Chpt. 2

January 8, 2018 | Author: Anonymous | Category: Social Science, Political Science, Civics
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Chapter 2

Before the Constitution: Colonial and Revolutionary Experiences  Before the Constitution  Colonial experiences with democratic institutions; English Parliament and colonial charters  The “rights of Englishmen”—including trial by jury  Repeal of the Stamp Act: a tax on colonial newspapers and document  Enactment of the Townsend Act: tax on tea  First Continental Congress

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Before the Constitution: Colonial and Revolutionary Experiences  Declaration of Independence  A call to revolution—liberty, equality, individual rights, selfgovernment, lawful powers  Philosophy of John Locke  

Inalienable (natural) rights: life, liberty, and property Social contract: government has responsibility to preserve rights

 Thomas Jefferson  

“All men are created equal” Just powers derive from the consent of the governed

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Before the Constitution: Colonial and Revolutionary Experiences  Articles of Confederation  Adopted during the Revolutionary War  Created weak national government  States retained “sovereignty, freedom and independence”  Prohibited Congress from interfering in states’ commerce policies  Prohibited Congress from taxation

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Before the Constitution: Colonial and Revolutionary Experiences  A nation dissolving  Raised fears about the weakness of the national government  Weakened Congress—nation dissolving  Farmers, led by Daniel Shays, marched to prevent foreclosures on their land  Congress unable to raise army to quell rebellion  Motivated Congress to authorize a convention in Philadelphia to revise Articles of Confederation

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Negotiating toward a Constitution  The Great Compromise: a two-chamber Congress  Virginia (large-state) Plan  

Representation based on population number Greater power to larger states

 New Jersey (small-state) Plan  

Each state would have one vote Equal power to large and small states

 Great Compromise: two-chamber Congress  

House of Representatives: proportional representation Senate: equal representation © 2014, McGraw-Hill Education. All Rights Reserved.

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Negotiating toward a Constitution  The Three-Fifths Compromise: issues of slavery and trade  Congress agreed not to tax exports, only imports  Congress agreed not to outlaw slavery  Three-Fifths Compromise: three-fifths of enslaved population counted for apportionment of taxes and political representation

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Insert Figure 2-1 African Americans as a Percentage of State Population, 1790

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Negotiating toward a Constitution  A strategy for ratification  Constitution submitted directly to the states  Federalists: proponents of the Constitution  Anti-Federalists: against a strong national government

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Negotiating toward a Constitution  The ratification debate  Anti-Federalists raised arguments that still echo in American politics 



The national government would be too powerful State self-government and personal liberty at risk

 The Federalist Papers: Alexander Hamilton,

James Madison, John Jay

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Negotiating toward a Constitution  The framers’ goals  Government strong enough to meet the country’s needs  Government not threatening existence of the separate states  Government not threatening liberty  Government based on popular consent

© 2014, McGraw-Hill Education. All Rights Reserved.

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Insert Table 2-1 Major Goals of the Framers of the Constitution

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Protecting Liberty: Limited Government  Grants and denials of power  Grants:  

Limit government by stating specific powers in the Constitution Total of seventeen powers

 Denials: 



Limit government by stating specific prohibitions in the Constitution Constitution difficult to amend

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Protecting Liberty: Limited Government  Using power to offset power  Montesquieu’s concept of separation of powers  Madison’s Federalist No. 10 and the problem of overbearing majorities  The framers’ special contribution: separate but overlapping powers

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Insert Table 2-2 Constitutional Provisions for Limited Government

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Protecting Liberty: Limited Government  Separated institutions sharing power: checks and balances  Separation of powers: divide powers of government  Shared institutions—checks and balances 





Shared legislative powers: Congress checked by the president, Supreme Court Shared executive powers: president checked by Congress, Supreme Court Shared judicial powers: courts checked by the president, Congress

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Insert Figure 2-2 The System of Checks and Balances

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Protecting Liberty: Limited Government  Bill of Rights  First ten amendments to Constitution  Protects rights of citizens, such as:   

Freedom of speech Trial by jury of peers, and legal counsel Freedom of religion

 Limits power of government

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Protecting Liberty: Limited Government  Judicial review  Courts determine if governmental institution is acting within its constitutional powers  Established by Chief Justice John Marshall in Marbury v. Madison (1803)

© 2014, McGraw-Hill Education. All Rights Reserved.

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Providing for Self-Government  Democracy versus republic  Framers feared the overbearing power of the majority in a democracy  Framers preferred concept of a republic, where people rule through elected representatives  Majority rule in a republic is limited to protect minority rights

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Providing for Self-Government  Limited popular rule  People participate indirectly in process of government through election of officials  Indirect election of president through Electoral College  Indirect (initially) election of senators  Federal judiciary appointed, not elected

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Insert Table 2-3 Original Methods of Choosing National Leaders

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Providing for Self-Government  Altering the Constitution: more power to the people  Jeffersonian democracy 

Government belonged to all, not just elite

 Jacksonian democracy 

States give electoral votes to winner of the popular vote

 The Progressives  

Direct election of senators; referendums and initiatives Delegates carry out wishes of the voters

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Insert Table 2-4 Measures Taken to Make Government More Responsive to Popular Majorities

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Constitutional Democracy Today  Constitutional: power gained through elections to be

exercised in accordance with law and with due respect for individual rights  Democratic: provides for majority influence via elections  Republic: mix of deliberative institutions, each of which moderates the power of the others

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