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UNT PSCI 1040 - Founding & the Constitution
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PSCI 1040 1nd Edition Lecture 2 Outline of Last Lecture I What is Political Culture II Revolution of Classical Liberalism III Logic of Liberalism IV Why Liberalism in the early US V Implications of Classical Liberalism VI Perpetuating Liberal Political Culture VII Shared Political Culture vs Shared Ideology Outline of Current Lecture I The Founding and the Constitution II American Revolution III Declaration of Independence IV Constitutions A Articles of Confederation B Failure C Constitutional Convention 1787 D Two Alternatives V Great Compromise VI Four Basic Principles of Founders in Constitution VII Fight for Ratification VIII Comparing Declaration of Independence with the Constitution A Evaluating the Constitution Current Lecture I II Founding and the Constitution American Revolution A no taxation without representation After the French and Indian War Britain s debt was so high they raised taxes on the colonies due to their lack of representation in Parliament B Boston Tea Party C Coercive Acts result of Boston Tea Party partially These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute III IV D First Continental Congress talked about redressing issues with Massachusettes time to break free of British rule and independence Declaration of Independence Principles influencing Declaration Consent of the governed Divide the power among separate institutions Protect citizen rights Government had ceased to reflect will of the people which gives right to rebel Original author Thomas Jefferson Content Statement of government as a social contract Enumeration of wrongs at hands of crown Conclusion cry for American independence Constitutions Articles of Confederation Governing document until after Revolution Ratified in 1781 Confederation loose alignment with limited national government Congress only central government Powers conduct foreign affairs make treaties declare war raise army and navy coin money establish post offices Failure due to Lack of central government authority to impose taxes Amendments needed unanimous consent No provision for any sort of leader Failure to vest authority in interstate activities Constitutional Convention 1787 In Philadelphia Objective was to fix the articles Participants included Founding Fathers Two Alternatives Virginia Plan 3 branch government 2 chamber legislature bicameralism with the representatives based on state population Centralized executive chosen by legislature Judiciary chosen by legislature National supremacy national law will trump any state law New Jersey Plan 3 branch government V VI Single chamber legislature with EQUAL representation for each state Weak chief executive with real authority vested in congression National supremacy The Great Compromise 2 chamber legislature House of Representatives by population Senate 2 per state 3 5ths Compromise Because 90 of slaves resided in GA MD NC SC VA founders feared losing these states support Each slave counts as 3 5ths of a person in population count Conflict over Executive Branch Contention method of selection Small states feared being ignored Solution Electoral College Electoral College Each state accorded one electoral vote for each of its senators and reps College operates to magnify the victory margin in elections because the winner takes all in most states Nebraska and Maine exceptions and allocate votes by congressional district Individual popular vote is sent to state representatives who then have to cast their electoral vote as whatever their state s popular pick is Judicial Compromise Most delegates agreed America needed a Supreme Court Did not agree on need for lower courts Compromise left it to Congress Judicial Review controversial Supremacy Clause states the constitution is the supreme Law of the Land Dispute Resolution Who would arbiter disputes between the central government and those of the states Supremacy Clause national law trumps state law Power is now in the hands of the Supreme and lower courts Four Basic Principles of Founders Reflected in the Constitution Republicanism Power resides in the people and is exercised via their elected representatives Citizens have equal rights and the people have the right to choose their government indirect democracy Federalism Division of power between a central government and regional units with all power vested in the people Separation of Powers Assignment of law making enforcing and interpreting functions of government independent to all branches Checks and Balances provision of scrutiny and control to each branch of every branch Fight for Ratification Amending the Constitution requires either a 2 3 vote by both houses in Congress OR a convention on application of 2 3 states The second step requires either 3 4 ratification by state legislatures or state ratifying conventions Federalists vs Antifederalists Federalists supported a strong central government Anti federalists said the constitution failed to protect individual liberty Bill of Rights Devised to leverage support in ratifying the constitution First 10 amendments containing only 462 words VII VIII Ninth Amendment enumerated rights not all inalienable rights listed in document Tenth Amendment reserved powers all residual power belongs to the state and people Comparing the Declaration of Independence and the Constitution Declaration justify revolution and emphasize liberty Constitution establish government and emphasize stability Equality Declaration equality of man Constitution no mention until 14th amendment Natural Rights Declaration people possess God given rights and it is the government s job to protect those rights Constitution no reference to God or rights Amendments 1 9 refer to rights States and Federal government may deprive people of life liberty and property as long as due process is followed Evaluating the Constitution Criticisms Powers of Supreme court poorly defined Electoral college everyone hates it Vague and does not directly address contemporary social realities Not as democratic as hoped for Achievements Created unified nation able to defend itself Facilitated the country s economic development by outlawing state currencies and state tariffs interstate commerce Created a durable document that has remained relevant through changing political circumstances Constitution has Become More Democratic Due to 13th amendment prohibition of slavery 14th legal equality


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UNT PSCI 1040 - Founding & the Constitution

Type: Lecture Note
Pages: 6
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