origin & development of the us constitution module 1.5: the constitution of 1787
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Origin & Development of The US Constitution
Module 1.5: The Constitution of 1787
Purposes
We, the People of the United States, in order to • Form a more Perfect Union• Establish Justice• Ensure Domestic Tranquility• Provide for the Common Defense• Promote the General Welfare, and• Secure the Blessings of Liberty
– To ourselves, and– Our posterity
Do ordain and establish this Constitution for the United States of America
The Public Sector Problem
• Government tends to coalesce into one body• Governments necessarily wield power• Those who hold power are invariably led to abuse it (from
Montesquieu)• Governments tend to emerge as a single faction, destroying
liberty in the name of preserving it
The Solution?
• Build upon factions that already exist in the United States
• Establish a multiplicity of faction where it would not otherwise form
• Set government and governments in tension with one another
• Institutionalize political power in separate potentially factious bodies
• Ensure regular pressure from interests outside government
The Solution• Federalism
– several governments share and exert power over citizens
– Distinct sources of representation among elected officials
• The regular distribution of power into distinct departments (separation of powers)
– Legislative Power (The Purse)– Executive Power (The Sword)– Judicial Power (The Scale)
• Legislative balances and checks– where the power to add or modify
public acts depends on at least two legislative bodies with equal power to overwhelm the other
• A separate body charged with the resolution of disputes
Citizens CitizensCitizens
State CState BState A
Central Government
Making Law
Enf
orci
ng L
aw
Resolving D
isputes
Chamber #1 Chamber #2
Law
“The Great Compromise”• Legislative Power (Article 1 section 1-7)
– Bicameral legislature of co-equal houses• House of Representatives
– Chosen by apportioned districts– Two-year terms
• Senate– 2 members per state– Chosen by state legislatures– Overlapping 6-year terms
• Executive Power (Article 2)– Unitary Executive
• President– Chosen by electors in states– Electors chosen according to state legislatures’ direction– Four-year term
• Other officers– Established by legislative power– Appointed in such manner as the legislature may direct
• Judicial Power (Article 3)– Federal Court system
• One supreme court• Inferior courts established by the legislature• Appointed by executive, approved by the Senate• Serve ‘during good behavior”
– State Court system• Determined by state legislatures
StatesPeople
Executive
Judiciary
HR Senate
Electors
General Plan of the US Constitution
• Article 1– The Legislative Branch
• Structure• Function• Enumerated Powers
– Express powers– Implied powers
• Limits– Against Congress– Against States
• Article 2– The Executive Branch
• Mode of election• Powers• Duties• Mode of removal
• Article 3– The Judicial Branch
• Structure• Jurisdiction• Definition of Treason
– Congressional power in treason cases– Congressional limits in treason cases
General Plan of the US Constitution
• Article 4– Horizontal Federalism– Admission of New States– Republic guarantee
• Article 5– Mode of Amendment
• Four acceptable methods
• Article 6– Vertical Federalism
• Federal debt burden• Constitutional/Federal Supremacy • Binding of Officers to Constitution
• Article 7– Terms of ratification
State A
Federal Gov’t
State CState B
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