UNLV - HIST 1001 - Class Notes - Week 5

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The U.S. Constitution Recap…  Two processes of constitutionmaking o State constitutions – begins quickly in 1776 o Constitution for the “United States” (2 attempts)  Confederation (Articles of Confederation)  Federation (the Constitution of 1787)  From “are” to “is” …?  Ratification not guaranteed o Federalists & “antiFederalists” o Bill of Rights, geopolitics & more Constitution’s Structure  Preamble  Articles (7)  Bill of Rights (amendments 110)  Later amendments 1127 Preamble & Article VII as Bookends  Preamble invokes “the People” as constituting authority  Article VII defined what this meant o Ratification (at least 9 states) “We The people of the United States…”  Locates sovereignty in “the people”  People have right to “ordain & establish” – and ratify  Before this, no people had ever voted on own written constitution “…to form a more perfect union…”  Art. VII: Each state has sovereignty to join (ratify) or not join o However, state sovereignty is forfeited with ratification o Unilateral exit from union was prohibited  Art. VI makes Constitution “supreme law of the land”  1788: An indivisible nation prohibiting unilateral secession o Not a league of states, but a “consolidated government” Justice, Tranquility, Defense, Welfare, Liberty  Similar to goals listed for Articles of Confederation  Note issues of defense and geopolitics

Article VI: Various Issues  Issue of debts contracted before Constitution  Constitution, laws of US & treaties = supreme law of the land  No religious test for public office in U.S. o Federal government only; some states did have religious tests for state office Article V: Amendments  Note contrast with Articles of Confederation (unanimity required)  To propose amendment: o 2/3 of Congress (both houses) OR o 2/3 of state legislatures (convention)  To approve: o ¾ of states (legislatures or special conventions)  Some safeguards o Equal suffrage for states in Senate guaranteed o Importation of slaves = not alterable until 1808 (art. 1, sec. 9)  Note: slavery not outlawed until 1865; importation only (compromise) Article IV: Various Issues  Records, acts, judicial proceedings in one state respected in others  Privileges & immunities of citizens won’t vary from state to state  New states may be admitted o But not by dividing up old ones  Every state to have republican form of government Article I: Legislative  Two chambers: House & Senate (bicameral)  Senators & Representatives are paid, cannot hold other U.S. civil office  Making laws o Majority in each house + president’s signature o President can veto o Veto can be overridden by 2/3 in each house House of Representatives  Representatives directly elected using broadest franchise o Most democratic  2year term  Based on proportional representation  Problem of 3/5 Compromise o Slaves count as 3/5 of a person for purpose of establishing representation

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