Democracy Under Pressure

1
Democracy Under Pressure

• Chapter 2
• Constitutional Framework

2
Constitutional Framework

• The Constitution established the basic structure
  of American Government and is a written set of
  rules to control the conduct of government.
• The Declaration of Independence and the
  Constitution are the two most important political
  documents for the United States.

3
Constitutional Framework

• Founding Fathers influence by events of their
  times
• Jefferson wrote the draft of the Declaration of
  Independence.
• Jefferson was influenced by the British
  philosopher John Lockes theory of Natural
  Rights.
• Natural Rights rejected the Divine Right of Kings
  theory which supported monarchy.

4
Constitutional Framework

• Growing sense of Injury
• Colonists believed their rights as Englishmen
  were not being respected.
• Articles of Confederation the written framework
  for the government of the 13 original states. It
  was ratified in March, 1781.
• A Confederation is a group of independent states
  or nations that come together for a common
  purpose and whose central authority is limited to
  defense and foreign relations.

5
Constitutional Framework

• Articles of Confederation
• A league of friendship.
• No executive branch it lacked the power to levy
  taxes or regulate commerce.
• Congress was unicameral.
• Each state had only one vote.
• Important decisions required nine (9) votes
• There was no national system of courts

6
Constitutional Framework

• Articles of Confederation
• Economic depression, fears of foreign
  intervention, and Shays rebellion created
  pressure for a new national government.
• The Philadelphia Convention met on May 14, 1787
  to revise the Articles but ended up creating a
  new constitution.
• Two basic factions
• Federalists for a strong federal government.
• Antifederalists for states rights.

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Constitutional Framework

• New (current) Constitutions created
• The federal system a system of government
  characterized by a constitutional sharing of
  power between a national government and regional
  units of government. Also known as federalism.
• Federal Government includes three branches of
  government
• Legislative makes the laws
• Executive enforces the laws
• Judicial interprets the laws

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Constitutional Framework

• Separation of Powers The principle that each of
  the three branches of government is
  constitutionally equal to and independent of the
  others
• Checks and Balances the provisions of the
  Constitution that divide power among three
  constitutionally equal and independent branches
  of government legislative, executive, and
  judicial in hopes of preventing any single
  branch from becoming too powerful.

9
Constitutional Framework

• Judicial Review The power of the Supreme Court
  to declare acts of Congress or actions by the
  executive branchlaws and actions at any level
  of local, state, and federal governmentunconstitu
  tional.
• Supremacy Clause Article VI, Paragraph 2, of
  the Constitution which declares that the
  Constitution, and the laws and treaties of the
  United States made under it, are the supreme Law
  of the Land and prevail over any conflicting
  state constitutions or laws.

10
Constitutional Framework

• Bill of Rights are the first ten (10)
  amendments to the constitution, which set forth
  basic protections for individuals. Ratified in
  1791.
• Amendments allow for the Constitution to meet
  the changing needs of society.
• As of today there are 27 amendments.