Anybody know who this dude is?

It’s John Hanson, the first president of the United States! (under the Articles of Confederation)

• SAY WHAAAT?!

The Articles of Confederation

• 1781-1789• Predated the constitution• Established a league of independent states,

rather than a nation– Emphasis on states’ rights

• Weak central government– Why would they create this?

Problems with the Articles of Confederation

• No executive to enforce acts of congress• No national court system• Amendments only with consent of all states• 9/13 majority to pass laws• Congress powerless to regulate foreign and

interstate commerce• One vote for each state, regardless of size

Problems with the Articles of Confederation

• No Taxes/Money• No army or navy• High Debts• Worthless Money– Led farmers to use barter instead of currency– Could not pay off their debts or taxes

• Shays’ Rebellion– Farmers rebelled as a result of losing their property

and facing jail time

Time for a rewrite!

• “The pen is mightier than the sword, if you dip the pen in poison and fling it from a distance…but really, you’re better off with the sword”– Ben Franklin, Poor Richard’s Almanac (first draft)

Influences on the Constitution

• Enlightenment era– Reason and individualism>tradition and superstition

• John Locke– “Father of Classical Liberalism”– Social Contract– All people are equal and independent in their natural

state– Right to “Life, liberty, and property”

• Secularism– Separation of church and state

Principles of the Constitution

• Popular Sovereignty- the people rule. The power of the government is based on the consent of the governed.

• Limited Government- the idea that government is not all powerful, but can only do what the people allow it to.

Principles of the Constitution• Separation of powers- the division of the government into

three separate branches: executive, legislative, and judicial.• Checks and Balances- A political system in which branches

of government have some authority over the actions of the other branches

• Federalism- the division of power between a central government and states– National level– State level– Local level

Basics of Constitutional Law

English Common Law

• Article IX of the Constitution tells us that the listing of some rights in the Constitution does not limit or deny other rights not specifically mentioned. So how do we determine if we DO have a particular right?

• Precedent: Any act, decision, or case that serves as a guide or justification for similar situations.– Look back at Korematsu v. United States. Which case

served as precedent here?

Judicial Review

• Established in Marbury V. Madison• Power of the court to examine the actions of

the legislative and executive branches of the government and to determine whether such actions are constitutional.