The Constitution and the Founding
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Purpose of a Constitution?
The Articles of Confederation –
Adopted November, 1777
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Little more than a loose alliance between the
states
Specific Features
Articles of Confederation
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Other problems:
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Economic Conditions
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Political Conditions
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The Problem: How best to secure liberty?
How much power should government have?
Proposal One: The Virginia Plan
Proposal Two: The New Jersey Plan
The Great Compromise
Principles embodied in the Constitution
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Popular Consent
Rule of Law
Republicanism
National Supremacy (Supremacy Clause –
Article VI)
Federalism
Separation of powers
Checks and Balances
Examples of Checks & Balances
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Congress – How can Congress check the
powers of the other branches?
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President – How can the President check the
powers of the other two?
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Supreme Court – How can the Court check
the powers of the other two?
Background: James Madison and the “Federalist
Papers”
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Factions and the “tyranny of the majority”
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Solution:
Federalists versus Anti-federalists
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How is liberty best achieved?
Powers granted by the Constitution
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Delegated
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Reserved
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Implied
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Affirmed in McCulloch v. Maryland (1819)
Specific Limitations placed upon the
Federal Government
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Cannot suspend writ of habeus corpus
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Cannot pass a bill of attainder
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Cannot pass an ex post facto law
Changing the Constitution
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The Missouri Constitution
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1820
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1865
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1875
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1945
How Democratic is our Constitution?
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