constitution Flashcards
origins
o Gov’t through local communities
Growing sense of independence
1774 – first assertion of independence
1776 – declaration of independence
o 1781 – articles of confederation
First constitution
States had own autonomy
Congress with little power
o Revenue needed for defence
Threat of Philadelphia creating new congress
creating of constitution
o George Washington presided over meetings but played no role
o James madison + alexander hamilton the main driving force
o Founding fathers not directly elected
main influences on constitution
Social contract theory (hobbes)
Representation (locke)
Separation of powers
Federalism
fears of concentration of power
Separation of powers between legislature, executive, judiciary, congress
- had limits on democracy
Only lower house, house of reps, to be directly elected
* Electoral qualifications were determined by state legislators
Senators nominated by state legislators
President elected by electoral college
checks and balances
Both houses had to approve a bill but president can exercise veto
Senate + hous of rep’s could override veto
New Jersey plan
smaller states favoured state power + unicameral legislature
- jersey plan introduced to suggest a multi-person executive that could be removed by majority of states
- vote on compromise - House of rep’s on population basis and senate on equal rep’ of state basis
constitution still remaining conservative
o Influenced by the pessimism and fear of the founding fathers of this newfound freedom
o Constitution designed to give framework for a stable and limited political power + to stand test of time
amendments
12th - 1804 - to simplify election of electoral college
13th - assert federal power over states where slavery was legal
14th - imposing bill of rights on states
16th - power to introduce national income tax
powers of gov’t today
o Congress has forfeited a lot of its legislative power to president
o Gov’t has become larger + centralised in executive rather than legislative power
o Supreme court now has power to strike down actions of congress or states that are not in line with constitution
o Citizens right to free speech, assembly, religion e.t.c extended to apply to all states
o Congress + the courts still is independent of presidency + interest groups