CHAPTER 2 The Constitution Constitution o What is
- Slides: 17
CHAPTER 2 The Constitution
Constitution o What is constitution n Nation’s basic laws o How did we get the US constitution? n Declaration of independence o Mostly written by Thomas Jefferson n English Heritage o John Locke’s theory of natural rights, consent of the governed, and limited government n Jefferson o Equal creation, unalienable rights, rule instead of be ruled
The Constitution o The Articles that failed n Why? o Shays rebellion n Series of attacks on courthouses to block foreclosure proceedings n Made the elite think about people taking the law into their own hands , violating property rights of others
The Constitution o Philadelphia Convention met to write the new constitution n Problem of Equality Issues o New Jersey Plan n Equal representation by states, regardless of population size o Virginia Plan n Representation based on population of state o Connecticut Compromise o 3/5’ s Compromise
The Constitution o Originally there was no specific protection of individual rights. o Did prohibit suspension of the writ of habeas corpus n Court order requiring jailers to explain why they are holding a prisoner in custody o o o No ex post facto laws Strict rules and outlines for conviction of treason Right to trial by jury in criminal cases No religious qualifications for holding office No bills of attainder n Punish people without a judicial trial
The Madisonian Model o Framers believed that human nature was self-interested o Wealth inequalities were main source of political conflict o Protecting private property was key for governments o Fear that an unwealthy majority would tyrannize the wealthy minority o How do you reconcile economic inequality with political freedom?
The Madisonian Model o Place as much of the government as possible beyond the direct control of the majority o Separate the powers of different institutions o Construct a system of checks and balances
The Madisonian Model o Limiting Majority Control n House is in direct control by the majority n State legislature elects senators and special electors to select the president n Judges nominated president o Separating Power n Power shared among the 3 branches n Each branch is independent so that no one branch takes control
The Madisonian Model o Creating Checks and Balances n Because power is shared, each branch needs consent of the others for many of its actions n Marbury v. Madison o Establishes power of judicial review n Power to hold actions of the other 2 branches unconstitutional o Establishing a Federal System n Divide power between national and state government
o Delegates to the Constitutional Convention had changed the democracy to a republic n Form of government in which the people select representatives to govern them and make laws o Madisonian model encourages moderation and compromise and slows change
Ratifying the Constitution o Federalists-supporters of the constitution at the time the states were contemplating its adoption o Anti-federalists-opponents of the constitution at the time the states were adopting it o Federalist Papers n Collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison (under the name “Publius” to defend the constitution o First 10 amendments Added to the constitution to persuade anti-federalists
Bill of Rights 1 - R. A. P. P. S 2 -Right to bear arms 3 -No quartering of soldiers 4 -No unreansonable search and seizures o 5 -Grand jury indictment for serious crime o o n Double Jeopardy, Perjure oneself, due process
Bill of Rights o 6 -Speedy and public trial by impartial jury n Legal counsel, informed of charges, compel the attendance of favorable witness (subpoena) o 7 -trial by jury in civil matters o 8 -No excessive bail or fines, no cruel and unusual punishment o 9 -unlisted rights are not necessarily denied o 10 -powers not given to natl. govt. or denied to stated are reserved for states or people
Amending the Constitution o Congress proposes amendment by 2/3 vote in each house n State Legislature ratifies by a ¾ vote o Used for every amendment except 21 st o Congress proposes amendment by 2/3 vote in each house n State convention ratifies with ¾ vote o Repealed 21 st amendment (prohibition)
Amending the Constitution o National Convention proposes amendment requested by 2/3 of the state n State legislature ratifies with 3/4 vote o National Convention proposes amendment requested by 2/3 of the state n State convention ratifies with 3/4 vote
Informal process of Constitutional Change o o o Judicial Interpretation Changing Political Practice Technology Increasing demands on policymakers The flexibility of the constitution has ensured its survival
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