THE US CONSTITUTION

What is a constitution? : A country constitution is the whole body of rules that governs and shapes the distribution of authority within the political system.

I Nature and status of the constitution in the US (society / institution)

Constitution = central in the construction of political and cultural identity (Obama swore on the Bible; the Pledge of Allegiance ), it is the founding text. Like the Bible, the constitution ought to be read again and again F.D Roosevelt - The constitution is based on faith / Interpretation (Strict or Loose) / Democracy Branches of power: Executive (president), Judicial (proposes + votes laws) and Legislative (applies laws)

Exec.

Leg.

Jud.

II Historical Origins
1) Colonial America to independence 3 factors : - Geographical : Huge amount of liberty for colonies because the kingdom is far away North : fishery, agriculture, cereals, puritans, small economy South : cashcrops (sugar, cotton, tobacco) rich people to open them / Identured servants (poor people from England who offered 7 years of work for a ticket) - Religion : God chose the King (Anglicanism), visions of the Bible Absolute monarchy: God -> K/Q -> Officials -> Subjects Democracy : Central gvt <- Officials <- Citizens

- Social Contract : MayFlower (1620) compact (signing contracts about behavior as individuals), entire villages are crossing the Atlantic in order to build a society. Important for both N&S.

2) The Stages leading to the constitution (1787) a . The Declaration of Independence (1776, 4th July) -Monopolies : charter company (given by the K) -Taxes (No taxation without representing), people in the colonies pay much more taxes and cant vote, cant be represented as an entity. Colonies already organized (economy, religion, social) when they feel the need to separate from the political bands (complete separation of monarchy) 2nd paragraph (page 9) -> importance of citizens decision, opinion. => Monarchy seen as a tyranny Each colony becomes an independent sovereign state : has its own constitution (common founding ideas & careful separation of powers) ; huge importance to the legislative branche, democracy (all FREE men can participate), can change the constitution by amendments. b . The Articles of Confederation (1777) Continental Congress (leg branche of confederation) -Simple Confed = a loose form of political association no jud, no exec -> no power to tax, to make money, to raise an army = limited power. -Eco pbm no commercial cohesion, each state in competition (between them and with Europe) - war debt, Congress asked for money to France but could not pay back. Pbm about dividing the debt between the 13 states. - Political problem = Shays rebellion (1786 1787) in Massachusetts but quickly stopped by the militia. 3) The Drafting of the Constitution (may sept 1787) Philadelphia meeting to rewrite the Articles of Confederation. But some of them meet in secret (founding fathers) to write a Federal Constitution. - ideas, politics : Fed (A. Hamilton) / Anti-Fed (T. Jefferson) Both want a gvt with institution checks, strong leg assembly, separation of powers. Fed Gvt => efficiency, strength, stability; create a system which would help industrialization; fear anarchy and rebellion. Anti-Fed Fear tyranny; want a strong leader; not much powers; fear of losing unity in each state. T. Jefferson, his utopia = agriculture because if everybody was a farmer, there would be no revolution (a farmer has his own land so would defend it by voting or getting in democracy.

-Common Values : Both want republican values (evbd must be allowed to vote); no inherited power or title; protection of personal freedom. -Historical Origins : John Locke Natural Rights, Social Contract Sep leg and exec. 1748 Montesquieu- Create a 3rd branch (jud) and divide leg in 2 parts (tradi / modern) -Compromises : Great Compromise- leg = Congress (Senate 1 state = 2 senators / House of representatives. Ex : Wyoming : 1 reptv, 2 senators ; California : 46 reptv, 2 senators. 3/5th Comp : N want to tax slaves but dont want them to vote because theyre not citizens => 1 slave = 3/5th citizen. The Trade Comp : N in competition with Europe, want protection of market, S want an open market => federal regulation. Presidency Comp : Power game between states. Ratification compromise II The principles in/of the Constitution To ratify, compromises needed. Equality = human bot not citizens no position on slavery 1) Bill of Rights (1791) Ten 1st amendments -> Give away powers given by the articles of the constitution. Wanted by Anti-Fed to ratify the constitution. 2) Two Diverging theories Sup Court dont judge people bus cases and laws -> Supreme law of the land/ Popular sovereignty N = All people are equal citizens S = Segregation (ex : Is it legal to send a mentally retarded to death ?) 3) Separation of powers / Checks and Balances Legitimacy based on direct elections. 3 branches clearly separated. Another conflict = C&B (a system can check the other system) -> If no cooperation, system is paralyzed. 3 levels of pop vote. 4) State gvt Vs Fed gvt Vs National gvt State : Reserved pow Fed : Concurrent pow National : Central gvt (delegated pow) Senate rep State gvt. State and Fed separation never clearly stated.

5) Political power Fed State Local Jud Exec Leg Local = Districts/Counties/Town -> Doesnt have pow. 6) Minority Vs Majority (Art II) Min = Psdt

Maj = Congress Pow given to a min against maj. 7) Changing the Constitution Directly Congress 2/3 of each house can vote amendments can call for national convention. In Fed agencies (chosen by psdt). 8) Points of Divergence Opposition Constitution based on : Balance Vs Tensions Permanence Vs Evolution (Text doesnt change) Rights of people Vs Pow of central gvt Centralization Vs Local gvt Constitution Vs Bill of Rights Original intent Vs Pst day