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THE CONSTITUTION

THE CONSTITUTION. The Final Product. IT CAN ALL BE TRACED TO THE VIEW OF HUMAN NATURE . . . Aristotelian view – government should improve human nature by cultivating virtue

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THE CONSTITUTION

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  1. THE CONSTITUTION The Final Product

  2. IT CAN ALL BE TRACED TO THE VIEW OF HUMAN NATURE . . . • Aristotelian view – government should improve human nature by cultivating virtue • Madisonian view – cultivation of virtue would require a government too strong; self-interest should be pursued within limits

  3. PREAMBLE • States the purpose of the Constitution • Creates a people of the United States • Explains the reason for the Constitution • To form a more perfect Union – polite way of expressing the Articles of Confederation didn’t work • States the goals of the new government • Fashions (or establishes) a government

  4. BASIC PRINCIPLES • Republicanism – form of government in which power resides in the people and is exercised by their elected representatives • Federalism – division of power between the national and state governments • States give up only those powers necessary to create an effective national government • National government is limited to the powers specified in the Constitution

  5. BASIC PRINCIPLES • Separation of powers – divides government power among three independent branches • Ensures that power does not fall into the hands of one person or single group • Checks and balances – gives each branch of government some scrutiny and control over the others

  6. THE ARTICLES • Article I – established legislative branch • Lawmaking was considered to be the most important function of the new government • Lists enumerated powers (Article 1, Section 8) • Necessary and proper clause – basis for Congress’s implied powers • Article II – established the executive branch • Outlines electoral college, presidential powers and responsibilities • Article III – established the judicial branch

  7. THE ARTICLES • Article IV – full faith and credit clause & admission of new states • Article V – amendment process • Article VI – supremacy clause • national government is supreme to the governments of the states • Article VII -- ratification

  8. SLAVERY & THE CONSTITUTION • Three-fifths compromise – resolved the issue of representation in the House • Rule reflected the view that slaves were less efficient producers of wealth than free people • Gave the South 47% of the House seats • Delegates agreed to not ban the slave trade for 20 years • Fugitive slaves were to be returned to their master

  9. FORESHADOWING . . . Every master of slaves is born a petty tyrant. [Slaves] bring the judgment of heaven on a Country. As nations can not be rewarded or punished in the next world they must be in this. By an inevitable chain of causes & effects, providence punishes national sins, by national calamities. -- George Mason

  10. SELLING THE CONSTITUTION: THE FEDERALIST PAPERS 85 essays written primarily by James Madison and Alexander Hamilton that gave arguments supporting ratification

  11. WHAT ABOUT THE ANTIFEDERALISTS? • National government would be distant from the people • Strong national government would use powers to limit state functions • Needed more restrictions on the national government

  12. WHERE WAS A BILL OF RIGHTS? • Many prominent citizens were displeased that the Constitution did not include a Bill of Rights • HAMILTON: there is no way to list all citizens’ rights; a partial list would leave those omitted rights vulnerable to government abuse • Most states already had a Bill of Rights • Constitution intended to limit the power of the federal government

  13. CONSTITUTIONAL GUARANTEES WITHOUT A BILL OF RIGHTS • Habeas corpus – cannot be held without cause • No bill of attainder – no punishment without a trial • No ex post facto law – acts cannot be made illegal after the fact • Trial by jury in criminal cases • Citizens of each state guaranteed the privileges and immunities of citizens of every other state • No religious test for federal office

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