1. How did we get the government we have?
Constitution Ch 2
How did we get the government we have?

2. Philosophical Precursors Social Contract Theory
Montesquieu
Thomas Hobbs and John Locke
Social Contract
Declaration of Independence
Montesquieu - Spirit of the Laws (Separation of Powers)
HOBBES LOCKE MONTESQUIEU

3. NOTES EVENT/ ITEM WHO DESCRIPTION OUTCOME REVOLUTION
ARTICLES OF CONFEDERATION
SHAYS’ REBELLION
CONSTITUTIONAL CONVENTION
RATIFICAION OF THE CONSTITUTION

4. Declaration of Independence Second Paragraph The Preamble
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.
The Declaration Contained Several Ideas
• Persons share certain equalities.
• Government is the creation and servant of the people.
• People have a duty to overthrow a government that is not.
• The rights that all possess constitute a higher law.
• Governments are bound by their own laws.

5. Articles of Confederation
Confederation - "Firm League of Friendship"
State Autonomy
Few Powers given to Congress
Why did they set it up like this?

6. Failures of the Articles
No power to regulate interstate commerce
No single executive
No power to tax
Super Majorities
No Judiciary
No power to regulate the monetary system
What’s the problem with each one of these issues?
No monetary system - devaluation of the currency

7. Philadelphia Convention
Prelude to Philadelphia
Virginia Plan
New Jersey Plan
Great Compromise/Connecticut Compromise
Electoral College
Other Compromises
What was left out?
Prelude to Philadelphia
• Dissatisfaction with the Articles
– Not enough power for the central government
– Too much power for the states
– No regulation of Interstate commerce
• Shays's Rebellion
• Annapolis Convention
– "gripe session" about commerce and monetary issues
The Philadelphia (Constitutional) Convention Major Plans
• The New Jersey Plan resembled the Articles of Confederation.
– Plural Executive chosen by Congress
– Power to regulate commerce
– Single House Legislature
– Equal representation
• Virginia Plan
– Single Executive chosen by Congress
– Vast powers given to national government
– Two House Legislature
– Representation based on population or contributions to national government
The Philadelphia Convention Major Compromises
• Great Compromise
• 3/5 Compromise
• Commerce and Slave Trade Compromise
• Electoral College
be sure to cover the fact that the EC delegation will vote for whoever wins the pop vote in a state
What was left out? - Sufferage. Left in the hands of the states.

8. FEATURES OF THE CONSTITUTION
Checks and Balances
examples
Separation of Powers
Federalism
Republican Government
Secularism
Single Executive
Limited Popular Participation

9. ratification Opposition Reasons The Federalists Operational with
9/13 states
All 13 states
Emphasize that Checks & Balances and Separation of Powers are separate concepts
Secularism
• Constitution was a product of the Enlightenment
• The framers viewed government as a human creation
• The constitution had to serve a religiously diverse nation.
• Prohibition of a religious "test"
A Single and Independently Elected Executive
• The framers did not agree on the form the executive would take until late in the convention.
• The electoral college was devised to elect the president.
Ratification
• Approval by conventions in 9 states to ratify
• Federalists supported ratification, Antifederalists opposed it
• Reasons for Opposition
• The debate over ratification produced The Federalist, by Jay, Hamilton, and Madison.
Anti-Federalists
Federalists

10. Limiting Power
Federalism
Separation of Powers
Checks and Balances

11. Judicial Review Constitutional Basis Marbury v Madison Fletcher v Peck
Martin v Hunter's Lessee

12. "Powers" Delegated Expressed Implied "Necessary and Proper"
McCulloch v. Maryland
Reserved
Inherent
Concurrent
Denied/Prohibited

13. Delegated Powers Broad Categories Include: Tax, Spend, Borrow
Monetary Policy
Regulate Commerce
Military Policy
Foreign Policy
Specifically Mentioned in Article I section 8

14. Adaptability
Short
Vague/Informal Amendment
Formal Amendment

15. Formal Amendments Propose 2/3 Congress National Convention Ratify
3/4 State Legislatures
3/4 Special Ratifying Conventions
Mention that the effect of most all of the amendments is to expand public participation "egalitarian and democratic"

16. Bill of Rights Added to satisfy the Anti Federalists
Madison argued that it was not needed
Applied ONLY to the National Government
Barron v. Baltimore
Rights protected in the original text
Rights protected in the original text
habeas corpus
expost facto
bill of attainder
jury trial

17. FRQ
The government under the Articles of Confederation was ineffective, yet some political leaders still feared a new form of republic.
A. Identify and describe two reasons some leaders feared the new plan.
B. Give two specific examples of how the fears you identified in Part A were alleviated in the compromises reached at the Constitutional Convention.

18. FRQ HOW TO Pay attention to the instruction words. There are 3:
Identify
Describe
Explain
How much?
What do you NOT need to include?