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Unit 1 – Constitutional Underpinnings

Unit 1 – Constitutional Underpinnings. Ratifying the Constitution. Marbury v. Madison. 1803 Established judicial review (the power of courts to hold executive and congressional policies unconstitutional) Asserted by John Marshall. Federalist and Anti-Federalists. Anti-Federalists.

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Unit 1 – Constitutional Underpinnings

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  1. Unit 1 – Constitutional Underpinnings Ratifying the Constitution

  2. Marbury v. Madison • 1803 • Established judicial review (the power of courts to hold executive and congressional policies unconstitutional) • Asserted by John Marshall

  3. Federalist and Anti-Federalists Anti-Federalists Madison, Hamilton, Jay – Federalists Papers (supported the Constitution) Questioned the motives of the writers; believed the new government was an enemy of freedom. Class-based document intended to ensure that the elite controlled the gov’t Federalists

  4. Federalists • Specified that the Constitution be ratified by special conventions in each state, NOT by the state legislatures. • Constitution specified that 9 states approve the document before it would be implemented • Delaware was the first state to ratify (12/7/1787) • George Washington electoral college’s unanimous choice for president – took office on 4/30/1789

  5. Anti-Federalists • Feared new government would “erode fundamental liberties” and “weaken the power of the states” • Compromise – Federalists promised to add amendments to the document: • Madison wrote 12 during the 1st Congress in 1789 • 10 became known as the Bill of Rights – took effect in 1791

  6. Constitutional Change • Formal Amendments: • Article V • Proposal – 2/3 vote in each house or by a national convention call by Congress at the request of 2/3 of the state legislatures • Ratification – Either by legislatures of ¾ of the states or by special state conventions called in ¾ of the states

  7. Continued… • All of the amendments to the Constitution have been proposed Congress (no convention has been convened since the original); all except one of the successful amendments have been ratified by the state legislatures. • The president has no formal role in amending the Constitution.

  8. Effects of Formal Amendment • Made the Constitution more egalitarian and democratic • Increased the ability of a popular majority • Expanded liberty and equality

  9. Informal Amendment • Unwritten Constitution – traditions, practice and procedure • May also change informally through judicial interpretation • Development of political parties • Role of the electoral college • Mass media • Bureaucracy has grown in importance • Electronics and development of weapons • Power of the presidency

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