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STAN STATE PSCI 1201 - The Constitution

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The ConstitutionColonial PeriodColonist ObjectionsConstitutional Government1777/81 Articles of Confederation1777/81 Articles of ConfederationWeakness of Articles1787 Philadelphia Convention1787 Convention (continued)Colonial Period Population GrowthPrinciples of CompromiseThe Connecticut (Great) CompromiseNorth-South CompromiseThe JudiciaryJudicial ReviewAnti-Federalist PositionFederalist/Anti-Federalist DebateThe Constitution•Colonial Period•Articles of Confederation•Philadelphia Convention•Compromises•Federalist/Anti-Federalist DebateColonial Period•Colonists shared–fear of religious persecution–desire for liberty and freedom–distrust of government•Seven Years War (1755-1763)–British sought tax relief–stamp tax etc. to cover war costsColonist Objections•Taxation without representation–Concept based in Locke and social contract–government derives its powers from the consent of the governed–radical idea for the time•What does “consent” mean? How is it manifested?•1775 Second Continental Congress and Declaration of Independence--severed ties to EnglandConstitutional Government•To constitute: to establish, to put into force•Establishes rules for exercising political authority•Defines relationship between the people who elect and those elected; reciprocity•Establishes set of legal relationships–Functions of government–Procedures through which functions carried out–Structure of institutions1777/81 Articles of Confederation•States agreed to cooperate for limited purposes•Sovereignty in states; not in people•States to send representatives to single house legislature & elect president•Each state is equal•9 of 13 states must agree to tax themselves•National government for army, navy, treaties, ambassadors1777/81 Articles of Confederation •Confederation has no power:–over interstate & foreign commerce:•separate state treaties•separate state tariffs–over state taxes–to coin money•What modern model is like this?Weakness of Articles•Groups affected differently by weak national government and conditions in 1780s•Small, independent farmers fared o.k.•Those dependent on trade and lenders suffered from economic downturn•1786: trade meeting called in Annapolis, MD•Shays’ Rebellion (1786) in Massachusetts1787 Philadelphia Convention•meetings held in secret•more Federalists attended•went beyond charge to revise Articles•Virginia (Madison--big states) Plan–Strong central government w/ 3 branches--legislative, executive, judiciary (Montesquieu)–2 houses of Congress; representation tied to population or taxes paid–1 executive selected by legislature1787 Convention (continued)•New Jersey (small states) Plan–single legislature with power to tax and regulate commerce–each state selects its representatives–states are equal–multi-person executive, elected by legislature–acts of legislature binding on statesColonial Period Population GrowthPopulation Growth During Colonial AmericaYear Whites, etc. Blacks Total % Growth % Blacks Total Virginia %1630 4,586 60 4,646 1.29% 2,500 53.81%1650 48,768 1,600 50,368 984.12% 3.18% 18,731 37.19%1670 107,400 4,535 111,935 122.23% 4.05% 35,309 31.54%1690 193,643 16,729 210,372 87.94% 7.95% 53,056 25.22%1710 286,845 44,866 331,711 57.68% 13.53% 78,281 23.60%1730 538,424 91,021 629,445 89.76% 14.46% 114,000 18.11%1750 934,340 236,420 1,170,760 86.00% 20.19% 231,033 19.73%1770 1,688,254 459,822 2,148,076 83.48% 21.41% 447,016 20.81%1780 2,204,949 575,420 2,780,369 29.44% 20.70% 538,004 19.35%Principles of Compromise•Republicanism: people are sovereign, not states•Federalism: government divided between states and nation•Separation of powers: legislative, executive & judicial w/ different powers•Checks & balances: each branch has some scrutiny over the otherThe Connecticut (Great) CompromiseRepresentation•Bicameral legislature–House proportional to population*•Voting standards set by state–Senate equal for each state•Senators elected by state legislature•One person executive (4 yr. term)•selected by Electoral College•Electors equal to total # of representativesNorth-South CompromiseEconomic dilemma--North gets commerce; South gets slavery (labor for agriculture)•Art. 1, Sect. 2: Representatives & taxes determined by adding to whole no. free persons, 3/5ths of all others…(South totals 41%, 47%, 50%)•Art. 1, Sect. 9: Migration or importation of such persons... not prohibited prior to 1808•Art. 4, Sect. 2: No person held to service or labor in one state shall be discharged from service in anotherThe Judiciary•Constitution created Supreme Court to oversee state legislation; rest left to Congress•1789 Judiciary Act passed by Congress, creating subordinate courts and authorizing Supreme Court to issue writ of mandamus commanding federal officials to carry out the lawJudicial Review•1803 Marbury v. Madison–1801 Sec.of State Marshall to deliver judicial commissions of Pres. Adams–Marshall then appointed Chief Justice–Marbury went to Sup. Court for his commission (asked it to issue writ)–Marshall found commission legitimate but Congress’ intrusion into Supreme Court authority unconstitutional & estab. reviewAnti-Federalist PositionBrutus of New York•National power to tax & “necessary & proper” clause gave Congress complete power over states•Federal government should tax only certain things (like commerce)•Free republic requires small states of like interests•Independent judiciary usurps state powers; threatens judgment by peersFederalist/Anti-Federalist DebateFederalist Position•Violence of factions united by passion•Public good disregarded in rival conflicts•Measures decided by force of majority•Cure mischief of factions:–Remove the Cause–Control its


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STAN STATE PSCI 1201 - The Constitution

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