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The Constitution Chapter 2 Edwards, Wattenberg, and Lineberry
Government in America: People, Politics, and Policy Fourteenth Edition Chapter 2 The Constitution
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Draw Ohio’s Flag
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Constitution Definition A constitution is a nation’s basic law
It creates political institutions Divides powers in government Sets the broad rules of the game
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THE “REAL” REVOLUTION (IDEOLOGY )
LEGITIMATE GOVERNMENT AUTHORITY SOCIAL CONTRACT THEORY HUMAN LIBERTY PRECEDED GOVERNMENT LEGISLATIVE BRANCH MOST IMPORTANT THEY REPRESENTED THE PEOPLE
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Origins of the American Revolutiuon
The Road to Revolution Tax increases after French and Indian War Colonists lacked direct representation
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HOBBES LOCKE ROUSSEAU The Social Contract
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Origins of the Constitution
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DECLARING INDEPENDNCE
Second Continental Congress met The Declaration of Independence (adopted on July 4, 1776)
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EARLY U.S POLITICS DECLARATION OF INDEPENDENCE (1776)
CH 2 SUM EARLY U.S POLITICS DECLARATION OF INDEPENDENCE (1776) WRITTEN BY THOMAS JEFFERSON PHILOSOPHICAL JUSTIFICATION LIST OF GRIEVANCES ACTION TO BE TAKEN 1-PHILOSOPHY 2-GRIEVANCES 3-ACTION
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The American Revolution
It was a “Conservative” Revolution Restored rights colonists felt they had lost Not a major change of government Winning Independence Revolutionary War US wins (Thanks to France, Russia. & others)
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ARTICLES OF CONFEDERATION
CH 2 SUM ARTICLES OF CONFEDERATION WRITTEN IN 1777, RATIFIED IN 1781 “FIRM LEAGUE OF FRIENDSHIP” SINGLE-CHAMBER CONGRESS NO EXECUTIVE NO NATIONAL COURTS
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Day 1 goal
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The Articles of Confederation
First document to govern United States Government power rested in the states Confederate Government was weak TOO WEAK!
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WEAKNESSES OF THE ARTICLES OF CONFEDERATION
NO POWER TO TAX NO REGULATION OF COMMERCE EACH STATE INDEPENDENT ONE VOTE PER STATE 9 / 13 REQUIRED TO PASS LAWS STATE MILITIA BASED MILITARY NO JUDICIAL SYSTEM UNANIMOUS AMENDMENT PROCESS
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THE CRITICAL PERIOD NAT. GOV’T TOO WEAK ECONOMY WAS STAGNATE
SHAY’S REBELLION U.S. BEGAN TO DISSOLVE
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Changes in the States Liberalized voting laws
Expanding economic middle class Ideas of equality accepted Concept of ‘democracy’ spread
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The Miracle at Philadelphia
Members of the Constitutional Convention 55 men from 12 of the 13 states Mostly wealthy planters and merchants Most were college graduates with some political experience Many were coastal residents from the larger cities, not the rural areas
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Declaration of Independence
56 signers 38 English 18 were non-English 8 were not born in the colonies
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JAMES MADISON “FATHER OF THE CONSTITUTION” AND FOURTH U.S. PRESIDENT
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Origins of the Constitution
The English Heritage: The Power of Ideas Natural rights Consent of the governed Limited Government
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The Philadelphia Convention
Constitution reflected certain beliefs Self interest is Human Nature Political conflict lead to factions The objectives of government, includes preservation of property and community Nature of Government was to rule
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Basic Ideas of the Constitution
Separation of powers between three branches. Checks and balances provide oversight. Government takes the form of a federal system. National Powers & State Powers
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Montesquieu: The Spirit of Laws
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LIMITED GOVERNMENT DIVIDED POWERS LEGISLATIVE BRANCH EXECUTIVE BRANCH JUDICIAL BRANNCH
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GEORGE WASHINGTON PRESIDING OFFICER OF THE CONSTITUTIONAL CONVENTION AND FIRST U.S. PRESIDENT
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NEW JERSEY REPRESENTATIVE TO THE CONSTITUTIONAL CONVENTION
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The Compromises in Philadelphia
Representation of the States New Jersey Plan—equal representation Virginia Plan —population-based Connecticut Compromise Slavery Left up to each state Three-fifths compromise Slave Trade compromise
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Day 2 Goal
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CONSTITUTION CREATED ‘FEDERALISM’
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CONSTITUTION CREATED A REPUBLIC
NOT A ‘DEMOCRACY’
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THE FRAMERS' MOTIVATIONS ?
THEIR OWN SELF INTEREST ? CHARLES BEARD STATE ECONOMIC CONCERNS ? MORE RECENT RESEARCH PRACTICAL POLITICS ? (ROCHE) HAD TO GET STATES’ APPROVAL
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EARLY U.S POLITICS BATTLE FOR RATIFICATION (1787-1790) FEDERALISTS
CH 2 SUM EARLY U.S POLITICS BATTLE FOR RATIFICATION ( ) FEDERALISTS HAMILTON / MADISON / JAY WANTED RATIFICATION ANTI-FEDERALISTS JEFFERSON AGAINST RATIFICATION
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Ratifying the Constitution
Federalist Papers 85 articles for ratification Hamilton, Jay, Madison Bill of Rights promised Focus on basic liberties Eventually the first 10 amendments
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The Constituition & Individual Rights
Protected writ of habeas corpus No bills of attainder No ex post facto laws No religious qualifications for office
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THE CONSTITUTION & PERSONAL LIBERTY
NO BILL OF RIGHTS (WHICH LISTS IND. RIGHTS) LIMITED MANY PEOPLE BLACKS (SLAVERY) WOMEN (NO VOTE) NAT. AMERICANS (NO CIT.)
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So a Bill of Rights was added
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Day 3 Goal
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Article I: Legislative Branch
Bicameral, Senate and House. Section 8 lists enumerated powers. Final clause is necessary and proper clause. This is the basis for Congress’ implied powers.
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Article II: Executive Branch
President with a four-year term. Qualifications for and removal from office. Lists powers of the office. Commander in chief, treaties, appointments.
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Article III: Judicial Branch
Establishes only a Supreme Court. Sets boundaries of Supreme Court’s jurisdiction. Gives Congress power to establish lower courts.
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INTERSTATE RELATIONS Article IV includes full faith and credit clause.
Articles IV INTERSTATE RELATIONS Article IV includes full faith and credit clause. Article IV includes provisions about new states.
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Articles V AMENDMENT PROCESS
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The Importance of Flexibility
It does not prescribe every detail The Constitution changes according to needs
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Constitutional Change
Formal Constitutional Change Amendment process Informal Constitutional Change Judicial Interpretation Marbury v. Madison (1803) Judicial review Legislative desires
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Articles VI The supremacy clause.
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Article VII contains provisions for ratification.
Articles VII Article VII contains provisions for ratification.
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U.S CONSTITUTION BASED ON THE MADISON MODEL
Goal to stop ‘tyranny of the majority’ Representative Democracy Limiting Majority Control Separating Powers Creating Checks and Balances Establishing a Federal System
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The Madisonian Model
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Understanding the Constitution
The Constitution and Democracy Gradual democratization of the Constitution The Constitution & the Scope of Government Multiple access points for citizens Encourages stalemate Limits government
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Summary The Constitution strengthen national government powers through compromise. Protection of individual rights increased through the Bill of Rights. Formal and informal changes continue to shape our Madisonian system of government.
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END NOTES
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AP CHAPTER 2 - OBJECTIVES THE CONSTITUTION
1-EXPLAIN THE NOTION OF “HIGHER LAW” BY WHICH THE COLONISTS FELT THEY WERE ENTITLED TO CERTAIN “NATURAL RIGHTS”. ALSO LIST THOSE RIGHTS. 2-COMPARE THE BASIS ON WHICH THE COLONISTS FELT A GOVERNMENT COULD BE LEGITIMATE WITH THE BASIS OF LEGITIMACY THEN ASSUMED BY MONARCHIES. 3-LIST AND DESCRIBE THE SHORTCOMING OF THE ARTICLES OF CONFEDERATION.
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AP CHAPTER 2 - OBJECTIVES THE CONSTITUTION
4-COMPARE AND CONTRAST THE VIRGINIA AND NEW JERSEY PLAN, AND SHOW HOW THEY LED TO THE “GREAT COMPROMISE”, AKA CONNECTICUT COMPROMISE. 5-EXPLAIN WHY SEPARATION OF POWERS AND FEDERALISM BECAME KEY PARTS OF THE CONSTITUTION. 6-EXPLAIN WHY A BILL OF RIGHTS WAS NOT INITIALLY INCLUDED IN THE CONSTITUTION AND WHY IT WAS ADDED. 7-LIST AND EXPLAIN THE TWO MAJOR TYPES OF CONSTITUTIONAL REFORM ADVOCATED TODAY, ALONG WITH SPECIFIC REFORM MEASURES.
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AP CHAPTER 2 = IMPORTANT TERMS
ARTICLES OF CONFEDERATION CHARLES A. BEARD CONSTITUTION CONSTITUTIONAL CONVENTION DECLARATION OF INDEPENDENCE FEDERALISM FEDERALIST PAPERS GREAT COMPROMISE
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AP CHAPTER 2 = IMPORTANT TERMS
JOHN LOCKE JAMES MADISON NATURAL RIGHTS NEW JERSEY PLAN SEPARATION OF POWERS SHAY’S REBELLION VIRGINIA PLAN
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AP CHAPTER 2 - IMPORTANT TERMS
AMENDMENT (CONSTITUTIONAL) ANTIFEDERALISTS BILL OF ATTAINDER BILL OF RIGHTS CHECKS AND BALANCES COALITION CONFEDERATION
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AP CHAPTER 2 - IMPORTANT TERMS
EX POST FACTO LAW FACTION JUDICIAL REVIEW LINE-ITEM VETO MADISONIAN VIEW OF HUMAN NATURE REPUBLIC UNALIENABLE RIGHTS WRIT OF HABEAS CORPUS
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AP CHAPTER 2 = QUESTIONS 1-WHY, IF ONE IS CONCERNED WITH PROTECTING HUMAN LIBERTY, WOULD ONE WANT TO MAKE THE LEGISLATIVE BRANCH OF GOVERNMENT DOMINATE, RATHER THAN THE EXECUTIVE OR JUDICIARY? 2-WHAT FEATURES OF THE CONSTITUTION MAKE IT DIFFICULT FOR GOVERNMENT TO ACHIEVE ANYTHING? WHY WERE THEY INCLUDED?
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AP CHAPTER 2 = QUESTIONS 3-THE FRAGMENTATION OF POWER UNDER THE CONSTITUTION (SEPARATION OF POWERS) MAKES THE ENACTMENT OF PUBLIC POLICY A SLOW PROCESS. CAN THE UNITED STATES THRIVE , INDEED SURVIVE, IN A FAST PACED, MODERN NUCLEAR AGE WHEN THE GOVERNMENT CANNOT RESPOND QUICKLY? 4-HOW DID THE ORIGINAL CONCEPT OF THE ELECTORAL COLLEGE REFLECT THE FOUNDERS’ DISTRUST OF DEMOCRACY? WHAT OTHER CONSTITUTIONAL FEATURES LIMITED THE ROLE OF POPULAR MAJORITIES?
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AP CHAPTER 2 = QUESTIONS 5-EXPLAIN WHAT JEFFERSON MEANT WHEN HE SAID THE TREE OF LIBERTY MUST BE REFRESHED FROM TIME TO TIME WITH THE BLOOD OF PATRIOTS AND TYRANTS?”
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