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Foundations of the American Political System
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The Mission
How can we, as a group of delegates of various states, create a system of government-a new social contract--that strikes the right balance between liberty and order?
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Constitution built on Compromises
Besides the Great Compromise and the 3/5
Compromise, other Compromises were made
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Main Entry: 1com·pro·mise 1 a : settlement of differences by arbitration or by consent reached by mutual concessions
Translation ~ You give a little, I give a little
What is Compromise?
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Constitutional Convention 1787
Who attended?55 men of distinction: lawyers,
merchants, college presidents, doctors, generals, governors, and planters
Who did not attend?Native Americans, Women, and African
Americans (not considered part of the political process)
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Convention gets Organized
Who did the delegates select as the leader of the convention?
George Washington, Revolutionary war hero
Rules:• Each state gets one vote• Seven states or more must be present• Strict secrecy for all discussions
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Two Opposing PlansJames Madison proposed “The Virginia Plan”• Three branches of gov’t: Executive, Legislative, and
Judicial• Bicameral “Two House” Legislature• Legislative seats determined by states’ populations
William Paterson countered “The New Jersey Plan”• Three branches of gov’t (same three)• Unicameral “One House” Legislature• Legislative seats determined as one vote per state
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COMPARISON
Virginia Plan favored large
states, big populations
Supporters: Massachusetts, NY, Pennsylvania, Virginia
New Jersey Plan favored small
states
Supporters: Delaware, Maryland, New Jersey
vs
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The Great Compromise• Roger Sherman [Connecticut delegate]
proposed a compromise plan:• A two house “bicameral” legislature• Senate ~ equal votes to please the small
states• House of Representatives ~ people
based on population for the large states
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The 3/5 “Three-Fifths” Compromise
How should the government count slaves in the population calculation for Congress?
South ~ Each slave should count North ~ Slaves give the South unfair
advantage in Congress; Slaves are property and should not count in equation
Resolution: Count every 5 slaves as 3 free persons to determine House voting power
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The Southern states would have had more electoral votes and Jefferson could have won.
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Electoral CollegeDebate:• Should the people choose the president?• Should the Congress choose the president?
Resolution:Electoral College ~ a group of people who
would be named by each state legislature to select the President and Vice President
* Voters, in a way, vote for electors who will vote for their preferences…BUT…
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Slavery and Tariffs
Northern States ~ agreed not to tax exports or interfere with the slave trade until after 1808
Southern States ~ agreed to allow the Congress to regulate interstate commerce as well as trade between nations
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Federalists vs. Anti-Federalists
Americans reacted to the Constitution in two separate ways:
• Federalists ~ supporters of the Constitution who believed in federalism {a form of government where power is shared between the federal or national gov’t and the states}
• Anti-Federalists ~ opposed the Constitution because it gave too much power to the national gov’t and took away from the power of the states
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The FederalistJames Madison stated, “A republic, by which I mean a government in which the scheme of representation takes place… promises the cure for which we are seeking.”
Alexander Hamilton, John Jay, and James Madison used this publication to defend the need for a strong national government and the proposed Constitution.
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The Power of Government
• Implied and expressed powers• Supremacy Clause—”This Constitution, and the Laws of the
United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land;” (shall implies “you have to”)
• Commerce clause--"To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". (what is commerce?)
• Elastic Clause--"make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution.“ (Does necessary and proper mean good and useful?
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The Power of Government
• Taxing Clause—”The Congress shall have Power To lay and collect Taxes”
• Take Care Clause—The Prez “shall take care that the laws be faithfully executed."
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Powers and Limits
Powers• Supremacy Clause• Elastic Clause• Commerce Clause• Taxing and Spending Clause• Take Care Clause• Commander in Chief Clause• Full Faith and Credit Clause• Privileges and Immunities• Judicial review***
Limits• Bill of Rights—1st Amendment—Speech, Expression
2nd A: arms
3rd A: no quartering
4th: search and seizure
5th and 6th: criminal prosecution and trial
7th: civil cases
8th: cruel and unusual punishment
9th: anything else implied
10th: what’s unsaid is left to the states
14th—second bill of rights
15th—citizenship
19th—women can vote
(18th—only one that denies a right or liberty to people)
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Ratification of the Constitution• Federalists agree with Anti-Federalists
that a Bill of Rights is needed for the Constitution
• Promise of a Bill of Rights speeds approval of the Constitution
• June 21, 1788 – New Hampshire becomes the 9th state to ratify the Constitution
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Structure of the Constitution• PreambleAn introduction of the goals and purposes
of the government• The Articles (7)The structure of the government• The Amendments (27)Additions or changes to the Constitution
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Preamble dissectedSix Purposes of Government:• “To form a more perfect Union”~ Make states operate together efficiently2. “To establish Justice”~ Create a fair system of laws and courts3. “To ensure domestic Tranquility”~ Maintain peace, order and keep people
safe
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Preamble dissected 4. “To provide for the common defense”~ Have a military prepared to defend5. “To promote the general Welfare”~ Help people live happy and healthy6. “To secure the Blessings of Liberty to
ourselves and our Posterity”~ Guarantee the freedoms and basic
rights for future generations
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Articles (I - VII)• Article I – The Legislative Branch• Article II – The Executive Branch• Article III – The Judicial Branch• Article IV – States responsibilities, process for
creating new states, federal government promises to protect and defend the states
• Article V – Process for amendments• Article VI – Constitution is the “Supreme law
of the land”• Article VII – Approval when 9 states ratify it
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