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The Constitution and the Founding (Implications of Constituion :warning:…
The Constitution and the Founding
Colonial Experience
Brits Ruled & Founded for Different Reasons
Revolt
Dislike of Monarchy
Dislike of taxation w/out representation
Stamp Act of 1765
30 years war
Second Continental Congress (1775)
Purpose
Revolt
Stay with Brits
Declaration of Independence (1776)
Influence of John Locke (philosopher)
People have natural, inalienable rights
Legitimate political authority is based on the consent of the
governed
Drafters were elite of society
Articles of Confederation (1781-1789)
First basic governing document
Failures
Loose association of independent states
Really anti monarchy
Not much federal power
No Tax
No standing army
Too much state power
Too much limited goverment
National government
Couldnt taxt
Couldnt regulate trade
No standing army
Too much state power
No Executive Branch
No President
Congress couldn't require states to pay for army or war
Fixing
Needed to be changed
Public Dissatisfaction
Hella debt and bankruptcy
Shay's Rebellion (1786-1787)
farmers rebelling over taxes
Federal Convention (1787)
Called to improve AOC
In the end restructured
Became Constitutional Convention of (1787)
Framing Constitution
Political Theories of Framers
Republicanism
Locke
Legitimacy of Government in consent of the governed
People have natural rights
People represented through elected officials
Human Nature
Distrust of Mass Public & Popular Majorities
Tyranny of Majority
Human Nature as self-interested
Separation of Powers & Competition
Economic Interests
Founders wrote the document
rich white assholes
Importance of protecting private property
Region > Class
Not much class differences
Rich Vs Poor
Hella regional differences
North: Industrial
South: Agriculture
Constitutional Debate
Themes/Backgrounds
Basis of representation
Large vs Small States
Legislative Power Vs Executive Power
National Vs State Power
Slave States Vs Non-Slave States
*Majority Rule vs Minority Rights
:warning: :fire:*
Concern over protecting minorities
Regional
Southerners
Economic
Poor peeps
Majority Tyranny
Population can be misled
Checks & Balances to fix
Dividing power between federal, state, & local governments
Pluralism
Large Population leads to Diverse Interersts
Hard for Majority to Dominate
Key Constitutional Debates
Large Vs Small States
Virginia Plan (Large States)
Congress
Representation in proportion of population
Bicameral Legistlator
House
Elected directly by people
Senate
Elected by House
Executive
Powerful
Selected by congress
Veto Power
Congress has override
Judiciary
National Judiciary
For life
Elected by Congress
Points of Difference
Should there be a federal court system
What type of executive
How should be Chosen
How members of Congress should be chosen
How Representation Determined in Congress
New Jersey Plan (Small States)
Congress
Unicameral Legislator
Elected by States
All states represented equally
Executive
Multiperson executive
Judiciary
No national judiciary
Connecticut Compromise
#
Congress
US house of representatives
Determined by Population
Elected by people
Senate
Senate by State Legislators (1900s)
Executive
President with limited powers
Veto power
Congress overrides
North vs South States
Slavery
Postponed for 20 years
Should the constitution abolish slavery
Population Count
3/5th compromise
South = Pro Slavery
1 slave = 1 representation
Immensely increase southern population & political representation
North is implied
Government & Individual Rights
Anti-federalist
Concerned that constitution regulated individual liberties
Federalist
Believed a list of civil liberties wasn't necessary
Constitution only gave government specialized power
Compromise
Bill of Rights (First 10 Amendments)
How to Maintain Relevance
Ambiguity
Amending Constituion
First Step: Proposal
Second Step: Ratification
State Ratification Conventions
3/4th Vote
State Legistlators
3/4th Vote
Proposal from Two Possible Sources
National Convention
2/3rd of state legislator
Congress
2/3rds Vote
Congressional Proposal + State Legislator Ratification = Dominant Path
Ignore Outdated Sections
Multiple interpretations
Implications of Constituion :warning:
Republicanism
Federalism
Separation of Powers
Checks & Balances
Additional
Status Quo System
Flexible System
Importance of Compromise