AZC1

1787, 1788

John Jay, Alexander Hamilton, James Madison

• - limited government
• - seperation of powers
• - checks and balances
• - popular sovereignty
• - individual rights

• 100 members, 2 per state
• 6 year tem unlimited
• approve presidential appointments, treaties and try impeachments

• 435 members
• 2 year term, unlimited
• make impeachments

• Consists of the House and the Senate,
• they declare war, write bills, tax, override vetos, propose amendments

interpret the laws, 9 supreme court members and chief justice

• president and vice president
• atleast 35, natural born citizen, 14ys us resident
• vetos bills, wage war, negotiate treaties, grant pardons, call special sessions of congress, appoint officials

the people

the remote states

• the federal system is defective
• some of the state gov. are poorly administered

a large republic

• James Madison used factions to describe a number of citizens united by a common passion or interest
• the most common faction is the unequal distribution of land

they were best applied in an agrarian society

a federal Bill of Rights

• magna carta - colonists use to justify taxes, a statement of rights and privileges for British noblemen (Edward Coke)
• constitution - rights apply to all citizens
• dec. of Ind. - includes ideas and principles founded in Lockes Second Treatise, details the way the Britich gov. violated principles in the magna carta

• would have likely supported the Dec. of Ind. b/c the English gov, had violated its "contract" w/ the colonists believed when the government tramples over the lives, liberties and estates of the people, the people have the right to rebel
• he said that people submit themselves to the legislators

to forge new gov.

set the number of representatives in the house proportional to the popuulation, while the number of senators remains 2 per state

• proposed to encourage the southern stares to support the new constitution
• counted the slaves into the population
• gave southern states control of the house but not the senate

would have created a strong federal government in which the states have very little power

• representation in congress
• how to best elect an executive officer
• regulation on the importation of slaves

• unicameral legislature
• 1 vote per state
• 2/3 majority vote needed to pass legislation
• unanimous vote needed to amend the articles

• inability for national government to raise an army leaving the US vunerable
• treaty of paris provisions were not enforced ending in the Revolutionary war
• so the British continued to occupy the forts in the northwest territory

other countries placed tariffs and trade restrictions on US goods, the US was not able to reciprocate, absence of navy left US merchant ships vunerable to pirates

states placed tariffs on each others goods , led to a decline in intrastate commerce

many states printed their own money, the national currency became almost worthless

• no national exective
• no national court system
• national government could not collect taxes
• national government could not raise an army
• national government could not regulate trade

freedom of religion, speech, press, assembly , petition, free expression, free exercise clause, establishment clause

right to bear arms

consent to quarter soldiers

• rights of accused - investigation stage
• search and seizure
• warrants require probable cause

• rights of accused - arrest stage
• grand jury
• no double jeopardy
• self incrimination
• due process
• takings

• rights of accused - trial stage
• speedy, public trial
• impartial jury
• informed of charges
• confronted by accusers
• subpeona power
• counsel

trial by jury

• rights of accused - penalty stage
• no excessive bail
• cruel and unusual punishment

retains the rights of the people

undelegated powers left to the states or people

judicial powers

election of president and vice president

slavery abolished

limits upon states

right to vote not limited by race

income tax

election of senators

prohibition of alchohol

roght to vote given to women

terms of office for president, vice president, senators and representatives

repeal of prohibition

presidency limited to two terms

presidential vote in DC

no poll tax

presidential disability and sucession

voting age lowered to 18

crongressional pay

We the People of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, ans secure the Blessings of liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

• the committee of Stile and arrangement was responsible for arranging the articles and clauses
• Alexander Hamilton, William Johnson, Rufus King, James Madison, and Gouvernour Morris(preamble)

speaks to the common man, clearly stating it was created by the people

the new constitution would be "more" perfect

every citizen has the right to a fair trial and equal treatment

the Shays' Rebellion (revolt of farmers in Massachusetts) which took up arms by war and shocked the system. The framers wanted to prevent this and give powers to the federal government in hopes to keep it from happening again

the new nation was fearful from Britain and Spain, and an Indian attack - non one of the United States could go it alone

to allow every state and citizen benefit from the government

the framers wanted the citizens to look forward to being free as opposed to looking out for the interests of a king

• it finishes what "we the people" are actually doing
• gives the name of the document
• restates the name of the nation adopting the constitution
• "ordained" - means the higher power-the people
• "established" reminds us that it replaces the articles

• legislative branch
• house and senate
• taxes, pay debts, provide for the common defense and general welfare
• borrow money
• regulate commerce with foreign nations
• establish rule of naturalization
• coin money
• punish counterfeiting
• establish post offices and roads
• promote progress of science and arts
• constitute tribunals
• punish piracies
• declare war
• raise armies, navy
• make rules regulating land and naval forces
• make laws, etc

• executive branch
• civilian power over military, cabinet, pardon power, appointments

• judicial branch
• trial by jury
• original jursidiction
• jury trials
• treason

• the states
• each state to honor all others
• state citizens, extradition
• new states
• republican government

• the amendment process
• the congress, whenever 2/3 of both houses deem necessary, shall propose amendments, on the application of the legislatures of 2/3 of several states
• when ratified by the legislatures of 3/4 of the several states or by conventions of 3/4

debts, supremacy, oaths

ratification of the conventions of nine states, shall be sufficient for the establishment of this constitution between the states so ratifying the same

• article 6 section 1 in the constitution
• states must uphold the constitution as sumpreme law of the land

• Article 6 section 1 of the contsitution
• states must enforce and recognize the judgements of courts in any state

• grant titles of nobility
• enter treaties with foreign nations
• levies duties on imports/exports

• allows states to deny former supporters of teh confederacy the right to vote or hold public office
• details consequences if states deny male citizens over the age of 21 the right to vote
• guarantees that any person born in the US is a citizen

• article 1 section 8 of the consitution
• also called the necessary and proper clause
• the enumerated powers - congress may exercise only the powers found in the constitution

• under the 10th amendment
• powers that the US does not give to the federal government or forbid to the states

• argued by Alexander Hamilton
• the sovereign duties of a government implied the right to use means adequate to its ends

• has electors from each state which is equal to the congressional representation of that state
• makes it difficult for third party/independent candidates to win
• possibility of faithless electors
• disproportionate power to rural states
• typically a winner takes all system - majority of the states award all of the electoral votes to the candidate who wins the popular vote

• 1789-1901
• little collaboration between the national and state governments

• 1901-1960
• greater collaboration, national income tax and grant-in-aid system

• 1960-1968
• lyndon johnson - major departure from past
• expansion of grant-in-aid
• increasing use of regulations

1970-present

a system of government "in which sovereignty is shared(b/w two or more levels of government)so that on some matters the national government is supreme and on others the states, religions, or provincial governments are supreme

• 1 - must be a provision for more than one level of government to act simultaneously on the same territory and the same citizens
• 2 - each government must have its own authority and sphere of power, though they may overlap
• 3 - neither level of government (federal or state) can abolish the other

self incrimination

right to counsel

search warrants

desegregation in schools

wartime powers

• separate but not equal
• train car

blacks could not be citizens

national supremacy

judicial review

citizens have a right to privacy

• born in the US
• born to a parent who is a US citizens