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Key Points
The Constitution supersedes ordinary law even laws supported by the majority.
The Constitution: guarantees individual rights decentralizes governmental power
Role of the U. S. Constitution: Forms the basis for nations basic law Creates political institutions Assigns and divides power Creates Guarantees for citizens Sets rules for politics
Origin of the U. S. Constitution John Locke Natural rights-rights inherent in human beings not dependent on government Natural law- natural right life, liberty and property Natural law is superior to human law Therefore, government must be built with the consent of the governed Therefore, government should be limited Locke said the sole purpose of government is to protect property According to Locke the two limits on government that are important are: Government must provide standing laws in order to give citizens notice Supreme power can't take property with out the consent of owner. Preservation of property is the end of government Jefferson v. Locke "self-evident" = natural law "endowed by Creator" "Certain inalienable rights" government's purpose is to secure these rights if government doesn't people have the right to form a new government
Continental Congress Voluntary organization of states 1776 Congress appointed committee to draw up a plan for permanent union of states. The plan = the Articles of Confederation
Articles of Confederation Establish government dominated by the states States themselves were sovereign Established a national legislature
Because of fear of strong centralized government There was one house of congress Each state had one vote There was no president There was no supreme court The power of congress was limited Most authority rested with the states
Articles of Confederation were adopted in 1777 and became effective 1781. Unanimous consent of the states was necessary to ratify Maryland was the last to ratify
The origin of the U.S. Constitution Representatives of only 12 sates met in Philadelphia for a Constitutional Convention Rhode Island was not present Met for the sole purpose of revising the Articles of Confederation which were considered weak Since unanimity was required, representatives knew accomplishing amending the articles was not possible, so they ignored their instructions and wrote a new Constitution Totally unauthorized - totally rebellious act
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