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Chapter 2
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A plan that sets forth the structure and powers of government. Specify main institutions of government. State powers of the institutions and the procedures that institutions must make, enforce and interpret law. Specify how they can be amended. Everyone must obey. What is a Constitution?
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Limited government Restraints on power through fair and frequent elections Opposites are: autocracy, dictatorship or totalitarianism Founders wanted limits because of British King Act as a higher law Basic rights Responsibility of government to protect people Limits Changed with procedures What does it mean?
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“Give all power to the many, they will oppress the few. Give all power to the few, they will oppress the many.” – Alexander Hamilton, 1787 From the nature of man, we may be sure that those who have power in their hands... will always, when they can... Increase it.”-George Mason, 1787 1. What view of human nature is expressed? 2. If you agree with the views of human nature expressed in these statements, what kinds of safeguards to prevent abuses of power would you include in a constitution? Questions
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Magna Carta/”Great Charter” 1215 Rule of Law Basic Rights Government by agreement or contract Writ of Habeas Corpus Act of 1679 Writ is a court order to a government official commanding an official to deliver “habeas” a person “corpus” who is in custody to a court of law to explain why the person is being held. British Origins
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English Bill of Rights Rule of law Representative government Questions: What limits does the right to a writ of habeas corpus place on the monarch and on an official? What examples of situations can you think of that violate the right to a writ of habeas corpus? British Origins
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Jamestown Mayflower Compact Declaration of Independence- 1776 Natural Rights Human Equality Government by consent “A long trial of abuses.” Right of revolution Americans
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The Declaration of Independence states that people have a right to abolish their government. When is revolution necessary? Are a “long Train of Abuses and Usurpations” required for revolution to be legitimate? Why or why not? In what ways does the Declaration of Independence reflect John Locke’s social contract theory? Questions
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Articles of Confederation- first Constitution Government dominated by states Most authority rested with state legislatures b/c fear of British rule Now What?
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1.No army 2.No taxes to pay for government 3.No control of interstate trade 4.No federal supremacy 5.No Supreme Court 6.No control of currency 7.State could tax imports and exports Articles of Confederation
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Shay’s Rebellion 1786, Massachusetts rebellion Revolutionary War- farmers went to fight; farm prices increased during the war; farmers borrowed money from banks; couldn’t repay the debts after the war; taxes up and prices still high – rebelled Neither the Congress nor the state could raise a militia to stop Shay Illustrated great need for a strong national government Problems
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Called in 1786 to revise the articles and in 1787 called for a meeting of all states May 1787 Constitutional Convention in Philadelphia 12 states- no RI 55 delegates Who were they? Who did not come? Patrick Henry, Thomas Jefferson, John Adams Convention
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The Virginia Plan The New Jersey Plan The Connecticut Compromise (The Great Compromise) Plans Presented
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1.An army 2.Can tax to pay for government 3.A Supreme Court- judicial review 4.Coin and regulate the currency 5.No export taxes 6.Control of interstate trade 7.Federal supremacy-unity without uniformity Strengths of Constitution
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Articles created a “league of friendship” Congress could not tax, only request contributions Congress could not regulate trade No separate executive No judiciary to handle state disputes States and national government had authority to coin money Each state had one vote 9/13 to pass legislation Unanimous consent to amend Articles How the Constitution Fixed the Articles
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Supported the greatly increased powers of the central government and believed that the Constitution adequately protected individual liberties. Federalists
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Favored Constitution Led by Madison, Hamilton, and Jay Stressed weaknesses of Articles; strong central government needed to protect nation and solve domestic problems Checks and balances would protect against abuses Protection of property rights Constitution is a bill of rights with limitations and reserved powers for the states; state constitutions already had protections in bills of rights Federalists
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believed that the proposed government would be oppressive and that more individual freedoms and rights should be explicitly guaranteed. Anti-Federalists
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Opposed Constitution Led by Patrick Henry, George Mason, Samuel Adams Wanted strong state governments; feared a strong national government Created a strong executive similar to monarchy Wanted fewer limits on popular participation Wanted a bill of rights to protect individual liberty and citizens against government and individual Anti-Federalists
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No. 10 and No. 51 Bill of Rights Supported By
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