constitutional underpinnings
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Constitutional Underpinnings. Advanced Placement United States Government & Politics. Influence of the European Enlightenment. Came out of the Scientific Revolution (16 th & 17 th Centuries) Success created confidence in the power of reason - PowerPoint PPT PresentationTRANSCRIPT
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Constitutional UnderpinningsAdvanced PlacementUnited States Government & Politics
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Influence of the European EnlightenmentCame out of the Scientific Revolution
(16th & 17th Centuries)Success created confidence in the
power of reasonEnlightenment thinkers believed
reason could be applied to human nature in the form of natural laws
Every social, political, & economic problem could be solved through the use of reason
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The Social Contract TheoryJohn Locke – English philosopherBelieved that in the “state of
nature” people are naturally free and equal
Argued that freedom led to inequality and eventually chaos
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Locke argued that people have natural rights from the state of nature that include the right to “life, liberty, and property”
Second Treatise of Government◦State that people form governments to
protect natural rights◦Give up their freedom to govern
themselves through a social contract between the government and the governed
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The only valid government is one based on the consent of the governed
This consent creates a social contract – an agreement between rulers and citizens
For any reason the government breaks the contract through neglect of natural rights, the people have the right to dissolve the government
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Locke & the D.O.I.John Locke directly influenced the
thinking of the founders, as reflected in the Declaration of Independence
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The Constitution The Constitution reflects the
founders’ attempt to balance order with liberty
It is based on 5 great principles designed to achieve balance:◦Popular Sovereignty◦Separation of Powers◦Checks & Balances◦Limited Government◦Federalism
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Background to the ConventionContinental Congress wrote the
Articles of Confederation during the Revolutionary War
Wanted to provide unity for the separate states that loosely formed the new country
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The Articles of ConfederationIt allowed state governments to
retain their powers Newly formed central
government had severe limitations
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Limitations under the ArticlesFederal government consisted only of a
Congress – each state equally represented
No executive or judicial branchesCould not levy taxes – only request
money from the statesCould not regulate commerce between
the states◦States taxed each other’s goods and
negotiated trade agreements with other countries
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No law enforcing powers were granted to Congress
Unanimous vote for amending the Articles was required
States retained all powers not specifically granted to Congress
9 of 13 states were necessary to pass legislation
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Shay’s RebellionFarmers in western
Massachusetts rebelled against property foreclosures ◦They were in debt and unable to pay
taxesForced judges out of court and
freed debtors from jailsEncouraged leaders to seek a
stronger federal government
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Constitutional Convention55 delegates from 12 statesMay 1787Most were well-educated, wealthy menFamous delegates:
◦Alexander Hamilton – leading Federalist◦George Washington – chair of Convention,
Federalist◦James Madison – credited with writing large
part of Constitution◦Benjamin Franklin
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Agreements/CompromisesFounders had a common belief in
a balanced government◦Wanted to construct a government
where no single interest dominatedThey agreed with Locke that
government should protect property
Most delegates believed that only white, property owners should have the right to vote
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Large states favored a strong, central government
Small states wanted stronger state governments
Most delegates favored a bicameral (two-house) legislature
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The Virginia PlanCalled for a strong central governmentWork by Federalists, such as Madison
and HamiltonPlan proposed by James RandolphIt called for a bicameral legislatureRepresentation in both houses was to
be based on population◦Larger states would have the majority
Also called for a national executive and a national judiciary
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The New Jersey PlanProposed by delegates from the
smaller states◦Presented by William Paterson
Legislature would be unicameral (having only one house)◦Each state would have the same
number of votes – equal representation
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The Great CompromiseAlso known as the “Connecticut
Compromise”Called for a bicameral legislature
◦Senate – would have votes based on equal representation (NJ Plan) Representatives would be chosen by state
legislatures◦House of Representatives – votes based
on population (VA Plan) Directly elected by the people Voter eligibility determined by the states
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Three-Fifths CompromiseThere was a North/South disagreement
regarding the counting of slaves for purposes of apportioning seats in the House
South - wanted to count slaves in order to increase their numbers
North – resisted the South’s effortsCompromise
◦Allowed Southern states to count a slave as 3/5 of a person, allowing a balance of power between the North and South
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Presidential Selection CompromiseSelection of President would be
up to an electoral college◦People selected by each state
legislature to formally cast their ballots for the presidency
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Signing the Constitution All but 3 delegates signed the
Constitution on September 17, 1787
Drafting the Constitution took about 3 months
Document has lasted more than 200 years, making it the longest lasting Constitution in world history
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Amending the Constitution The Founders designed the
amendment process to be difficult, preventing Congress from easily adding so many amendments
They wanted the original document to be meaningful
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Formal AmendmentsThe Congress can be formally
amended in 4 ways:◦(1) Amendments may be proposed
by a 2/3 vote of each house of Congress and ratified by at least ¾ of the state legislatures All but 1 of the amendments have been
added through this process.
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◦(2) Amendments may be proposed by a 2/3 vote of each house of Congress and ratified by specially called conventions in at least ¾ of the states. Method was only used 1 time – 21st Amendment
that repealed prohibition◦(3) Amendments may be proposed by a
national constitutional convention requested by at least 2/3 of state legislatures and ratified by at least ¾ of the state legislatures
◦(4) Amendments may be proposed by a national constitutional convention and ratified by specially called conventions in at least ¾ of the states
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The last 2 methods have never been used to amend the Constitution
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Federalists vs. Anti-Federalists There was debate over
ratification of the Constitution between two major factions – the Federalists and Anti-Federalists
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Federalists Supporters of the ConstitutionFavored a strong, centralized
government They believed the Constitution
adequately protected individual liberties
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Anti-Federalists Opponents of the Anti-FederalistsBelieved the proposed
government would be oppressive Also believed that individual
freedoms and rights should be explicitly guaranteed
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The Federalist PapersRatification of the Constitution
was defended by the Federalist Papers ◦Written by James Madison, Alexander
Hamilton, John Jay
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Two most famous papers:◦Federalist #10
Argued that separation of powers and federalism check the growth of tyranny by factions
Each branch of government would keep the other two from gaining a concentration of power
◦Federalist #51 Explained why a strong government is
necessary
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Compromise and Signing A compromise and agreement
was made between the 2 factions with the addition of a Bill of Rights (or 1st 10 amendments)◦Guaranteed individual freedoms and
rightsRatification occurred in 1787
◦All states agreed to the documentBill of Rights officially added in
1791
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Important Terms/IdentificationsAnti-FederalistsArticles of ConfederationBicameral LegislatureBill of RightsChecks and BalancesConsent of the GovernedElectoral CollegeEuropean EnlightenmentFactions
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Federalist PapersFederalismFederalistsFormal Amendment ProcessThe Great CompromiseThomas HobbesInformal Amendment ProcessJudicial ReviewJohn Locke
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Limited GovernmentNatural RightsNew Jersey PlanPopular SovereigntyRatificationSecond Treatise of GovernmentSeparation of PowersShay’s RebellionSocial Contract
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“State of Nature”Three-Fifths CompromiseUnicameral LegislatureVirginia Plan