Chapter 2 Constitution n A nations basic law
Chapter 2
Constitution n A nation’s basic law
English Heritage: n Natural Rights: n n Consent of the governed n n The rights inherent in human beings, not dependant on the gov’t People must agree on who their rulers will be Limited Government n Must be clear restrictions on what rulers may do
Oops! Articles of Confederation n Shays’ Rebellion n Aborted Annapolis Meeting n
Let’s Try This Again! n Philadelphia n n Revision or Restart? Restart…but how do we do it?
Fairness n New Jersey Plan n n Each state represented equally in a congress Virginia Plan n State representation in Congress based on population
Compromise! n Connecticut Compromise n Create two houses of Congress n n One based on population The other equal representation of all states
Forgot about that… What about slavery? ? n Limit the future importation of slaves n AND! n Slaves would be counted as 3/5 of a person for representative purposes
Individual Rights? ? n n Constitution says little about personal freedoms Prohibits: n n n Suspension of writ of habeas corpus Bills of attainder Ex post facto laws Religious qualifications for holding office Rules of evidence for treason Right to a jury trial
Madisonian Model Thwarting tyranny of the majority n Separation of powers n Creating checks and balances n Establishing a federal system n
What are we…exactly n Republic n System based on the consent of the governed in which representatives of the pubic exercise power n We choose the people who make the decisons
Ratification of the Constitution n Federalists n n Supported ratification Anti-Federalists n Opposed ratification
Interpretation Article III n Marbury v. Madison n n Supreme Court claimed the right of judicial review
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