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The compromises made between Federalists and Anti-Federalists to form a
Constitution
Both sides needed to work together to form this Constitution, and the
Federalist papers were meant to build a framework amicable to
Republicans.
Commonalities between the two sides
- Republicanism
- All founders wanted to protect personal liberty from gov
- "Science of politics": a more perfect union
- The role of interests and factions
- Public opinion and consent of the governed
- The desire for happiness: meant "property"
- The founders were landowners
- Personal property to the general public
Constitution ratified by 9 states in 1788
- Bill of rights is a compromise
- Federalists didn't want Bill of Rights
- Wanted constitution to be about structure of institutions,
which were supposed to make laws corresponding to rights
- Anti-federalists did
- Originally only applied to national government (states were free
to infringe)
- 12 original, 10 ratified. The two unratified
- Reapportionment (populations for areas) returns as legislation
- 27th amendment in 1992: Congressional pay, etc
Amendments
- One of the most difficult processes
- Two formal ways to propose amendments
- A 2/3 vote in each chamber of Congress
- Nationwide convention (never used)
- Called by Congress at request of state legislature
- State representatives vote towards the amendment
- Also requires 2/3
- Two ways to ratify
- Positive vote in 3/4 of state legislatures
- Time limit to vote on amendment
- Special Convention (used once)
- States send delegates
- Faster
- Divisive issues being proposed means that amendments haven't happened
Government Under the Constitution
- Confederal system ruled out by AoC
- Unitary system would be national giving out power to subnationals
- Federal system sets more concrete national/subnational bounds.
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