ISS Review 1 - I. Constitution ~ America has the world's...

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I. Constitution ~ America has the world’s oldest written constitution. ~ Aristotle was the first figure in recorded history to formally make the distinction between law and constitutional law. He said there should be a mix of monarchies (ruled by one), aristocracies (ruled by few), and democracies (ruled by many). ~ The Magna Carta established the ideal of “habeas corpus,” provided that the king was not permitted to imprison, outlaw, exile or kill anyone at a whim—there must be due process of law first. ~ The 1 st continental congress (1774) drafted a resolution to boycott British trade and urged the colonies to raise their own troops. The 2 nd continental congress (1775) established a national army with George Washington as commander and chief. ~ The Articles of Confederation were the first constitution for the US which was a confederate form of government, with all power in the states. ~ The central government under the Articles suffered because the Confederation was made up of independent states that had no intention of giving up their sovereignty. Because there was such a weak government, the central government could do little to maintain peace and order (Shays Rebellion, bickering among states over taxes, states coining their own money). ~ Shay’s Rebellion showed a clash between citizens and army and the government didn’t have a good way to suppress it, had to find a way to control mobs. ~ Virginia Plan: a bicameral legislature where the lower house is chosen by the people, the upper house is elected by the lower house. The number of representatives in the legislature would be in proportion to each state’s population. New Jersey Plan: each state would have one vote in congress. An executive office of more than one person would be elected by congress. The executive office would appoint a national supreme court. Connecticut Compromise: resolved the large/small state controversy. A bicameral legislature where the lower house, the House of Representatives, would be based on each state’s population, and the upper house, the Senate, would have 2 members from each state. ~ Congress was given the power to regulate interstate commerce, but no export taxes could be imposed on products exported by the states, and they could tax imports.
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~ The 3/5 Compromise stated that 3/5 of the slaves were to be counted for both tax purposes and representation. ~ In the original constitution, only the House of Representatives was popularly elected ~The Federalists supported the adoption of the constitution (the Federalist Papers were written to defend the constitution). The Anti-federalists opposed a strong central government and the new constitution. They argued that the constitution needed a Bill of Rights. The Federalists finally agreed to add a Bill of Rights,
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This note was uploaded on 03/30/2008 for the course ISS 225 taught by Professor Williams during the Spring '07 term at Michigan State University.

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ISS Review 1 - I. Constitution ~ America has the world's...

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