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| | This final lecture is a good place to include some review. The United States is governed by “Rule of Law” rather than by a king or dictator. The “law” is the [[Constitution]], and all federal laws applying it. | | This final lecture is a good place to include some review. The United States is governed by “Rule of Law” rather than by a king or dictator. The “law” is the [[Constitution]], and all federal laws applying it. |
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| − | 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. | + | 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 Philadelphia, because the Articles of Confederation that governed the colonies since 1781 did not create a strong enough federal government. |
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| − | You would know that the Articles of Confederation were a failure. It lacked an Executive (e.g., a president) and a Judiciary (e.g., the 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. | + | You would know that the Articles of Confederation were a failure. It lacked an Executive (e.g., a president) and a Judiciary (e.g., the 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 under the Articles of Confederation. |
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| − | 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. | + | The U.S. Constitution then created 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. |
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| | 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 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. |
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| − | 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 its 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. |
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| − | The Constitution has other remarkable features. Even before the Bill of Rights, the Constitution protected trial by jury and the right of an imprisoned person to force the government to explain why he is being detained (writ of habeas corpus). No religious tests are allowed for public office. Nobility is prohibited in all its forms. Laws passed to punish prior activity (ex post facto law) or to declare an individual guilty (bill of attainder) are also prohibited. | + | The Constitution has other remarkable features. Even before the Bill of Rights, the Constitution protected trial by jury and the right of an imprisoned person to force the government to explain why he is being detained (writ of habeas corpus). No religious tests are allowed for public office. Nobility is prohibited in all its forms. Laws passed to punish prior activity (an ex post facto law) or to declare an individual guilty (a bill of attainder) are also prohibited. |
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| | It is important to know the purpose of each Article in the Constitution. Here’s a quick review: | | It is important to know the purpose of each Article in the Constitution. Here’s a quick review: |
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| | <br>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. |
| | <br>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. |
| − | <br>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 to ratify, or by a constitutional convention (which has never occurred) |
| | <br>Art. VI - federal law is supreme (Supremacy Clause) | | <br>Art. VI - federal law is supreme (Supremacy Clause) |
| − | <br>Art. VII - 9/13 of states are all that is needed to ratify the U.S. Constitutionn, unlike the unanimity required by the Articles of Confederation | + | <br>Art. VII - 9/13 of colonies was all that was needed to ratify the U.S. Constitution, unlike the unanimity required by the Articles of Confederation |
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| − | 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. |
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| − | There are 17 additional amendments beyond the Bill of Rights, or a total o 27 amendments overall. The most important of the additional amendments are: | + | There are 17 additional Amendments beyond the Bill of Rights, for a total of 27 Amendments overall. The most important of the additional Amendments are: |
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| | '''Civil War Amendments''' (13th-15th): | | '''Civil War Amendments''' (13th-15th): |
| − | *13th Amendment abolished slavery | + | *13th Amendment abolishes slavery |
| − | *14th Amendment limits the power of states, incorporates the Bill of Rights against them, and grants Americans rights of due process and equal protection | + | *14th Amendment limits the power of States, incorporates the Bill of Rights against them, and grants Americans rights of due process and equal protection |
| | *15th Amendment prohibits discrimination against voting based on race, and led to the Voting Rights Act of 1965 (which prohibits "literacy tests" as a condition of voting) | | *15th Amendment prohibits discrimination against voting based on race, and led to the Voting Rights Act of 1965 (which prohibits "literacy tests" as a condition of voting) |
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| | '''Progressive Era Amendments''' (16th-21th, important ones listed below): | | '''Progressive Era Amendments''' (16th-21th, important ones listed below): |
| − | *16th Amendment authorized the federal (national) income tax | + | *16th Amendment authorizes the federal (national) income tax |
| − | *17th Amendment provided for the direct election of U.S. Senators by the people, rather than by state legislatures | + | *17th Amendment provides for the direct election of U.S. Senators by the people, rather than by state legislatures |
| − | *18th Amendment prohibited the sale of alcohol (this was repealed by the 21st Amendment) | + | *18th Amendment prohibits the sale of alcohol (this was repealed by the 21st Amendment) |
| | *19th Amendment extends the right to vote to women | | *19th Amendment extends the right to vote to women |
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| | '''Post-World War II Amendments''' (22nd-27th, important ones listed below): | | '''Post-World War II Amendments''' (22nd-27th, important ones listed below): |
| − | *22nd Amendment imposed a "term limit" of two full terms on presidents | + | *22nd Amendment imposes a "term limit" of two full terms on presidents |
| − | *24th Amendment prohibits requirement payment of a "poll tax" as a condition of being able to vote | + | *24th Amendment prohibits requiring payment of a "poll tax" as a condition of being able to vote |
| | *26th Amendment extends the right to vote to those as young as 18 years old | | *26th Amendment extends the right to vote to those as young as 18 years old |
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