september 12, 2012. 1. 1 st unsuccessful attempt at a national government 2. confederation- states...
Post on 18-Jan-2016
220 Views
Preview:
TRANSCRIPT
September 12, 2012
Constitutional Underpinnings
Articles of Confederation (1776-1787)1. 1st unsuccessful attempt at a
national government2. Confederation- states had more
power than the federal gov’t (taxes, tariffs, printing money)
3. Unicameral (1 house)- 1 vote per state, no pres, no fed courts, no power to tax or regulate commerce
4. Shay’s Rebellion- indebted farmers starting attacking court houses so they wouldn’t be foreclosed
Fear of mob rule-demand for stronger federal gov’t
Constitutional Convention- 1787
Areas of Agreement:1. Replace Articles of Confed2. Stronger national gov’t that could control
commerce- economic inequality is the #1 source of factions (remember this term later)
3. Establish a republican form of gov’t4. Gov’t must have consent of the governed
(Locke)5. Aim of gov’t- protect property (Locke), really
meaning wealth6. Cynical view of human nature- men want
POWER, so must protect minority rights7. Pluralism- balanced gov’t where no single
political interest (factions) dominated8. Establish a limited gov’t- constitution
Areas of Compromise1. Representation among the states Virginia Plan- rep based on
population, favored large states N.J. plan- equal rep for all states (Art
of Confed), favors small states Connecticut compromise- bicameral
(2 houses) with House of Rep. popularly elected (based on pop) and Senate (equal rep- 2 for all)
2. Representation of Slaves North- count for taxes, not
representation South- wanted opposite 3/5 Compromise- for both purposes
Areas of Compromise continued
3. Election of President Life vs annual election-
compromise 4 year term Method of election- by Congress?
State legislature? Direct election?
Compromise- Electoral College4. Qualifications to Vote Universal manhood suffrage vs
property qualifications Compromise: leave it up to states
(vote in state elections=right to vote in national elections)
Politics of Ratification1. Federalists Property owners, creditors, merchants,
urban Views- feared mob rule, a strong central
government, and believed elite were most fit to govern
Warned against “factions” aka interest groups, either majority/minority group that does not consider the national interest (as a whole)
Checks/balances, separation of powers, and limited gov’t limit factions- prevent mob rule, hijacking the gov’t, violating the rights of the minority
Leaders: Madison, Washington, Hamilton, Jay
Wrote the Federalist Papers to rally support for the Constitution
Politics of Ratification continued2. Anti-Federalists Small farmers, frontiersmen,
debtors, small shopkeepers Views: feared a strong central gov’t
(favored more power to state gov’ts instead), distrusted elite rule
Criticized the delegates for only representing the interests of the elite
Some of the concerns were settled with the compromise of adding the Bill of Rights to the Constitution
Leaders: Patrick Henry, George Mason
RatificationNeeded to be ratified by
9 of 13 statesConventions in states
(cleverly bypassed state legislatures)
Rhode Island (fear of strong central gov’t, nationalized currency) and North Carolina
Ratified Sept 13, 1789
Federalist Papers Assignment You will write a 400-500 word
summary of both Federalist 10 and 51.
Suggestion- Skim and then re-read for depth.
Remember to look for: factions, checks and balances, separation of powers, republic vs democracy, limited government
Pick out the most important ideas.
Summarize it in your words. This assignment is due
Thursday at the beginning of class.
This is your homework today and tomorrow.
Reminder- Vocab Test Monday.
Judicial Review Defined- the power of courts to strike
down laws or gov’t actions Not explicitly in Constitution- vague on
the judicial branch Implied from Supremacy Clause
(Constitution is supreme law of the land) and Article III “The judicial power shall extend to all cases, in law and equity, arising under this Constitution”
Marbury v Madison (1803)- established judicial review
John Adams tried to pack the courts before leaving office
Marbury’s commission didn’t go through before T.J. took over- sued for his jobs
Supreme Court ruled that they have the power to review laws and acts of the other branches- separation of powers
ObamaCarePatient Protection and Affordable Care Act-
passed March 2010Most parts come into effect in 2014Ends pre-existing conditions and maximum
coverage restrictions Individual mandate- requires everyone not
on an insurance plan (ex: company policies, Medicare) to buy health insurance
Health insurance exchanges- state insurance marketplaces
Medicaid expanded Some states are challenging these policies-
working its way through the court systems.Will it lower costs or will it just increase our
national debt?
WHO's ranking of healthcare systems
Democratization of the ConstitutionRemember, the founders wanted a
republic that represented the eliteBill of Rights- guarantees minority
rights13th Amendment- abolished slavery14th Amendment- due process and
equal protection15th- right to vote can’t be denied b/c
of raceVoting Rights Act of 1965- ended
property requirements to vote17th- direct elections of Senators19th- women’s suffrage24th- poll taxes abolished26th- 18 year old suffrage
top related