- Republicanism- gov. that resides in the people and is exercised with their concent by elected rep.s
- Federalism- division of sovereignty between two or more governments. Constitution vested power in the state and national government. Continues power derived from people who are ultimately sovereign.
- Separation of Powers- lawmaking, law enforcing, and law interpreting are separated into three branches.
- Checks and balances- gives branches some scrutiny and control over the other branches.
- (extra sorta) Limited Government- only allowed to do things citizens allow it to...(doesn't work very well)
Structure of Constitution includes detail about government.
Article 1
- describes the legislative branch and is the most detailed
- expresses enumerated powers; basically a list of powers such as the right to declare war, to tax, regulate interstate and foreign commerce...etc.
- Sets up implied powers (in the "means necessary and proper" clause) to carry out the enumerated powers which kind of limits the government.
Article II
- Sets up executive branch; qualifications/procedures in electing president.
- Lists the president's duties and powers
Article III
- Judicial Branch; one supreme court specified in constitution. ONLY court the constitution set up.
- Other language that there could be other courts that Congress may decide.
Article IV
- gives each state what the constitution says as "full-faith and credit" to the laws of other states. So when you cross the border in Maryland hey will recognize a Virginia license.
Article V
- specifies amendment process
Article VI
- supremacy clause making national law predominate over state law.
Article VII
- specified that ratification of constitution after it left the convention had to be approved by 9 states in a convention.
Slavery Issue
- opponents of it were a minority in the constitutional convention
- judge that slave holding states wouldn't ratify constitution if it had language against slavery
- 3/5th Compromise worked out to deal with representation in the House.
- If a state had 5 slaves it'd be given credit of 3.
- agreed slave trade not ended before 20 years elapsed
- fugitive slave law in constitution (proved to be too weak later) said if a slave is caught it shoudl be retuarned to the owner
Once sent out
- groups in favor called themselves Federalist
- such as Madison, Hamilton, and John Jay
Write the Federalist papers that argue in favor of ratifying the constitution
Federalist 10
- Madison trying to break violence of factions
- most concerned with inequalities in wealth
- worried about Tyranny of the Majority
- This could be checked by represenative democracy, not the people would control the government.
- Either change peoples behavior (not possible) or elect rep.s and a large national would prevent Tyranny of the Majority
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