U.S.
Constitution
Notes
Constitution
Notes
in 1786, leading statesmen called
for a special convention to revise the Articles -- the Constitutional Convention.
Framers:
All but Rhode Island met in Philadelphia. Rhode Island was controlled
by small farmers and debtors who wanted a weak central government. Inflation
was good for them. 55 delegates met. Madison 36, Hamilton is 32 Washington is
55.
Virginia Plan:
q
Madison and Edmund Randolph called for a new government with 3 branches
q
Legislature: bicameral, based on $ and support given to the government the
second based on population. The lower house would then elect the upper house
q
They had power over state laws and states had to obey national laws
q
Executive and judicial chosen by congress
q
National government that could enforce own laws
New Jersey Plan: Countered the VA. Plan
q
Legislative: unicameral, equal representation per state.
q
Congress has power to tax and regulate interstate trade
q
Plural executive chosen by
congress and could be replaced by a majority of governors.
q
Courts appointed by the executive branch with only 1 supreme court
Great Compromise: Combined the two
q
Legislative: bicameral one by population the other of equal votes.
q
Today over half of the world is bicameral yet only a few split the representation.
3/5 compromise:
q
Agree that 3/5 of slaves count in the population as far as representation
goes.
q
They are referred to as “ other people” in the constitution
Article 1 Section 2 Clause 3
Commerce and Slave Trade Compromise:
q
Southern states feared congress would act against them in taxing exports
of tobacco and cotton.
q
Before agreeing to commerce powers of congress they wanted certain protections
q
Congress was then forbidden from taxing exports from any state.
q
Can’t act on slave trade for 20 years.
After five weeks of debate over the committee
of detail's draft Constitution, the Constitutional Convention appointed a committee of style to prepare a final version;
Gouverneur Morris, later known as the "penman of the Constitution," did most of the work. On September
17, 1787, after several days of further revision, the Constitutional Convention voted in favor of the Constitution. The states
were left to accept or reject this new plan of government.
The capital would be the most important
city in the new nation; the new government would bring with it employment, trade, and an active social circuit. Several cities
vied to be the new capital. After much debate, New York City was chosen as a temporary capital, until a final decision could
be made.
Antifederalists opposed the
Constitution for a variety of reasons. Some continued to argue that the delegates in Philadelphia had exceeded their congressional
authority by replacing the Articles of Confederation with an illegal new document. Others complained that the delegates in
Philadelphia represented only the well-born few and consequently had crafted a document that served their special interests
and reserved the franchise for the propertied classes. Another frequent objection was that the Constitution gave too much
power to the central government at the expense of the states and that a representative government could not manage a republic
this large. The most serious criticism was that the Constitutional Convention had failed to adopt a bill of rights proposed
by George Mason. In New York, Governor George Clinton expressed these Antifederalist concerns in several published newspaper
essays under the pen name Cato, while Patrick Henry and James Monroe led the opposition in Virginia. They Objected to the
lack of mention of God, ratification process, denial of States to print money, Increased power of the central government and
a lack of a bill of rights.
the Federalists, fought back,
convinced that rejection of the Constitution would result in anarchy and civil strife. Alexander Hamilton, James Madison,
and John Jay responded to Clinton under the pen name Publius. Beginning in October 1787, these three penned 85 essays for
New York newspapers and later collected them into 2 volumes entitled The Federalist, which analyzed the Constitution,
detailed the thinking of the framers, and responded to the Antifederalist critics.
As for the lack of a bill of rights, Federalists
argued that a catalogued list might be incomplete and that the national government was so constrained by the Constitution
that it posed no threat to the rights of citizens. Ultimately, during the ratification debate in Virginia, Madison conceded
that a bill of rights was needed, and the Federalists assured the public that the first step of the new government would be
to adopt a bill of rights.
I.
A.S.C. Article, Section, Clause
II.
Legislative:
(Congress) Make the laws
a.
Power of Legislative Branch
i. Creates lower courts
ii. Remove judges
iii. Approve or reject appointments
iv. Makes laws
v. Appropriates funds to carry out laws
vi. Override a veto
vii. Remove a President
viii. Approves treaties
b.
Necessary and Proper Clause
c. Ex post facto
III.
Executive: (President and Cabinet) Enforces the laws
a.
Powers of the Executive Branch
i. Veto legislation
ii. Recommend legislation
iii. Enforces laws
iv. Carries out laws
v. Appoints supreme court
vi. Appoints federal judges
b.
Necessary and Expedient Clause
IV.
Judicial Branch: (Supreme Court) Judges constitutionality of laws
a.
Powers of the judicial Branch
i. Declares acts of Congress unconstitutional
ii. Appointed for life
