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CHAPTER 2

CHAPTER 2. The Constitution. Constitution. What is constitution Nation’s basic laws How did we get the US constitution? Declaration of independence Mostly written by Thomas Jefferson English Heritage John Locke’s theory of natural rights, consent of the governed, and limited government

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CHAPTER 2

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  1. CHAPTER 2 The Constitution

  2. Constitution • What is constitution • Nation’s basic laws • How did we get the US constitution? • Declaration of independence • Mostly written by Thomas Jefferson • English Heritage • John Locke’s theory of natural rights, consent of the governed, and limited government • Jefferson • Equal creation, unalienable rights, rule instead of be ruled

  3. The Constitution • The Articles that failed • Why? • Shays rebellion • Series of attacks on courthouses to block foreclosure proceedings • Made the elite think about people taking the law into their own hands , violating property rights of others

  4. The Constitution • Philadelphia Convention met to write the new constitution • Problem of Equality Issues • New Jersey Plan • Equal representation by states, regardless of population size • Virginia Plan • Representation based on population of state • Connecticut Compromise • 3/5’ s Compromise

  5. The Constitution • Originally there was no specific protection of individual rights. • Did prohibit suspension of the writ of habeas corpus • Court order requiring jailers to explain why they are holding a prisoner in custody • No ex post facto laws • Strict rules and outlines for conviction of treason • Right to trial by jury in criminal cases • No religious qualifications for holding office • No bills of attainder • Punish people without a judicial trial

  6. The Madisonian Model • Framers believed that human nature was self-interested • Wealth inequalities were main source of political conflict • Protecting private property was key for governments • Fear that an unwealthy majority would tyrannize the wealthy minority • How do you reconcile economic inequality with political freedom?

  7. The Madisonian Model • Place as much of the government as possible beyond the direct control of the majority • Separate the powers of different institutions • Construct a system of checks and balances

  8. The Madisonian Model • Limiting Majority Control • House is in direct control by the majority • State legislature elects senators and special electors to select the president • Judges nominated president • Separating Power • Power shared among the 3 branches • Each branch is independent so that no one branch takes control

  9. The Madisonian Model • Creating Checks and Balances • Because power is shared, each branch needs consent of the others for many of its actions • Marbury v. Madison • Establishes power of judicial review • Power to hold actions of the other 2 branches unconstitutional • Establishing a Federal System • Divide power between national and state government

  10. Delegates to the Constitutional Convention had changed the democracy to a republic • Form of government in which the people select representatives to govern them and make laws • Madisonian model encourages moderation and compromise and slows change

  11. Ratifying the Constitution • Federalists-supporters of the constitution at the time the states were contemplating its adoption • Anti-federalists-opponents of the constitution at the time the states were adopting it • Federalist Papers • Collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison (under the name “Publius” to defend the constitution • First 10 amendments Added to the constitution to persuade anti-federalists

  12. Bill of Rights • 1- R.A.P.P.S • 2-Right to bear arms • 3-No quartering of soldiers • 4-No unreansonable search and seizures • 5-Grand jury indictment for serious crime • Double Jeopardy, Perjure oneself, due process

  13. Bill of Rights • 6-Speedy and public trial by impartial jury • Legal counsel, informed of charges, compel the attendance of favorable witness (subpoena) • 7-trial by jury in civil matters • 8-No excessive bail or fines, no cruel and unusual punishment • 9-unlisted rights are not necessarily denied • 10-powers not given to natl. govt. or denied to stated are reserved for states or people

  14. Amending the Constitution • Congress proposes amendment by 2/3 vote in each house • State Legislature ratifies by a ¾ vote • Used for every amendment except 21st • Congress proposes amendment by 2/3 vote in each house • State convention ratifies with ¾ vote • Repealed 21st amendment (prohibition)

  15. Amending the Constitution • National Convention proposes amendment requested by 2/3 of the state • State legislature ratifies with 3/4 vote • National Convention proposes amendment requested by 2/3 of the state • State convention ratifies with 3/4 vote

  16. Informal process of Constitutional Change • Judicial Interpretation • Changing Political Practice • Technology • Increasing demands on policymakers • The flexibility of the constitution has ensured its survival

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