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We have covered all of the material in the course, and need to start our review to prepare for our exams and the CLEP, if you are taking it.  Let’s begin simply by looking at the structure of our government.

If you understand the Constitution, then you know about 50% of American Government.  You would know that the roots of the Constitution were based in part on the ideas of European philosophers, such as the Englishman John Locke’s concepts of natural rights (life, liberty and pursuit of happiness) and the social compact theory of government, which inspired the Declaration of Independence, and the French philosopher Montesquieu, who inspired the separation of powers.  You would know that the Constitution was drafted at the Constitutional Convention in the summer of 1787 in Philadephia, because the Articles of Confederation that governed the colonies since 1781 was did not create a strong enough federal government.

We are governed by “Rule of Law” rather than by a king or dictator.  The “law” is the [[Constitution]], and all federal laws applying it.   

You would know that the Articles of Confederation were a failure.  It lacked an Executive (e.g., President) and a Judiciary (e.g., Supreme Court).  It could not impose taxes, regulate commerce or raise an army.  Each state had one vote, and a unanimous vote of the states was required to amend it.  9 votes out of 13 was needed to do anything significant.  Simply put, the federal government had almost no power to do anything.

Recall the history of the Constitution: its roots were in the Declaration of Independence (1776), which drew upon English political philosopher John Locke’s concepts of natural rights (life, liberty and pursuit of happiness) and the social compact theory of government.  The states attempted to establish a federal government with the Articles of Confederation (approved in 1777, but not effective until 1781 because of its requirement that all states must ratify it).

The Constitution did create a strong federal government, and one that has grown in power continuously ever since.  The Constitution established a bicameral legislature through the Great Compromise (House and Senate).  It allowed continuation of slavery through the Three-Fifths Compromise, whereby slaves counted as 3/5th of a person for deciding how many representatives each state could send to the House.  Slave trade was allowed for 20 more years.

Opposition to the Constitution was strong at the time, by the Antifederalists who opposed a strong federal government.  Rhode Island opposed it until the very end because it wanted to retain its power to tax interstate commerce in its ports.  It did not ratify the Constitution until after George Washington had become president and Rhode Island feared economic isolation if it did not join.

 

 

Opposition to the Constitution was strong, by the Antifederalists who opposed a strong federal government.  Rhode Island opposed it until the very end because it wanted to retain its power to tax interstate commerce in its ports.  It did not ratify the Constitution until after George Washington had become president and Rhode Island feared economic isolation if it did not join.

The main attribute of the Constitution, perhaps the key to its success, is the system of checks and balances between the Legislative, Executive and Judicial branches.  Each protects its own “turf” and power, and that helps guard against tyranny.  When President Truman ordered a government seizure of the steel mills to end union strikes in 1952, the Supreme Court stepped in and stopped him.  Ponder how many other historical examples of “checks and balances” you know.

The main attribute of the Constitution, perhaps the key to its success, is the system of checks and balances between the Legislative, Executive and Judicial branches.  Each protects its own “turf” and power, and that helps guard against tyranny.  When President Truman ordered a government seizure of the steel mills to end union strikes in 1952, the Supreme Court stepped in and stopped him.  Ponder how many other historical examples of “checks and balances” you know.

Art. I - enumerates powers for Congress.

Art. I - enumerates powers for Congress.

Art. II - establishes the presidency and executive branch.

<br>Art. II - establishes the presidency and executive branch.

Art. III - establishes the Supreme Court and authorizes Congress to set up lower federal courts.

<br>Art. III - establishes the Supreme Court and authorizes Congress to set up lower federal courts.

Art. IV - requires full faith and credit between the states; requires them to have republican govts.

<br>Art. IV - requires full faith and credit between the states; requires them to have republican govts.

Art. V - amendments are by 2/3rd vote by Congress and 3/4 of states ratify, or by convention

<br>Art. V - amendments are by 2/3rd vote by Congress and 3/4 of states ratify, or by convention

Art. VI - federal law is supreme (Supremacy Clause)

<br>Art. VI - federal law is supreme (Supremacy Clause)

Art. VII - 9/13 of states are all that is needed to ratify, unlike Articles of Confederation

<br>Art. VII - 9/13 of states are all that is needed to ratify, unlike Articles of Confederation

Next came the Bill of Rights (Amendments 1-10), and subsequent amendments after that.  The Bill of Rights protect our liberties.  The other amendments promote democracy, refined procedures for presidential elections, enacted and rescinded Prohibition, and addressed other miscellaneous issues.  The Fourteenth Amendment and its limitations on the states is by far the most important outside of the Bill of Rights.

Next came the Bill of Rights (Amendments 1-10), and subsequent amendments after that.  The Bill of Rights protect our liberties.  The other amendments promote democracy, refined procedures for presidential elections, enacted and rescinded Prohibition, and addressed other miscellaneous issues.  The Fourteenth Amendment and its limitations on the states is by far the most important outside of the Bill of Rights.