2.

1
Article of Confederation
 Adopted by the Continental Congress on Nov 15, 1777
 In force on March 1, 1781
 Replaced by the Constitution on March 4, 1789
 Congressional Powers
o Borrow money from the people
o Settle disputes between states on state petition
o Enter into treaties and alliances
o Establish and control the armed forces, declare war, and make peace
o Create postal system, admiralty courts, create government departments, and regulate
Indian affairs
o Regulate coinage and set standards for weights and measure
 Weaknesses
o Cant regulate commerce
o Cant directly tax the people
o Cant compel states to pay their share of govt costs
o Lack power to enforce its law
o Could not enforce foreign treaties with the states and states entered into treaties
independent of Congress
o Cant draft soldiers
o Approval of 9 of 13 states needed to enact legislation
o Amendments to the Articles required the consent of all 13 states
o No permanent executive branch
o No permanent judicial branch
o Congress could not issue paper money and a single currency
2.2
The Pennsylvania Constitution
 Democratic yet tyranny because all power is given to the Assembly (no check and balances)
The Massachusetts Constitution
 Governor can veto legislative, life long judges
 Officials had to be property owner
 Shey's Rebellion
o MA unable to receive troops from congress
How to prevent human nature corruption and tyranny?
 Virginia Plan
o Stronger federal govt and favor Larger states
o Bicameral legislative
o Proportional representation based on population (adopted in the Representative)
o Elected to the Congress by the people
o Single executive branch chosen by legislative
o National judiciary chosen by the legislative
o National legislature to have supreme powers on all matters on which the separate states
were not competent to act and the power to veto state laws
 The New Jersey Plan
o Favored smaller states
 o Unicameral legislature
o Equal representation among states (adopted in the Senate)
o Elected to Congress by the states
o Plural executive chosen by the legislature
o National judiciary chosen by executive
o Congress to have powers strictly enumerated in the Articles of Confederation, the
power to regulate commerce, and limited power to tax
 The Great Compromise
o Bicameral legislature
o House apportioned by population and Senate apportioned equally among the states
o House elected by people and Senate elected by state legislatures
o Single executive chosen by the electoral college
o National judiciary chosen by the president with advice and consent of the Senate
o Broad enumerate powers; Congress has power to tax only in proportion to
representation in the House; all appropriations bills must originate in the House
2.3
Why Republic?
 Philosophy of republic
o A Republic is a govt in which elected representatives make the decisions
o Aristotle: Democracy is easy to be corrupted into oligarchy or tyranny
o John Locke: people can exist in a state of nature that w/ no rulers or society as long
as they have food and safety, and they agree to a govt in return of govt protection for
food and safety
o Judicial review: the power of supreme court to declare a law unconstitutional, as a
way of limiting the power of popular majorities
 Key Principles
o Federalism
o Federal govt has the enumerated power
o People and states have the reserved power
o Both federal and states have the concurrent power

o Separation of powers: sharing of

constitutional authority by multiple Prevent a
branches of government single
 government
o Checks and balances: constitutional
ability of multiple branches of
dominating
government to limit each other's power all branches

o Faction: a group with a distinct political

interest
Constitution
Judicial wise
 Guaranteed writ of habeas corpus: an order to produce an arrested person before
a judge
  No bill of attainder may be passed by Congress or the states: a law that declares a
person, without a trial, to be guilty of a crime
 No ex post facto law may be passed by the congress or the states: A law that
makes an act criminal even though the act was legal when it was committed

I. Congress

1. Can check the president in these ways:

(a)By refusing to pass a bill the president wants
(b)By passing a law over the president’s veto
(c)By using the impeachment powers to remove the president from office
(d)By refusing to approve a presidential appointment (Senate only)
(e)By refusing to ratify a treaty the president has signed (Senate only)

2. Can check the federal courts in these ways:

(a)By changing the number and jurisdiction of the lower courts
(b)By using the impeachment powers to remove a judge from office
(c)By refusing to approve a person nominated to be a judge (Senate only)
Amendment Process
II. The President

1. Can check Congress by vetoing a bill it has passed

2. Can check the federal courts by nominating judges

III. The Courts

1. Can check Congress by declaring a law unconstitutional

2. Can check the president by declaring his or her actions or the actions of his or her
subordinates unconstitutional or not authorized by law
The First Ten Amendments to the Constitution Grouped by Topic and Purpose

Protections afforded citizens to participate in the political process

Amendment 1: Freedom of religion, speech, press, and assembly; the right to petition the government.

Protections against arbitrary police and court action

Amendment 4: No unreasonable searches or seizures.

Amendment 5: Grand jury indictment required to prosecute a person for a serious crime; no “double jeopardy” (being tried twice for the same
offense); forcing a person to testify against him- or herself prohibited; no loss of life, liberty, or property without due process.

Amendment 6: Right to speedy, public, impartial trial with defense counsel and right to cross-examine witnesses.

Amendment 7: Jury trials in civil suits where value exceeds $20.

Amendment 8: No excessive bail or fines, no cruel and unusual punishments.

Protections of states’ rights and unnamed rights of people

Amendment 9: Unlisted rights are not necessarily denied.

Amendment 10: Powers not delegated to the United States or denied to states are reserved to the states.

Other Amendments

Amendment 2: Right to bear arms.

Amendment 3: Troops may not be quartered in homes in peacetime.

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