Transcript Chapter 2
Chapter 2 The Constitution The Colonial Background • Jamestown – representative assembly • Plymouth – social contract with consent of the governed Selected Milestones in the Colonial/ Early American Era • • • • • • • • • • the Stamp Act the First Continental Congress the Second Continental Congress the Revolutionary War the Declaration of Independence the ratification of the Articles of Confederation Shays’ Rebellion the Constitutional Convention the ratification of the U.S. Constitution the Ratification of the Bill of Rights Important Concepts in the Declaration of Independence o Natural Rights – the idea that individuals hold certain rights because they are human; governments cannot take away these “inalienable” (can’t be transferred) rights – Locke describes these rights as “life, liberty and property” – Jefferson describes these rights as “life liberty and the pursuit of happiness” o Social contract -- a general agreement between the people and the government, where the people agree to give up some of their liberties, so that the remainder are protected. The Articles of Confederation Table 2-1: Powers of the Congress of the Confederation CONGRESS HAD POWER TO: CONGRESS LACKED POWER TO: • Declare war and make peace. • Enter into treaties and alliances. • Establish and control armed forces. • Requisition men and money from states. • Regulate coinage. • Borrow money and issue bills of credit. • Fix uniform standards of weight and measurement. • Create admiralty courts. • Create a postal system. • Regualte Indian affairs. • Guarantee citizens of each state the rights and privileges of citizens in the several states when in another state. • Adjudicate disputes between states on state petition. • Provide for effective treaty-making power and control foreign relations; it could not compel states to respect treaties. • Compel states to meet military quotas; it could not draft soldiers. • Regulate interstate and foreign commerce; it left each state free to set up its own tariff system. • Collect taxes directly from the people; it had to rely on states to collect and forward taxes. • Compel states to pay their share of government costs. • Provide and maintain a sound monetary system or issue paper money; this was left up to the states, and monies in circulation differed tremendously in value. Compromises in the Drafting of the U.S. Constitution • the Great Compromise – resulted in a bicameral legislature, with one house based on equal representation, the other on population. • the Three-Fifths Compromise – resulted in slaves being counted as “3/5” of a person for the purpose of determining population for representation in the U.S. House of Representatives. Separation of Powers – dividing governmental powers • legislative branch – is granted the power to make laws • judicial branch – is granted the power to judge laws • executive branch – is granted the power to administer laws. some delegates favored a plural executive, but a single chief executive was decided upon. Separation of Powers Branch: Legislative Congress House Senate Judicial Federal Courts President Judges Electoral College, People whose members President, with (originally, are chosen by the advice and consent state people of Senate legislatures) (originally, by state legislature) Officials chosen by: People For term of: 2 years 6 years Common people Wealthy people Large states Small states To represent primarily: Executive Presidency 4 years Life All people Constitution Ratification of the U.S. Constitution : • was supported by Federalists, who argued in favor of the ratification and supported a strong central government. • was opposed by the Anti-Federalists, who opposed a strong central government and argued for a Bill of Rights The Bill of Rights • the first 10 amendments to the Constitution • were adopted in 1791 • were designed to protect individuals from a too powerful national government Figure 2-2: The Formal Constitutional Amending Procedure Hot Links to Selected Internet Resources: • Book’s Companion Site: http://politicalscience.wadsworth.com/schmidtbrie f2004 • Wadsworth’s Political Science Site: http://politicalscience.wadsworth.com • Emory University, School of Law, Constitution of the United States: http://www.law.emory.edu/erd/docs/usconst.html • National Consitution Center: http://www.constitutioncenter.org • Web Guide to the Constitution of the United States: http://tcnbp.tripod.com/webguid.htm