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A fundamental mistake of the Americans has been, that they considered the revolution as completed, when it was but just begun. Having raised the pillars of the building, they ceased to exert themselves, and seemed to forget that the whole superstructure was then to be erected. Noah Webster 1790
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55 delegates from 12 states (Rhode Island refused to show) They were highly educated and some of the best known names in American history: Washington, Madison, Franklin, Pinkney, Hamilton Products of the Enlightenment, but shrewd politicians A unique assembly of men at any one time
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Framers met on May 25 th -September 17 th 1787 Worked in secret to protect themselves from outside pressure Washington designated President of the Convention
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1. Unique/Necessary No true precedent for a written constitution Legitimate authority derived from the people Articles too weak to work-”What a triumph for our enemies to find that we are incapable of governing ourselves.” - G. Washington No national identity
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2. Boring, but rational No Declaration of Independence An instrument of action Full of precautions Vague-necessary and proper, high crimes and misdemeanors, others 3. Blueprint for Federal Government 4,000 words, provided a framework for government while leaving the “brushstrokes and detail” to later generations 7 Articles Preamble-Purpose of government Power Map-Articles I, II, III Relationship with States-Article IV Amendments-Article V National Supremacy-VI Ratification-VII
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4. Bundle of Compromises How shall representation be decided in government? (Great Compromise) How much authority shall the federal government have? (Article Section 8, 9) What will protect people and the government from other branches? (checks and balances) Shall Congress have the power to regulate commerce and how? (can tax imports, but not exports, and can regulate interstate trade) How should states be formed in the frontier? How can Constitution be changed? What will we do about slavery? (can’t interfere with slave trade until 1808) How much democracy? (House directly elected, Senators chosen by states, President through Electoral College, judges by President and Senate) How much political equality?
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5. An experiment in government seen through several cases such as Marbury v. Madison, McCulloch v. Maryland, the Civil War (no Confederate was brought to trial for no one knew if the states had a right to secede. 6. Conservative document achieved through liberal means. Conservative because is protected property and provided stability, social classes didn’t change as a result of the Constitution Liberal because it attempts to achieve status quo and equality through checks and balances, separation of powers, elastic clause
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7. Supreme law of the land as established through Article VI- “This Constitution…shall be the supreme Law of the Land” 8. Generational: a flexible document that can not be changed on a whim, but contains ambiguous phrases to allow for simple changes 9. Store of values discussing ideas such as representation, no factions, limited government 10. Imperfect because it does not end slavery, no Bill of Rights, vague phrases,
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Congress has 2 houses or is bicameral House of Representatives chosen every two years by people and proportional to state population (435) Senators chosen every 6 years by state legislatures (until 1913) with 2 per state (100) The House represents the people, all revenue bills start here; the Senate represents states, all treaties and presidential appointments approved by them All laws must pass both chambers before sent to president Article I, Section 8 lists the enumerated powers of government, but Section 8 also contains the elastic clause or necessary and proper clause allowing the government to grow over time
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Section 9-Powes Denied to Congress Suspending Writs of Habeas Corpus No Bills of Attainder or Ex post facto laws passed No money spent without an appropriations law Section 10-Powers Denied to States Enter a Treaty, Coin Money, pass Bills of Attainder Raise an army or navy Tax Imports or Exports
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The President serves a 4 year term and is chosen through the Electoral College, not the people at large The president has power, but how much is open to interpretation His primary job is to enforce the laws, which today is a vast bureaucracy of over 2 million people
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Shortest of the articles and vaguest Judges serve life terms, but must be appointed by the President and approved by the Senate Designed to interpret the Constitution and determine what powers belong to the federal government and state governments
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A complicated procedure, but doable: the process allows for necessary changes to be made, but not easily (only 27 amendments, 10,000 proposed)
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1. Popular sovereignty: The people are the source of the government’s power, although indirectly. The government acts in response to the what the people want. 2. Federalism: the power of the government is divided between the national and state governments (this will be examined later). This idea is important because it allows the US to be united (which the Articles did not provide) and give the states the ability to govern themselves according to their needs. In other words, the states handle the small things, the federal government deals with the big picture.
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Legislative Branch Executive Branch Judicial Branch Make laws Declare war Spend money (borrow money) Impeach Enforce laws Veto bills C-I-C of military Appoint officials Represent the US Interpret laws Create uniformity in the law 3. Separation of powers: Each of the 3 branches of government has its own responsibilities in order to prevent not only tyranny, but also the growth of factions, limiting pluralism (political parties).
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4. Checks and balances: Each branch of government holds some type of control over the other branch
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5. Judicial Review: The power of the courts to determine what laws are constitutional or not. In the case of Marbury v. Madison (1803), the Supreme Court determined that Article III gives them the power to decide “what the law is”. This opinion can only change if Court membership changes or an amendment is passed.
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6. Limited government: the Constitution limits the powers of government by only giving it certain authority.
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