Constitutional Convention I Slavery Debates a Population count i To what extent are slaves counted in populations ii House Representation iii 3 5th Compromise b Slave Trade i Importation could not be banned until 1808 II c Constitution condones slavery Key Principles a Republicanism i We select leaders who are accountable to us b Federalism i Division of power between national and state c Separation of Powers i Each branch has specific responsibilities III d Check and Balances Article I Legislative Branch a Technical i Bicameralism 2 different branch legislature ii Qualifications of legislators 1 Age requirement 2 Citizenship 3 Residence requirement iii Term length iv Elections v Speech and debate clause 1 Members of congress cannot be arrested while in session exceptions are felony etc b Powers i Enumerated Powers 1 Raise borrow coin and spend money 2 Regulate interstate and foreign commerce 3 Declare War 4 Ratify treaties Senate ii Elastic Clause 1 Necessary and Proper a ex Charter of National Bank iii Power Denied to Congress 1 Suspension of habeas corpus outside of war a You can t hold someone indefinitely 2 Bill of attainder a Ex Post Facto laws 3 Nobility iv Powers Denied to States 1 Cannot sign or ratify treaties 2 Cannot coin money 3 Can t raise a standing army IV Article II Executive Branch a Technical i Term length ii Qualifications of executive 1 35 years old 2 Natural born citizen 3 Residential length iii Electoral college iv Succession 1 Presidential succession Order of office b Powers i State of the Union ii Faithful execution of laws iii Commander in Chief iv Appointment V Article III Judicial Branch a Technical i Supreme Court jurisdiction ii Trial Courts iii Lifetime judicial appointments b Additional details of left to Congress c Constitution did not include principle of judicial review i Established from Marbury vs Madison i Full faith and credit clause 1 States cannot pass laws that would alter contracts 1 You have to be tried in the state the crime was commited VI Federalism a Key Clauses ii Extradition iii Admitance of new states iv Protection v Slavery escape VII Amendment procedures VIII Misc a Prior debts b Supremacy clause IX c Oaths of office Ratification a 9 state conventions 9 13 states i National government wins over state governments Path to Ratification I Path to Ratification a Federalist Papers i 85 newspaper articles ii Three authors Madison Hamilton Jay b Notable philosophical arguments i Factions Federalist 10 ii Checks and Balances Federalist 51 II III IV Bill of Rights initially excluded a List not necessary b Could not be comprehensive Ratification a Official with New Hampshire Money and population Constitution as Living Document a Amendments i Procedures i However New York and VA needed for successful government 1 Proposal 2 3rd s of Congress or national convention 2 Ratification 3 4th of state legislatures or state conventions 3 Meant to be difficult only 27 inc Bill of Rights b Four categories i Policy ii Governmental structure Presidential succession when inaugural date is etc iii Promotion of equality c Judicial Review Constitution d Norms and Procedures i Federal judges have power to nullify acts in conflict with i Many elements not in Constitution ii Presidential cabinet iii Rules and procedures of Congress iv National governmental powers Welfare education health care 1 This has led to the evolution of our government e U S Government has evolved etc i Structural ii Policy 1 From Congress centered to president centered 1 From minimal government to active involvement 2
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