American National Government POLS 1101 Lecture 2 - PowerPoint PPT Presentation

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American National Government POLS 1101 Lecture 2

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American National Government. POLS 1101 - Lecture 2. The Constitution ... 14th privileges and immunities; due process; and equal protection into the Constitution ... – PowerPoint PPT presentation

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Title: American National Government POLS 1101 Lecture 2


1
American National Government POLS 1101 - Lecture
2
  • The Constitution

2
Historical Foundation for the Constitution
  • John Locke and Natural Rights
  • English Heritage
  • Magna Carta
  • English Common law
  • Colonial Experience

3
Taxation Without Representation
  • 1764 Sugar Act
  • 1765 Stamp Act
  • 1767 Glass, lead, paint
  • 1774 - Tea Tax
  • 1774 - Boston Tea Party
  • 1775 - The Coercive Act

4
The Initial Response
  • First Continental Congress
  • Unity
  • United front
  • Redress Grievances
  • Rebellion
  • Second Continental Congress
  • Combat between colonists and England already
    occurring
  • Primary purpose form a Continental Army
  • Peace still sought
  • Independence debated throughout the colonies
  • Thomas Paine Common Sense - http//www.ushistory
    .org/paine/commonsense/index.htm

5
Independence
  • Declaration of Independence
  • Justification for rebellion
  • Grievances enumerated
  • Revolutionary concepts
  • Consent of the governed
  • Government protection of natural rights (life,
    liberty, pursuit of happiness) of its citizens
  • Right to revolt against a failed government
  • Republican Philosophy

6
Articles of Confederation
  • Rise of the Confederation
  • State power
  • Centralized Control Limited
  • Congress of the Confederation
  • Executive committee of states
  • Limited Achievements
  • Resolution of land claims
  • Northwest ordinance
  • Key Weakness
  • No independent source of revenues
  • Action requires consent of 9
  • Amendment process difficult
  • No national court system
  • A New World Order
  • Shays Rebellion

7
Drafting the Constitution
  • The Framers Foresight
  • The Bellwether Virginia
  • Republicans versus Federalists
  • The Constitutional Congress and Factions
  • Setting the Agenda

8
The Virginia Plan
  • Key elements include
  • Bi-cameral legislature
  • National executive
  • National judiciary
  • Primary Opposition
  • Small states

9
The New Jersey Plan
  • Amendment of the Articles of Confederation
  • Key elements
  • One state one vote
  • Congressional regulation of trade
  • Congressional taxation power
  • Acts of Congress supreme law of the land
  • Internal congressional election of multi-person
    executive office
  • Supreme Court appointed by the executive office
  • Supremacy Clause

10
Great Compromise
  • Connecticut proposal
  • Elements
  • Bicameral legislature
  • House of Representatives
  • Senate
  • Other Compromises
  • No export taxes
  • Court system

11
Structuring the Government
  • Madisonian Model
  • Separation of powers
  • Checks and balances
  • Executive
  • Electoral college

12
Final Document
  • Centralized Government
  • Distrust of Government Remains
  • 3 competitive branches of government
  • State Supremacy Intact
  • Diffusion of National Power
  • Fundamental Principles
  • Popular sovereignty
  • Republican form of government
  • Limited government with written laws
  • Separation of powers with internal checks and
    balances
  • A federal system that allowed for state
    sovereignty and states rights

13
Ratification
  • State approval required
  • No public input
  • Federalist papers
  • Support ratification
  • Theoretical underpinnings of proposed government
  • Officially ratified June 21, 1788
  • Functionally ratified July 26, 1788

14
Amending the Constitution
  • Formal
  • Proposals
  • Congress
  • National Convention
  • Ratification
  • ¾ of the state legislatures
  • ¾ of the states during national convention
  • Informal
  • Judicial review
  • Claimed by the Supreme Court in Marbury v.
    Madison
  • Federalist 78 - likely presumed as a judicial
    role by Founding Fathers give common law legal
    traditions
  • Legislative and Executive Interpretation

15
Final Compromise Bill of Rights
  • Amendments 1 10
  • Freedom of speech and religion
  • Right to bear arms
  • Quartering soldiers
  • Search and seizure
  • Grand jury, double jeopardy, due process, eminent
    domain
  • Criminal court procedures
  • Civil trial by jury
  • Cruel and unusual punishment
  • Rights of the people retained
  • Reserved powers to the states

16
Civil War Amendments
  • 13th outlaws slavery and involuntary servitude
  • 14th privileges and immunities due process
    and equal protection into the Constitution
  • 15th Amendment voting rights

17
Other Key Amendments
  • Expanding the franchise
  • Close to 20 of the amendments passed deal with
    expanding the franchise
  • Clarifying governing roles and limiting power

18
Notable Failed Amendments
  • Balanced Budget Amendment
  • Equal Rights Amendment
  • Pro-life Amendment
  • Prayer in Public Schools Amendment
  • Prohibition Against gay Marriage Amendment

19
(No Transcript)
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