive, & judicial) where the legislative branch would be divided into 2 houses where representatives from one house would be elected directly from the people and would be based on population with states larger states getting more representatives, & members from the other house would be chosen by members of the first house; the executive & judicial officers would be chosen by Congress Although the executive & judicial officers could veto laws, Congress could override it and thus had supreme power over the other 2 branches New Jersey Plan Proposed to amend (not replace) the Articles; enhanced the power of the national government (but not to the extent that the Virginia Plan did Each state would have one representative in Congress Great (Conn.) Compromise Congress would be comprised of a House of Representatives consisting initially of 65 members based on state population (supporting the Virginia Plan) and the Senate would consist of 2 senators from each state (supporting the New Jersey Plan) and these senators would be chosen by the state legislatures.

8. Create a table or chart that identifies & describes with examples: enumerated powers, reserved powers, & concurrent powers? Enumerated Powers specifically granted to our national government through the Constitution (Delegated Powers) Authority to print $; declare war; make treaties; conduct foreign affairs; regulate commerce among the states & with foreign nations Reserved Powers given specifically to the states only Issue licenses (marriage, etc.); regulate commerce within a state Concurrent Powers shared between the national & state governments Collect taxes; build roads, borrow $; and set up/maintain courts

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9. Describe the specific differences between the Federalists & the Anti-Federalists? Supported a strong national government that could raise $ to pay off the war debts & maintain a national standing army that would be able to remove the British & handle any state uprisings. Anti - Federalists Supported strong state governments because they feared that a strong national government would turn into something similar to Great Britain; state governments should wield autonomy in major decisions; the Constitution did not address individual liberties

10. Explain the founders’ motives at the convention, being sure to identify & describe Charles Beard’s theory & what evidence suggests? We are going to skip this one 

11. Identify & explain the terms: federalism, judicial review, habeas corpus, bill of attainder, ex post facto law? Federalism – dividing government into different levels (national, state, & local) Judicial review – the Supreme Court has the power to declare a law or executive action unconstitutional Habeas corpus – the accused have the right to know the evidence if they are detained by the government Bill of attainder – declaring a person guilty without a trial Ex post facto law – arresting someone for committing an act before it became illegal

Spongebob, look...Beachwood students! Tuesday! Spongebob, look...Beachwood students!