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POLS 206 (71)


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Political Science
POLS 206
Jason Smith

Critical Issues at the Convention • Economic Issues ◦ Forefront of the constitutional convention ◦ Constitution is a democratic document until the amendments and bill of rights are added ◦ Beginning of the federalist vs the antifederalists ◦ There is no national economy!! ◦ It is decided that congress will be the center of the government ◦ President can't do much regarding the economy, congress is center of policy making ◦ Powers of congress were strengthened (Keys actions taken), given power to punish counter fitters, powers of state were limited ◦ Article 1 section 8 of constitution- 18 clauses are listed 17 of them are related to congress, third clause is commerce clause ◦ Commerce clause- only congress can regulate interstate commerce, goes state to state congress national government controls it, has being used to increase power of national government over the states • The Individual Rights Issues ◦ Writ of habeas corpus- has to be evidence to charge you in a crime, for them to hold you as well, can suspend in exceptional cases of rebellion and insurrection, suspended during civil war by lincoln last time it was suspended ◦ Bills of attainder- you cannot be punished without judicial trial, have to have a trial unless you get a plea bargain, due process etc ◦ Ex post facto laws- after the fact, if you commit a crime before a law is made then you cannot get in trouble after it is made a crime, goes with sentence as well, if they change sentencing laws they would not apply to you ◦ Many argued this didn't go far enough ◦ Upset antifederalist ◦ All of the above was written in the articles of the constitution ◦ Bill of rights is a compromise ◦ ^^^^^^Not written in philadelphia during constitutional convention The Madisonian System • Madison was an intellectual giant, one of the smartest founding fathers, montisque's writings influenced him • Thwarting Tyranny of the Majority ◦ founding fathers didn't think citizens could make educated decisions on the government ◦ Fathers didn't make a democracy, they made a republic, didn't think very highly on democracy ◦ Separation of powers- branches independent so no branch could control others, shared amongst the three branches, ◦ Creates checks and balances so each branch needs consent ■ Congress makes laws ■ President has to sign the law, or can veto it ■ Congress can overturn the veto ■ Congress can impeach and remove a president ■ The courts can check both congress and president by deeming their actions unconstitutional, judicial review ■ Federalist system- federalism divide power between national and state governments • Constitutional Republic ◦ our country and population is too large to have a direct democracy so we have a republic ◦ Republic- people select representatives to govern and make la
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