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by: Estelle Prosacco


Estelle Prosacco
GPA 3.84


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Class Notes
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This 31 page Class Notes was uploaded by Estelle Prosacco on Saturday September 12, 2015. The Class Notes belongs to POLS 1101 at University of Georgia taught by Marcin in Fall. Since its upload, it has received 17 views. For similar materials see /class/202230/pols-1101-university-of-georgia in Political Science at University of Georgia.

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Date Created: 09/12/15
THE DEVELOPMENT OF AMERICAN CONSTITUTIONAL DEMOCRACY Important Questions What is the role of any constitution Resiliency of US Constitution Why did Articles of Confederation fail How should Constitution evolve Why does Constitution promote gradual change History of SelfGovernance Mayflower Compact first written agreement for self government in America 1620 First colonial representative assembly in Virginia Leadership opportunities Colonies in charge of in state domestic affairs Britain remained in charge of foreign matters Dealt with colonies individually SelfGovernance cont At end of 7 Year War the British government was broke Diminished home rule Stamp Act Congress October 1765 Organized Resistance Boston Tea Party Intolerable Acts passed as a result 1St Continental Congress Fall of 1774 in Philadelphia All colonies sent delegates All felt vulnerable Results Resolutions condemning taxes Declaration of American Rights Ban all trade with Britain until taxes revoked Committees of observation created to prevent freeriding Occurred before Lexington and Concord 2nOI Continental Congress May 1775 after war had broken out Congress acted as a national government Local conventions were reconstituted into state governments Issued first bonds and established national currency Expanded army into national army Created transitional government Declaration of Independence Drafted by Thomas Jefferson and approved by 2nd C Congress In response to call by RHL Paine Common Sense 1776 Essentially a separation resolution Did not tamper with declaration but with the gnevances Articles of Confederation Result of 2nd Continental Congress Confederation Each state has one vote unicameral Each state a sovereign entity 9 of 13 required to pass major laws Unanimity required for more serious alterations taxes No real focus on executive orjudiciary Articles of Confederation National Military Command Congress would coordinate effort Lack of administrative apparatus Sought to decentralize authority to states Protest from military personnel Hartford Convention 1780 Resolution passed by 5 states Prisoners dilemma lacked coercion Main Elements of Articles Single house of Congress Each state had one vote Congress had power to Set up postal department Estimate the cost of the government and request quotdonationsquot from the states Develop an armed forces Control the development of the western territories Arbitrate state disputes With consent of 913 states Could coin borrow and appropriate money Declare war and enter into treaties and alliances with foreign nations Judicial proceedings in states would have to be honored in others Deficiencies Economic No ability to regulate trade Nojudicial branch No executive Difficult to change Fallout from Victory Debt Lack of commerce power by Fed Govt Annapolis 1786 set stage for Constitutional Convention Shays Rebellion Reaction to uprising Makeup of framers Not all assumed a new constitution would be drafted Intellectual Foundations of Modern Democracy 0 After decline of ancient Athens democracy Nasdonnant Influences Locke People are rational beings State of nature Social Contract LIMITED GOVERNMENT Sovereignty Replacement Intellectual Foundations of Modern Democracy cont Hobbes Locke based philosophy on Hobbes State of Nature Leviathan Nem on A ontesqtueu Hume Common Ground Knew that compromise was required Agreed on Washington to preside over convention Held in secret Rejected direct democracy mob rule in favor of republic Government of laws not men Committed to separation of powers and federalism Conflict Small vs Large states Representation One president or multiple executives How should president be chosen National system of courts or one supreme court New jersey Plan Singlehouse chamber equal representation for each state regardless of population 39 39 Legislature has same power as under Articles with added authority to levy taxes and regulate commerce can exercise supremacy clause over state legislation fr Plural executive can be removed by legislature on petition of a majority of states courts appointed by executive Supreme Court hears appeals in limited number of cases Great Compromise ih39 Twochamber legislature with lower chamber House of Representatives representation based on population and upper chamber Senate representation equal for every state 7 Authority to levy taxes reserved to the lower chamber Virginia Plan Shifted focus away from fixing Articles Bicameral legislature Power shifted to national government One check against national legislature the Council of Revision Strong national government Opposition from small states Virginia Plan 0 National government could make whatever laws it deemed appropriate veto any state laws it regarded as unfit If state failed its legal obligation national government use military force against it Tactical error Inflamed opposition New Jersey Plan Response to Virginia Plan Unicameral legislature benefits small states Each state has one vote Gave Congress authority to force states to comply with taxes Relaxation of majority standard Compromise Created House of Representatives and Senate 0 Enumerated powers Great Compromise adopted Executive Article II Hamilton early proponent of strong executive Distrust of executive power Weak model Strong model Wilsonian Model Veto Electoral College Method of Executive Selection IDEAS Let Congress choose Rejected too divisive open to unseemly political bargaining and corruption upset the balance of power between the two branches Have State legislatures decide Re39ected president would be too beholden to the states erode fe eral authority Direct popular vote Not sufficientinformation about candidates outside their state vote for favorite son no one would ever emerge With a popular majority Committee of 11 proposed an indirect election of the preSIdent through a College of Electors Judicial Branch Article III Spent little time on design Who would do the appointing Would lower courts be established Decided on method of selectionremoval as well as jurisdiction and tenure and that s about it No mention ofjudicial much more on this later Other Major Issues Sacrifice of Autonomy Foreign policy Interstate Commerce Bill of rights Slavery Issues Not Addressed Slavery Full scope of national power not spelled out No mention ofjudicial review No mention of cabinet Nothing about political parties Interest Groups or Bureaucracy Certain Rights Protected Habeas Corpus 0 Ex Post Facto Laws 0 Bill of Attainder Undemocratic Elements 0 Electoralcollege 0 Appointment ofjudges Senate election by legislature Amendment Process Articles required unanimous consent Small states wanted a large number of states to endorse an amendment Nationalists wanted consent from citizenry Compromise Been amended 27 times Many amendments proposed per year Ratification Required 9 states Federalists Anti Federalists Federalist 1051 78 Ratification 0 Delaware first to ratify and 9 months later New Hampshire ratified New York and Virginia ratified by narrow margins 0 Finally North Carolina and Rhode Island ratified in 1789 and 1790


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