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Feb 11, 2016
Articles of ConfederationThe Limits of Limited Government:No common currency or banking lawsUnable to settle disputes over commerce between statesUnable to have stable govt. funding or to collect taxesUnanimity necessary to amendUnable to deal with foreign powers, i.e. N. African PiratesWeak army and navyUnable to respond to Shays rebellion
The first amendment grants the rights to speech, _______,press, assembly, and petition.The right to bear arms is based on the need for a well-regulated ___________.The eighth amendment permits the death penalty. (True/False)The tenth amendment reserves unenumerated powers to the states (True/False).Double Jeopardy refers to what?
Constitutional ConventionNew Generation of Leaders:Madison and Jefferson, et al.Absent: John and Sam Adams, Patrick Henry, and Thomas Henry, other revolutionariesGoal Strengthen the Republic(Against enemies foreign and domestic)
Unicameral vs. Bicameral
Patrick Henry by Thomas Sully, 1815A Virginia planter and lawyer, Patrick Henry may have acquired his oratorical brilliance from his father, a fiery Virginia preacher. Henry chose politics rather than the pulpit, and throughout the 1760s and 1770s he stirred the House of Burgesses to resist British policy and the British king. ( Colonial Williamsburg Foundation)Patrick Henry by Thomas Sully, 1815Copyright Houghton Mifflin Company. All rights reserved.
James Madison by Charles Willson Peale, 1783James Madison described himself as "feeble" and "sickly" and suffered all his life from dizzy spells and stomach disorders. But this small, shy Virginia planter and lawyer won the respect of his colleagues as a brilliant political theorist during the drafting of the Constitution, and later as a genius for organizing the machinery of party politics. (Library of Congress)James Madison by Charles Willson Peale, 1783Copyright Houghton Mifflin Company. All rights reserved.
CONSTITUTION =COMPROMISEGreat CompromiseHouse of Reps for Populous StatesSenate for Small States
Power of govt. divided into 3 branches
3/5ths Compromise Compromise on counting slaves as part of population
Democratic power limited by powerful federal judges and the Electoral College, only Representatives directly elected
Limited Government achieved through Checks and BalancesRule based on consent of the governed, but my means of representative, not direct, democracy
LIBERTY WAS BALANCED WITH ORDER
John Marshall by Charles B.J. Fevret De St. Memin, crayon, 1801John Marshall (17551835) was chief justice of the United States from 18011835. He posed for this portrait by the French artist Charles Balthazar Julien Fevret de Saint-Memin in 1801, the year he joined the Court. The artist captured the power and strength with which Marshall would dominate the Court. (Duke University Archives)John Marshall by Charles B.J. Fevret De St. Memin, crayon, 1801Copyright Houghton Mifflin Company. All rights reserved.
First draft of the Constitution with wide margins for notes, August 6, 1787, folios 1 and 5In August of 1787 a first draft of the Constitution was secretly printed in Philadelphia for the use of convention members. Wide margins left room for additions and amendments, such as those made on this copy by Pierce Butler, the South Carolina delegate. Note that in this early version the preamble does not yet read "We the people of the United States," but instead begins by listing the individual states. (The Gilder Lehman Collection, on deposit at the Pierpont Morgan Library/Art Resource, New York)First draft of the Constitution with wide margins for notes, August 6, 1787, folios 1 and 5Copyright Houghton Mifflin Company. All rights reserved.
THE STRUGGLE FOR RATIFICATION:
Problem: Rhode Island boycotted Constitutional Convention
Solution: After 9 states ratify, Const. in effect in those states
Effect: Virginia, New York, North Carolina, and Rhode Island are last states to ratify
DEBATE RAGES!!! TO RATIFY OR NOT!!!
FEDALISTS (MADISONIANS)ANTI-FEDERALISTS (JEFFERSONIANS)Anti-federalists: AGAINST RATIFICATIONWHY: Suspect the elite, suspicious of tyranny
WHO: Poor farmers, frontiersmen, states rights advocates
Federalists:FOR RATIFICATIONWHY: Stability and Strength needed to secure economy and the high seasWHO: Propertied classes, merchants, bankers
FEDERALIST PAPERSA series of essays written by Madison, Hamilton, et al. to create support for ratification in New York, most famous was Federalist #10
AMONG the numerous advantages promised by a well constructed Union, none deserves to be more accurately developed than its tendency to break and control the violence of faction. By a faction, I understand a number of citizens, whether amounting to a majority or a minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adversed to the rights of other citizens, or to the permanent and aggregate interests of the community. The inference to which we are brought is, that the CAUSES of faction cannot be removed, and that relief is only to be sought in the means of controlling its EFFECTS. From this view of the subject it may be concluded that a pure democracy, by which I mean a society consisting of a small number of citizens, who assemble and administer the government in person, can admit of no cure for the mischiefs of faction. A republic, by which I mean a government in which the scheme of representation takes place, opens a different prospect, and promises the cure for which we are seeking. The two great points of difference between a democracy and a republic are: first, the delegation of the government, in the latter, to a small number of citizens elected by the rest; secondly, the greater number of citizens, and greater sphere of country, over which the latter may be extended. A rage for paper money, for an abolition of debts, for an equal division of property, or for any other improper or wicked project, will be less apt to pervade the whole body of the Union than a particular member of it; in the same proportion as such a malady is more likely to taint a particular county or district, than an entire State.
The Federal Procession in New YorkThe unknown artist of The Federal Procession in New York, 1788, captured the jubilant mood of Americans as they celebrated their new Constitution with parades, bonfires, and banquets. As the "Ship of State" float indicates, New Yorkers were particularly eager to acknowledge the role of their own Alexander Hamilton in launching the new government. (Library of Congress)The Federal Procession in New YorkCopyright Houghton Mifflin Company. All rights reserved.
Bill of RightsThe Bill of Rights is a compromise between the Federalists/Madison and the AntiFederalists/Jefferson.
Which amendments are the most important, from an Anti-federalist perspective?
Major goals of the delegates at the Constitutional Convention includedCareful revision of each article of the Articles of ConfederationPreservation of the UnionCreation of a stronger national governmentRestricting democracy in the several states