EDWARD'S LECTURE NOTES:
More notes at http://tanguay.info/learntracker
C O U R S E 
Constitutional Law - The Structure of Government
Erwin Chemerinsky, University of California, Irvine
https://www.coursera.org/learn/chemerinsky-on-constitutional-law-structure-of-government
C O U R S E   L E C T U R E 
The Articles of Confederation
Notes taken on November 30, 2016 by Edward Tanguay
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historical background
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after the Revolutionary War, it was necessary to create a new government
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the Articles of Confederation were drafted among the states
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were deeply distrustful of having a strong national government
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they didn't want to give the national government any more power than necessary
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these were the states deciding what to do
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they wanted to be the unit of primary government in the United States
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there was a president
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John Hanson
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the first president of the Article of Confederation
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granted limited power to Congress
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no authority to impose taxes
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no authority to govern commerce between the states
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no federal judiciary or federal courts
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quite predictably in hindsight, they were a failure
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states began to develop trade wars, e.g. with taxes
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1787 The Constitutional Convention
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goal was the amend the Articles of Confederation
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gathered in Philadelphia
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decided not to pose amendments to the Articles of Confederation
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but to scrap them
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nothing was easily agreed upon
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United States Constitution
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size of states
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it is crucial to regard it as a compromise
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in fact, almost everything in it was a compromise
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the large states wanted to have representation in congress allocated based on population
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smaller states wanted to make sure every state had equal representation in congress
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this was resolved with the House and the Senate
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issue of slavery
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it was clear that the Southern states would not ratify a Constitution what did not protect the institution of slavery
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many Northerners viewed slavery as abhorrent, repugnant, immoral and unacceptable
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question: if you had been in Philadelphia in 1787, and they were a delegate to the Constitutional Convention, would they have ratified a document, would they have agreed to a document, that protected the institution of slavery?
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or would it have been more ethical for Northerners to have held their ground and agreed to have the colonies split into two or three separate countries?
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in any case, a compromise was reached
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the constitution protected the institution of slavery
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but the word slavery does not appear in the United States Constitution
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Article 1 Section 9 limits the powers of Congress
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could not ban the importation of individuals for 20 years
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Article V
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The Constitution cannot be amended to allow Congress to ban the importation of slaves for 20 years
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Article IV: The Fugitive Slave Clause
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if a slave escaped from a slave state into a free state, the person would have to be returned to its owner
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Article I of the Constitution
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representation and allocation of representatives
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based on the number of free persons and 3/5 of all others
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slaves were counted as 3/5 of a person
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from 1787 to 1865, slavery was a part of the United States society
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Constitution was approved by those who drafted it on September 17th, 1787
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they applied their signatures, then went home to argue for its ratification
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ratification of the Constitution
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anti-Federalists
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strongly opposed
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the Constitution was more about the structure of the government only, not human rights
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so many were concerned about the lack of a Bill of Rights
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passed by a very small margin e.g. in New York
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North Carolina and Rhode Island ratified it later
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the Articles of Confederation stated it could be changed only by unanimous consent of the States
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presidential election was held
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Congress was election
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John Jay was the first Chief Justice
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1789 Congress passed a judiciary act which created the lower federal courts
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the basis for the first major Supreme Court decision, Marbury vs. Madison
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helped define the boundary between the constitutionally separate executive and judicial branches