The Constitution and the Founding

The Constitution and the Founding 

Purpose of a Constitution?

The Articles of Confederation – Adopted November, 1777 

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Little more than a loose alliance between the states Specific Features

Articles of Confederation 

Other problems: 

Economic Conditions

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Political Conditions

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The Problem: How best to secure liberty? How much power should government have? Proposal One: The Virginia Plan

Proposal Two: The New Jersey Plan The Great Compromise

Principles embodied in the Constitution   

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Popular Consent Rule of Law Republicanism National Supremacy (Supremacy Clause – Article VI) Federalism Separation of powers Checks and Balances

Examples of Checks & Balances 

Congress – How can Congress check the powers of the other branches?

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President – How can the President check the powers of the other two?

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Supreme Court – How can the Court check the powers of the other two?

Background: James Madison and the “Federalist Papers” 

Factions and the “tyranny of the majority”

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Solution:

Federalists versus Anti-federalists 

How is liberty best achieved?

Powers granted by the Constitution 

Delegated

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Reserved

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Implied 

Affirmed in McCulloch v. Maryland (1819)

Specific Limitations placed upon the Federal Government 

Cannot suspend writ of habeus corpus

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Cannot pass a bill of attainder

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Cannot pass an ex post facto law

Changing the Constitution 

The Missouri Constitution 

1820

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1865

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1875

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1945

How Democratic is our Constitution? 