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Constitution Accomplishes
Two Things
n I. Principles – outlines the shared
principles of a nation
n Limited government
n Individual freedoms
n Divided power
n II. Outlines dispute resolution
What the U.S. Constitution
Does
n Establishes our governmental
institutions
n Grants them power
n Limits their power
Historical Events Leading to
Declaration of Indep.
n England
n Kept army in America
n Taxes
n Colonists
n Boston tea party
Historical Events Leading to
Declaration of Indep., cont.
n Coercive Acts, 1774
n Closed Boston harbor
n Limited individual freedom
n First Continental Congress, 1774
n 1776 Thomas Paine, “Common
Sense”
n Second Continental Congress, 1776
n Declaration of Independence
Declaration of
Independence
n Two elements of the D of I
n Ended Divine Authority
n Airing of grievances
n John Locke, “Two Treaties of
Government”
n Natural law
n Unalienable rights
Articles of Confederation
n First U.S. Government, 1781
n Alliance between the 13 colonies
n Illusion of a strong central
government
n No way to enforce central authority
n Real power resided with the states
Central Debates at the
Convention, continued
n I. States and the Nation
n Small states vs. Large states
- How would states be represented at the national level
- Virginia Plan – (Large States) Preferred representation based on population.
- New Jersey Plan – (Small States) Preferred equal representation, no matter the state’s size
Characteristic Virginia Plan New Jersey Plan
Legislature Two chambers One chamber
Legislative power Derived from the people
Derived from the states
Executive Unspecified size More than one person
Decision rule Majority Extraordinary majority
State laws Legislature can override
National law is supreme
Executive removal By Congress By a majority of the states
Courts National judiciary No provision for national judiciary
Ratification By the people By the states
Central Debates at the
Convention, continued
n I. States and the Nation
n Small states vs. Large states
- Connecticut Compromise – Compromise between the small states & large states - House of Representatives – representation based on population - Elected by the people - Three-Fifth Compromise – Every five slaves would count as three people - Senate – Equal representation - Elected by state legislatures until 1913
Central Debates at the
Convention, continued
n II. Government Authority and
Individual liberty
n How to protect individuals from abuses by the government
- Habeas Corpus – designed to protect citizens from illegal imprisonment, could not be suspended in peace time.
- Bills of Attainder – legislative punishment of an individual without the formality of a judicial trial
- Ex Post Facto – Laws declaring certain actions to be crimes after those actions have taken place. - Article I Section 9
Central Debates at the
Convention, continued
n II. Government Authority and
Individual liberty
n How to protect individuals from abuses
by the government
- Bill of Rights
- Not in original Constitution
- First 10 Amendments
- Believed not necessary because states had bill of rights in state constitutions
- Needed to get constitution ratified
Central Debates at the
Convention, continued
n III. Allocation of National Power
n How to divide power at the national
level (intended to protect individuals)
- Separation of Power – Constitutional authority is shared by three separate branches of government. - Legislative, Judicial, Executive
- Checks and Balances – The power of the legislature, executive, and judicial branches of government to block some acts by the other two branches.
Federalist Paper No. 51
(Separation of Powers)
n How to prevent one branch of gov’t
from getting too powerful
n Divide the houses in two
n Divide power between different
institutions.
Legislative Branch: Article I
n Establishment: Sections 1 – 7
n Establishes Congress
n Powers granted Congress & States:
Sections 8 – 10
n Section 8 – What Congress can do
n Section 9 – What Congress cannot do
n Section 10 – What states cannot do
Executive Branch: Article II
n Creates the presidency and the
executive branch
n Lists some presidential duties
Judicial Branch: Article III
n Created Supreme Court
n Grants judicial power
Article IV
n State to state relations
n States acknowledge the others
documents
- Marriage license
- Drivers license
