they were given permission by the national congress under the articles to meet and make a list of...
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Constitutional Convention 1787
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What should we do with the Articles?
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What should we do with the Articles?They were given permission by the national congress under the Articles to meet and make a list of suggestions for possible revisions.
This mind-set allowed a certain amount of freedom to create total change because in the end a delegate could say – we’ll its just a suggestion.
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Structure of the Legislative Branch?
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Structure of the Legislative Branch?Connecticut compromise- 2 Houses
one house based on equal representation- Senate- 2 per state (State’s house)
Another house based on population (435 total) seats shift with population shift (house of rep.) (The people’s house)
House of Reps.- $ bills start in House- “the people decide what they give to the government”
both houses “check and balance” each other
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Will the slave population count toward representation?
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Will the slave population count toward representation?
North feared- unfair representation by south
South feared northern dominance and argued that the southern lifestyle that also benefited the North led to small populations by south
taxation and representation could also be based on property values
3/5th Compromise (the federal ratio)
# derived from a previous amendment to the articles of conf. in 1783 changed taxation from property to population- south objected if slave population counted Virginia said- only ½ slaves New England said ¾ slaves Madison suggested 3/5th
amendment later failed to be ratified but the number was remembered by Madison
Madison suggested the old Federal Ratio (3/5th)
Not counting all of the slaves gave the south a sense of urgency to increase #, also this resulted in unfair political impacts- slave states dominated Presidency, electoral college, HOR, speaker of house, Supreme Court .
They were taxed on representation
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Powers to Congress- Enumerated
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Powers to Congress- Enumerated Tax
Declare War
Post offices
Create Laws
Regulate immigration
Check and Balance the President and Supreme Court
Article I Section 8- expressed powers
Necessary and Proper clause
Commerce Compromise
$ Power of the Purse $
HOR – majority rules, Senate- majority rules but in reality 60/100 to pass a bill
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Commerce Compromise
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Commerce CompromiseSouth feared north would increase shipping rates, North feared that southern slavery would expand out of control.
Small sates feared that larger states would squeeze them out of foreign markets.
The South threatened Congress to have the impossible 2/3 vote on all trade laws.
Southerners (South Carolina and Georgia) wanted slave trade untaxed
(Mass, nh, sc, conn, ga) helped write up a compromise
Compromise
South to import slaves tax free- importation of slaves to end in 20 years
No tax on exports
Tax imports except slaves
Congress could decide on foreign trade with a simple majority vote
Results on slave trade- cheapened value of slaves= decrease in slave conditions
3/5th + no tax on slaves + 20 year limit= explosion of slave trade
SC has more slaves than white people- south doubles its voting power
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$ Power of the Purse $
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$ Power of the Purse $Congress has the ability to raise money (tax), create currency, issue bonds, and approve debt.
Congress also has the ability to determine who receives those national funds.
The “Power of the Purse” or the power to provide or cut funding has been a powerful unwritten check that the Legislative branch has had over the other branches and the states.
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Who elects the Reps.?
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Who elects the Reps.?1787- House of Reps- people, Senate- State Leg
Now- HOR- people, Senate- people , if a vacancy occurs during the term
Governor from that state appoints Senator to fill seat. (amendment 17 1913)
HOR- every 2 years- people move, attitudes changeSenate- every six years- difficult and expensive to have frequent elections.
HOR- people’s branch, Senate was the state’s branch – this has changed since 1913, The senate use to be elected by state leg, therefore forcing National Senators to adhere to state rights.
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Term length of the Reps.?
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Term length of the Reps.?
1787 and now
H.O.R. – 2 years
Senate- 6 years
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Is re-election possible?
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Is re-election possible?Yes- Unlimited then and now
should it be amended?
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Type of Executive?
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Type of Executive?1787- single president with the ability to create positions president and vice president with advice and approval by the senate vs. HOR
national/state vs people
Executive/Senate vs HOR
Hamilton first suggest the term checks and balances to discuss relationship between S/HOR.
Now/Tradition
When Washington created the first cabinet he eliminated the need for Senate advice this limited their role to simply approval- thus changing a working relationship into a competitive check
National vs State and People
Executive vs Senate and HOR
The formation of the cabinet- also lead to an expanded executive branch
President & Vice PresidentCabinet members are also secretaries of executive departments
Executive Departments and Umbrella Agencies
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Who elects the Executive?
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Who elects the Executive?Electoral College System
People vote for electors that are selected by state legislators
number of electors per state equals HOR + S from state
usually a winner-take all but it depends upon state rules (plurality)
electors cannot currently be in government office
highest number of electoral votes- president, 2nd highest VP (changed by 12th amendment 1804)
Electoral votes needed= 270 , this is a majorityif 270 not obtained run-off election in HOR
elector votes are cast in December in state capitals
inauguration in January
A compromise that satisfies- people, states, national congress, big states and small states
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Powers and Roles of the Executive?
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Powers and Roles of the Executive?“Art. II- The executive power shall be vested in a President of the United States”- broad power leads to Increase of power.
executive orders
roles- chief leg, chief exe, chief diplomat, chief citizenChief of state, commander in chief, chief judiciary,
Executive privilege- tradition- established by separation of powers
Treaties, Executive – agreement, ex-leg agreement
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Powers and Roles of the Executive?Presidential Powers and Congressional Relationship
Less Power More Power
Topic -------------------------------------------------------------------------------------------------------0 1 2 3
Executive no power 2/3 senate approval 51% Congress power to create ordersno approval
Diplomacy no power 2/3 Senate 51% Congress no approval needed
Leg- Veto no veto 51% congress override 2/3 Override absolute
Pardon no power 2/3 approval 51 % approval no approval needed
Appointment no power 2/3 senate approval 51 % congress no approval needed
War making no power approval needed approval not needed absolute Congress controls funding
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Presidential Term and Re-election?
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Presidential Term and re-election?
1787- 4 years – unlimited re-election
Thomas Jefferson’s letters to Madison and Washington- Washington’s farewell address and refusal of 3rd term
Created a 2 tradition of a two term limit
FDR broke from tradition elected in 1932, 1936, 1940, 1944. FDR died in office.
22nd amendment 1947- 2 term limit (11 years total)
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Judicial Branch structure
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Judicial Branch structure Dual Court System
Supreme CourtFederal Court State Court
Federal Court of Appeals
Lower Federal Courts based on topic, location,
parties involved
State Superior Court
State Appeals Court
Lower State Courts based on topic, location, parties
involved
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Supreme Court
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Supreme Court9 Supreme Court Justices
1 Chief Justice
Appointed by the President
Approved by the Senate
Life long term
Impeachment possible
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Traditions and debates of current Government
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Traditions and debates of current Government
Federalist vs Anti-Federalist
“A Republic if you can keep it”- voting and pluralism
Checks and Balances
Judicial Review
Executive Traditions
Power of the Purse- earmarks, interest groups, pork
Bill of Rights Ratification process
Amendment Process
Unwritten Power- implied power
Political Parties