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Test 1 Notes - Creating a Constitutional Democracy...

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Creating a Constitutional Democracy Government 310L Professor Andrew Karch I. An elected Constitution A. Constitution was crafted with public opinion in mind B. Ratification debate as our first national election C. Federalist Papers as a campaign document II. Weaknesses of the Articles of Confederation A. Very weak central government B. Limited powers of the national legislature III. Brokering compromise at the Constitutional Convention A. The structure of the U.S. Congress: the Connecticut Compromise B. Other important compromises 1. Congressional powers and the “necessary and proper” clause 2. Voter qualifications left to the states 3. Presidential powers limited by congressional checks 4. Presidential selection and the Electoral College 5. Judicial authority and the supremacy clause 6. Slavery and the three-fifths clause C. One glaring oversight: the Bill of Rights IV. The Federalist/Anti-Federalist debate A. Anti-Federalist claims B. Federalist response C. Madison: Federalist 10 1. It is impossible to remove the causes of factions 2. Creating a republic will control the effects of factions Key Terms Federalist Papers essays that were written in support of the Constitution’s ratification and have become a classic argument for the American constitutional system. Articles of Confederation – the first (1781-1789) basic governing document of the United States and forerunner to the Constitution. Connecticut Compromise – Constitutional Convention proposal that created a House proportionate to population and a Senate in which all states were represented equally. Necessary and proper clause – Constitutional clause that gives Congress the power to take all actions that are “necessary and proper” to the carrying out of its delegated powers. Also known as the elastic clause. Electoral College – those chosen to cast a direct vote for president by a process determined by each state.
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Supremacy clause – Constitutional provision that says the laws of the national government “shall be the supreme Law of the Land.” Three-fifths compromise – Constitutional provision that counted each slave as three- fifths of a person when calculating representation in the House of Representatives; repealed by the 14 th Amendment. Creating a Constitutional Democracy 1. An elected Constitution – was not first document of the US. The Articles of Confederation were. They governed from 1781-1789. 2. Weaknesses of the Articles of Confederation - Very weak central government – The constitution was a reaction to this weakness. People thought A of C would not be able to hold the US together. Founders like James Madison thought something new should be written. - Limited powers of the Continental Congress a. could not raise an army b. could not tax citizens directly c. no monopoly over coining money – there was not one currency that held the country together.
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