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UIUC PS 101 - Constitutional Foundations of the United States Government

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PS 101 1st Edition Lecture 4 Outline of Last Lecture I. Democracy-AutocracyII. Principles of Democracy III. Majority RuleIV. Requirements for DemocracyV. Models of Democracy-Majoritarians vs Pluralists ComparisonsOutline of Current Lecture I. Constitution-Basic StructureII. Precursors to the ConstitutionIII. The Constitutional Convention-The Virginia Plan-The New Jersey Plan-The “Final” ProductCurrent LectureI. Constitutional Foundations of the U.S.A. A constitution is the document or documents that describe the basic structure of a government.B. Constitutions differ in length and specificity, as well as whether they are written or unwritten.C. The Basic Structure of the US Constitution1. Created a national government while recognizing the authority of state government.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.2. Divided the power of the national government into three partsand described the powers of each part and the relations between them.a. Vertical sharing of power between national and state— Federalism.b. Horizontal sharing of power between branches— Separation of powers and checks and balances (combination of these two).3. This is a big deal because it is a unique combination. Many democracies have a fusion of powers. It has also lasted almost 250 years.II. Precursors to the Constitution A. Step 1: British Rule— Status of American colonists in the 18th century 1. They are British subjects, but enjoyed greater freedoms. a. Gave them leeway as the colony was being set up.2. Colonists and Britain had reached an (informal) agreement about governance.a. There were rarely any formal affairs or trade.3. What changed?a. The colonies wanted expansion.b. France wanted some US colonies. c. The US needed Great Britain for defense —so GB taxed colonists for increased those expenses.d. The colonists were angry because there was they had no representation in government.B. Step 2: Declaration of Independence 1. The Continental Congress’s choicea. First, the Continental Congress is a representative body of the colonies.b. In this decision, they can either hatch things up with Great Britain/ make new arrangements, or else break away and make their own government.2. Their Decision?a. They decide to break away and this is rooted in John Locke’s idea of Social Contract.i. Social Contract is the idea that the relationship between the people governed and the governmentis an explicit contract (both agree to do things). People submit to the government, as long asthe government doesn’t infringe upon their basic rights, but if so, the people have the right to revolt.3. Premises of the Declaration of Independencea. Major- The people have a right to revolt when they determine that the government is destructive of legitimate rights.b. Minor- Long list of deliberate acts committed by the king illustrates how government has destroyed these rights.c. The conclusion is that the people can revolt if their rights are infringed. C. Step 3: The Revolution1. Continental Congress votes for independence (approves the Declaration).2. War officially begins (and lasts for 6 years).3. Begin work on setting up a new Republic a. Without a monarch.b. Rooted in consent.c. Power exercised through elected representatives.D. Articles of Confederation1. A Confederation is a loose association of entities for common action. 2. The Continental Congress opted for one because they were concerned about centralized power. It was also philosophically and strategically the right thing to do to get states to sign on. 3. Basic Institutional Structurea. States would keep their sovereignty.b. A “national” congress, with each state having 1 vote.c. For measures to pass, 9 of the 13 states had to consent (this is difficult to do).4. Shortcoming of the Articles (went from one extreme to the other)a. The national government had no power to tax.b. No clear national leader to speak for the country as a whole.c. No power to regulate commerce (disagreements between states).d. Amendments could only pass with unanimous consent (13 of 13; all states were very different, so this was very rare to happen).5. Shay’s Rebelliona. Shay’s Rebellion were rebellions in the states and the national government had no power to put them down, leading to a concern for chaos.b. There had to be a meeting to discuss these things—all states sent delegates.c. 1786: Delegates meet in Annapolis, Maryland.d. 1787: Second meeting scheduled in Pennsylvania. III. The Constitutional ConventionA. The Virginia Plan1. Power divided among three branches.2. Legislative brancha. It would be bicameral (2 houses)b. House of Representatives are chosen by the people.c. Senate chosen by the House from candidates proposed by state legislatures.d. Each state’s representation based on taxes it pays to national government or free population— large states are at an advantage.e. Legislature could override state laws.3. Executive branch a. It would consist of an unspecified number of people (one or many).b. Selected by the legislature (fusion of powers).c. Would serve a single term in office.d. It would have veto power over legislature (attempt to balance the two).4. Judicial brancha. It would have multiple courts with judges appointed by the legislature. 5. Who supported this plan?a. Big states and those of central power.B. The New Jersey Plan1. The small states’ response.2. Its goal is to amend articles, not replace them. 3. Its provisionsa. Legislature would be unicameral, with the power to tax and regulate commerce.b. States would have equal representation in the legislature.c. There would be a multiple-person executive chosen by the legislature with with no veto power over legislature.d. No national judiciary (just at state level).4. This plan didn’t get very far, but it did get enough support for compromise in order to change the Virginia Plan to help smaller states. C. The “Final” Product1. Take the basic structure of the Virginia Plan, but compromise on the legislature. 2. Legislature I (The “Great” Compromise)a. A bicameral legislature.b. Representation in the House would be apportioned according to populate (helps big states). c. Representation in Senate would be apportioned equally across the states (helps smaller states).3. Legislature II (The 3/5th Compromise)a. When counting


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UIUC PS 101 - Constitutional Foundations of the United States Government

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