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Date Created: 08/25/14
POS 2041 LECTURE NOTES The Constitution Collective Action Problems Prima Goals of a Social Contract 3 a Establish a coercive force in society to enforce public order and resolve disputes b Governments expend resources that must come from the society at large so they must have a revenue generating element c Legitimate governments depend upon tacit consent so the general welfare of the people is important to its survival i A functioning economic system is crucial to maintain order Articles of Confederation The Structure of the Articles d Unicameral Congress i Each state would send a delegation of 2 to 7 representatives ii They would vote as a block e Committee of the States i 1 delegate from each state to sit during recess of Congress f President of the Congress i Would be elected from among the delegates g Treasury i A common treasury to support a military ii Funded by the states iii No common currency iv No independent power of taxation h Economic Obligations i Committed the United States to pay all war debts ii No regulation of commerce among states iii The State of the Union Shays Rebellion I Shays Rebellion MA j Aug Feb 1787 k Economic crisis I Farmers were being thrown in jail for bankruptcy m Petitioned the state i paper currency ii lower taxes iii judicial reform n Poignant example of the lack of national authority o New England Merchants i Security ii Enforcement of obligationstrade p Southern Planters i Slavery legalized ii Low tariffs trade 0 ME i Security ii Property rights continue to be enforced r Shopkeepers Artisans and Laborers i Currency and debt obligations enforced s Small FarmersLaborers i Debt reliefsocial security The Constitutional Convention t May 1787 Philadelphia u Following the Annapolis Convention delegates meet to strengthen the Articles of Confederation v Key Players i James Madison Federalist Papers VA Plan Thomas Jefferson in Paris Gouverneur Morris James Wilson William Patterson NJ plan George Mason Ben Franklin amp Alexander Hamilton w End up writing a completely new document x The Founders Competing Factions i Federalists vs Anti Federaists y Charles Beard s 1913 Economic Interpretation 2 War Debt i Most of the delegates held this debt ii It was almost worthless 1 Trading and speculation taking place iii The Constitution eventually paid it off in full aa Land Rights i Speculation on property rights to Western lands ii The new national government ensured these land rights were of value bb The Virginia Plan National Authority i Bicameral Legislature ii Lower house elected by the people iii Upper house elected by the lower house iv Power to negate state laws cc Executive i Elected by the Legislature ii Established executive enforcement power dd Judiciary i Established a Supreme Tribunal ii Life tenure forjudges iii Council of Revision 1 Comprised of the Executive and Judiciary 2 Would review legislation before it was enacted ee The New Jersey Plan States Rights i Unicameral Legislature 1 Each state having one vote 2 Added the powers of taxation and regulation of commerce 3 Included 35 provision 4 Executive 5 Elected by the Congress 6 Appointment and Military powers 7 Majority of state governors could petition for removal 8 Limited to one term ff Federal Judiciary i Established a Supreme Tribunal ii Judges to have life tenure iii Handle impeachment proceedings 2 Article I Bicameral Legislature a House based upon and elected by state population i 35 Compromise b 2 Senators elected by state legislatures 3 Article II Executive a Electoral College 4 Article III Judiciary a Established a Supreme Court b Life tenure 5 Distribution of Powers a Checks and Balances b Other Important Items i The Public Debt 1 Article VI debt transfer ii Supremacy Clause 1 National law is the supreme law of the land iii Commerce Clause 1 Regulate international interstate commerce iv Expressed Powers 1 Granted only enumerated powers v Necessary and Proper Clause elastic clause 1 Gave Congress ability to expand their powers c Rights Reserved to the People 6 Article I a Habeas Corpus b Bill of Attainder c Ex Post Facto d Article III e Jury trials 7 Article IV a Privileges and Immunities 8 A Semi Fexibe Document a 23 House and Senate 34 State Legislatures b 23 House and Senate 34 States in Conventions c The Unused Option i A National Convention called by petition of 23 of the States ii Ratified by 34 States via Legislature or Conventions
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