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Ch. 2: The Constitutional Framework

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1 Ch. 2: The Constitutional Framework

2 Roots of American Law English Heritage
Natural Rights Theory & John Locke The Revolutionary Philosophy & the Declaration of Independence Common law

3 Roots of American Law, cont.
Colonial Governments Mayflower Compact Legislatures Bicameral vs. Unicameral

4 The Articles of Confederation (1781)
Our first “constitution” State-centered; weak national government “League of friendship” between states Major decisions required unanimity No compulsory tax power “. . . a half-starved, limping Government that appears to be always moving upon crutches, and tottering at every step.” -GW

5 Time for a change The Annapolis Convention (1786)
Alexander Hamilton Call for a Convention, Philadelphia, 1787 Shays’ Rebellion-Massachusetts

6 The Philadelphia Convention, May-September, 1787
“Revise and extend” the Articles of Confederation The Delegates George Washington James Madison, the “Father” Benjamin Franklin, Alexander Hamilton Non – Delegates: Patrick Henry Thomas Jefferson Rhode Island

7 The Scene: Philadelphia
“Not a pleasant place” President Washington Rule of secrecy

8 The Issues: Legislative Power
Madison’s VIRGINIA PLAN Bicameralism Paterson’s NEW JERSEY PLAN Sherman’s CONNECTICUT COMPROMISE

9 The Issues: Slavery and Apportionment
Taxation & Legislative Representation in the Constitution The Three-fifths Compromise

10 “A Republic, if you can keep it. . .”
Signed Sept. 17, 1787

11 Ratification Art. VII required 9 states to ratify
Federalists v. Antifederalists

12 The Federalist Papers Alexander Hamilton James Madison John Jay

13 Ratification New Hampshire makes 9 Virginia and the Bill of Rights
New York

14 Structures in the Constitution
Separation of Powers (3 branches) Aristotle, Baron de Montesquieu Checks & Balances Deliberate inefficiencies Parties & Divided Government

15 Judicial Review Marbury v. Madison, 1803 John Marshall
Writ of Mandamus

16 Amending the Constitution
Proposing Amendments: By 2/3 vote of both houses of Congress or A national convention called by 2/3 of states Ratifying Amendments: Legislatures of ¾ of the states or Ratifying conventions in ¾ of the states Examples: ERA; 27th Amendment

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