The Constitution and the Founding  Purpose of a Constitution?

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Presentation transcript:

The Constitution and the Founding  Purpose of a Constitution?

The Articles of Confederation – Adopted November, 1777  Little more than a loose alliance between the states  Specific Features

Articles of Confederation  Other problems: Economic Conditions Political Conditions

 The Problem: How best to secure liberty? How much power should government have? Proposal One: The Virginia Plan Proposal Two: The New Jersey Plan The Great Compromise

Principles embodied in the Constitution  Popular Consent  Rule of Law  Republicanism  National Supremacy (Supremacy Clause – Article VI)  Federalism  Separation of powers  Checks and Balances

Examples of Checks & Balances  Congress – How can Congress check the powers of the other branches?  President – How can the President check the powers of the other two?  Supreme Court – How can the Court check the powers of the other two?

Background: James Madison and the “Federalist Papers”  Factions and the “tyranny of the majority”  Solution:

Federalists versus Anti-federalists  How is liberty best achieved?

Powers granted by the Constitution  Delegated  Reserved  Implied Affirmed in McCulloch v. Maryland (1819)

Specific Limitations placed upon the Federal Government  Cannot suspend writ of habeus corpus  Cannot pass a bill of attainder  Cannot pass an ex post facto law

Changing the Constitution 

The Missouri Constitution  1820  1865  1875  1945

How Democratic is our Constitution? 