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Introduction
- Supreme Law of the land
- Establishes a federal system, federalism
- Establishes three branches of the national government
- Executive (the President)
- Judicial (the Courts)
- Legislative (Congress)
- Divides Power between National and State Governments
- Defmes the relationship between citizens and the government
- Limits the National Government
- Gives the National Government the power to regulate business
- Major importance to this class
- Will see how and why later
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Nature and Purpose of the Constitution
- Historical context of the adoption of the Constitution
- The Constitutional Convention:
- Ratification:
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Historical context of the adoption of the Constitution
- In 1770's American Colonies becoming disgusted with England
- Declaration of Independence
- Independence won
- Articles of Confederation
- Shay's Rebellion
- Change in government discussed in Annapolis
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In 1770's American Colonies becoming disgusted with England
- British were passing the cost of the protection of colonies onto colonies
- series of taxes upset colonists
- "no taxation without representation"
- Boston Tea Party
- More taxes
- Naval Blockade of Boston Harbor
- Colonists formed First Continental Congress
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Declaration of Independence
- Colonists had no army nor navy
- British had large army and best navy in world
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Articles of Confederation
- State Dominated
- Trade barrier developed between states
- National Government had no power to tax
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The Constitutional Convention:
- 55 representatives of 12 States (Rhode Island did not attend)
- Problems:
- Create strong central government but not too strong
- Several Compromises
- Separation of Powers
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Ratification:
- Required three-fourths of the States
- Debate about ratification was intense
- For:
- Federalists
- Federalists Papers
- James Madison, John Jay, Alexander Hamilton
- Against:
- Anti-Federalists
- Several larger States (Virginia, Pennsylvania)
- Thomas Jefferson
- Another Compromise:
- Federalist's agreed to include personal
- Freedom and states rights
- Bill of Rights is the result
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Constitutional Interpretation:
- Written in general terms/ambiguous
- Division of Authority
- Settlement of Conflicts of Authority
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Written in general terms/ambiguous
- Flexible
- Judicial interpretation
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Division of Authority
- need for strong National Government BUT not too strong
- Three basic governmental functions set out by Constitution
- Make law (legislature)
- Enforce law (executive)
- Interpret and apply the law Gudicial)
- By separating the power/authority, no one branch has too much power
- For example, see Immigration and Naturalization Service v. Chadha
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Settlement of Conflicts of Authority
- Occasionally, one branch of the government interferes with another
- Example- Youngstown Steel & Tube Co. v. Sawyer
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