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POS3064WeekTwoLectureSlides.pptx

The Founding of America:

The Articles of Confederation

&

The United States Constitution

What is a Constitution?

A constitution legally establishes government authority.

Three Essential Elements:

The Function of Government

The Structure of Government

The Procedures of Government

The Articles of Confederation:

A “League of Friendship”

The central government would be unicameral:

Each state would have one vote

Congress would have very limited power

The states would have supremacy within their territory.

No Executive Branch

Effectiveness?

Problems with The Articles of Confederation:

The central government had no power to tax.

States were free to tax the goods of other states.

Each state produced its own currency.

Civil disorder

A Document of Compromise:

Agreement:

Social Contract

Representative Government

Limited Government

Federalism

Disagreement:

Representation:

Virginia Plan

New Jersey Plan

Connecticut Compromise

Voter Qualifications

Slavery

The Structure of Government:

Separation of Powers

Legislative

Executive

Judicial

Checks & Balances

Congress over Congress

President over Congress

Congress over the President

The Courts

Marbury v. Madison

The Constitutional Design:

The National Supremacy Clause

Delegated Powers & Implied Powers

Concurrent & Reserved Powers

Powers Denied to the States

Powers Denied to both the States and the Federal Government

Ratification:

The Political Debate

Federalist Papers

Bill of Rights

Changing the Constitution:

Amendments

Proposing Amendments:

2/3s of both the House and Senate must to approve amending the Constitution

OR

A national convention must be held in which 2/3s of the states call for an amendment

Ratifying Amendments:

3/4ths of the state legislatures must approve

OR

3/4ths of the states must approve through ratifying convention

Judicial Interpretation

Amendment Ratification:

18th Amendment

Section 1.

After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.

Section 2.

The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.

Section 3.

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

21st Amendment

Section 1.

The Eighteenth article of amendment to the Constitution of the United States is hereby repealed.

Section 2.

The transportation or importation into any State, Territory, or Possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.

Section 3.

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.