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Unformatted text preview: The Constitution: Part II
Most faults are not in our Constitution, but in ourselves. Ramsey Clark QUIZ 1. What two states drafted plans for the two houses of Congress? 2. How do we choose our President? (a). Pennsylvania and New York (b). Delaware and New Jersey (c). New York and New Jersey (d). New Jersey and Virginia (e). Pennsylvania and Virginia (a). Through popular vote alone (b). Through the electoral college alone (c). Through a combination of popular vote and the electoral college (d). Through the federal legislature (e). Through a federal act QUIZ 3. The compromise in the Constitution over the issue of slavery is coined as the: 4. What two groups battled one another in designing the Constitution? (a). Great Compromise (b). 3/5 Compromise (c). War to end all wars (d). Psychedelic Furs (e). Haven't you figured out the answer yet? (a). Executive branch and legislative branch (b). The President and his Cabinet (c). Democrats and Republicans (d). The Colts and the Patriots (e). Federalists and AntiFederalists QUIZ 5. Who wrote the Federalist Papers? Bonus: Where is the nation's first Presidential debate being held? (a). Adams, Jefferson and Hamilton (b). Madison, Adams and Hamilton (c). Jay, Adams and Madison (d). Jay, Hamilton and Madison (e). Jefferson, Hamilton and Madison (a). Iowa (b). New Hampshire (c). Massachusetts (d). New York (e). New Mexico The Plans Virginia: Shifted focus from confederation to creation of new union. Bicameral Legislature, with lower chamber electing upper chamber, executive and judicial officers (much like British parliamentary system). Legislature can make any law and veto any state law. Override of executive veto. The Plans The Great Compromise Senate (upper house): House of Representatives (lower house):
Based on population Authority to levy taxes (create tax legislation) Composed of 2 senators from each state, serving 6yr. terms Majority of both houses pass legislation, with power to override veto with 2/3 of both houses. Congress' enumerated powers embodied in Art. I, 8 Checks and Balances: Separation of Powers... what are these? (re. p. 56) Judiciary can deem laws and executive orders unconstitutional. Executive appointment and Senate confirmation of Judiciary. Senate can impeach and remove President and ratify treaties. The Electoral College Mix of state, congressional and popular participation to elect President. Process: States' members of House + Senate = number of electors. Need majority of elector (270 of 538) to choose President. If no majority, House of Reps chooses from among top three candidates; each state gets one vote. Majority needed to have winning candidate. (more to come later...) Important Clauses: Art. I, 8 Commerce Clause: Congress given authority "to regulate Commerce with foreign Nations, and among the several States." Necessary and Proper Clause: Congress enjoys the authority "to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States." Judiciary Supremacy Clause: National laws take precedence over state laws when both discharge shared responsibilities. Judicial Review: ability of the USSC to overturn federal laws and executive actions (re. Marbury v. Madison). Slavery Original Declaration of Independence condemned Britain for institution of slavery (but not contained in copy sent to GB). Split:
South: wanted to count slaves as full votes North: did not want slaves to be counted at Importation of slaves: Constitution banned all 3/5 Compromise any regulation of the slave trade until 1808. Amending the Constitution Ratification Only needed 9 of 13 states to ratify, BUT the Articles of Confederation deemed any change to law from unanimous consent... How is the Constitution saved? BattleFront: All 13 states eventually ratified the Constitution. The Federalist Papers: originally aimed at NY ratification of the Constitution; written under pseudonym Publius by Hamilton, Jay and Madison. Federalists: Madison and Jefferson; Constitution seen as correct balance of federal system AntiFederalists: Patrick Henry, Sam Adams; wanted more power with states; called for Bill of Rights Constitutional Principles Federalism: state v. FED
Lesser concentration Separation of Powers between branches:
Compete w/ each other, check and balance Enumeration of Powers: only those one another powers that are enumerated are specifically given to the federal government. ...
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- Spring '08
- The Federalist Papers