The Constitution

1
The Constitution

• Chapter 2

2
On the Menu

• Constitutions, Who cares?
• The Social and Political Context of the founding
  debate.
• Federalists v. Anti- Federalists
• Contending plans and compromise

3
Constitutions

• What are they?
• What do they do?
• Are they a necessity?
• Why?

4
The Origins of a New Nation

• Colonists came to the New World during the 1600s
  for a variety of reasons including
• to escape religious persecution
• find plentiful land
• and to seek a new start in life.
• The colonists were allowed significant liberties
  in terms of self-government, religious practices,
  and economic organization.

5
Trade and Taxation

• The British followed a national policy of
  mercantilism.
• The colonists were outraged. Violent protests
  began.
• The Sons of Liberty were organized by Samuel
  Adams and Patrick Henry to act out against the
  Crown.

6
The First Continental Congress

• The Continental Congress met in Philadelphia in
  September and October 1774.
• They were not yet thinking of open rebellion.
• They called for colonial rights of petition and
  assembly, trial by peers, freedom from a standing
  army, and the selection of representative
  councils to levy taxes.

7
The Second Continental Congress

• King George refused the demands of the
  Continental Congress.
• Thus the Second Continental Congress convened on
  May 10, 1775, and were united in their hostility
  toward Britain.
• King George sent 20,000 more troops and the
  Revolutionary War had begun.

8
The Declaration of Independence

• On July 2, 1776 the colonies voted for
  independence (except New York which abstained).
• On July 4, 1776 the Congress adopted the
  Declaration of Independence penned by Thomas
  Jefferson.
• The philosophies that shaped the Declaration of
  Independence formed the theoretical basis for the
  new government.

9
The Foundations of the Declaration

• What does the Declaration do?
• Establishes a theoretical justification for
  revolt
• We hold these truths to be self-evident, that all
  men are created equal and endowed with certain
  inalienable rights.
• Such as life, liberty, and happiness.
• Sounds very much like Locke
• Offers a laundry list of abuses by the King.

10
We Won, Now What?

• What sort of Government should the new nation
  have?
• Three possibilities
• Unitary the sovereignty surrendered by the
  people was vested in single, national government.
• Federation the sovereignty surrendered by the
  people was vested separately in state and
  national governments.
• Confederation the sovereignty surrendered by
  the people was vested in state governments which
  could then create an organization to manage the
  affairs of the nation.

11
The Articles of Confederation

• The colonists wanted a constitution--a written
  document that defines rights and obligations and
  puts limits on government.
• The colonists created a loose league of
  friendship under "The Articles of Confederation.
• The Articles were created predominantly as
  reaction to the unitary system used in Britain in
  which all of the power and sovereignty is vested
  in the central government.

12
The Articles of Confederation

• The Articles were created in 1781 to better to
  secure and perpetuate mutual friendship and
  intercourse among the people of the different
  States in this Union
• The Articles created a Congress composed of a
  Unicameral body with each state having one vote.
• The Articles did not create either a separate
  judiciary, or executive branch.

13
Problems Under the Articles of Confederation

• The Congress of the United States was empowered
  to coin money had no power to tax. States coined
  their own money and trade wars erupted.
• Congress had no power to regulate commerce among
  the states or ensure a unified monetary system.
• States conducted foreign relations without regard
  to neighboring states' needs or wants. Duties,
  tariffs, and taxes on trade proliferated with
  different ones in each state.
• Under the Articles the Congress had trouble
  getting a quorum of nine states to conduct
  business. Even when quorum was made, the states
  did nothing but bicker.

14
Failure of the Articles

• The economy began to deteriorate. Several years
  of bad harvests ensued. Farmers went into
  ever-deeper debt.
• Many leaders worried about questions of defense,
  trade, and frontier expansion.
• Under the Articles, the central government was
  not strong enough to cope with these problems.
• By 1786, several states had called for a
  convention to discuss ways of strengthening the
  national government.

15
Daniel Shays Rebellion

• Before that convention could meet, unrest broke
  out in America. In Massachusetts, banks were
  foreclosing on farms and the Massachusetts
  legislature enacted a new law requiring all debts
  be paid in cash.
• Daniel Shays, a Revolutionary War veteran, was
  outraged and frustrated with the new law and the
  huge debt burden of farmers.
• Shays led a group of 1500 armed and disgruntled
  farmers to the capital, Springfield. They
  forcibly prevented the state court from
  foreclosing on their farms.

16
Shays Rebellion

• Congress authorized the Secretary of War to call
  up a national militia to respond and appropriated
  530,000 for the purpose. Every state except
  Virginia refused.
• Finally, a private army put down Shays'
  Rebellion.
• This failure of Congress to protect the citizens
  and property of Americans was a glaring example
  of the weakness of the Articles.

17
Context of the Founding Debate

• Forces working for and against national
  government
• Diversity, conflicting interests (-/)
• Suspicion of strong government (-)
• Bad experiences under Articles of
  Confederation(1781-1789)

18
Federalists vs. Anti-Federalists

• Common ground
• Necessity of government
• Differed regarding
• Size of Republic
• The adequacy of checks and balances
• The role of Representation

19
Federalists vs. Anti-Federalists

• Anti-Federalist position
• The people are virtuous
• The best form of govt. is one that is closest
  to the people.
• Small republic(s) (or states) should be the loci
  of power.
• Federalist Position

20
The Virginia and New Jersey Plans

• The Virginia Plan proposed that sovereignty be
  vested in the people and not the states.
• Bicameral Legislature selected by the people of
  states.
• State representation in legislature determined by
  population.
• The New Jersey Plan would have primarily
  strengthened the Articles by giving Congress the
  ability to raise revenues and would have kept a
  unicameral legislature chosen by state
  legislatures.

21
The Great Compromise

• Connecticut offered a compromise taking elements
  of each plan.
• The legislature would be bicameral with
  representation in the lower house (House of
  Representatives)based on population and
  representation in the upper house (Senate) based
  on equal representation for the states.
• Both houses had to pass all legislation so both
  small and large states were satisfied.

22
The Basic Principles of the U.S. Constitution

• Federalism - power is divided among the states
  and the national government.
• Separation of Powers power was divided
  vertically through federalism and horizontally
  through separation of powers among the three
  branches of government.
• Checks and Balances - The power of each branch of
  government is checked or limited and balanced by
  powers held by other branches.

23
The Basic Principles of the U.S.
Constitution-Cont.

• The Supremacy Clause - Article VI says that
  federal law is supreme. So if the states and
  federal government argue, the feds win.

24
The Articles of the Constitution

• Article I - establishes the legislative branch.
• Article II - establishes the executive branch
  headed by the president.
• Article III - establishes the judicial branch.
• Articles IV establishes the "full faith and
  credit clause" that mandates that states honor
  the laws and proceedings of another state.
• Articles IV through VII - also include rules on
  the admission of new states to the union, how
  amendments can be added to the Constitution,
  prohibits religious tests for holding office, and
  set out procedures for the ratification of the
  document.

25
Article I

• Section 1 all legislative powers granted to a
  bi-cameral congress
• Section 2. The House
• Apportioned by population
• The 3/5ths compromise racism or power politics
• Two year terms

26
Article I

• Section 3 The Senate
• Apportioned by state (2 members per state)
• Selected by state legislatures
• 6 year staggered terms (continuing body)
• Section 4 Election processes defined by state
  legislatures
• Section 7 Bills for raising revenue originate
  in the House

27
Article I

• Section 8 Enumerated powers
• Taxation, coin money, regulate commerce, create a
  post office, raise armies, declare war, etc.
• Section 8 The Necessary and Proper clause (aka
  The elastic clause)
• Congress is given the power to make all laws
  necessary and proper for carrying into execution
  the foregoing powers.
• Creates a set of IMPLIED powers.

28
Article I

• Section 8 The Necessary and Proper clause (aka
  The elastic clause)
• Congress is given the power to make all laws
  necessary and proper for carrying into execution
  the foregoing powers.
• Creates a set of IMPLIED powers.
• Perhaps the most controversial clause in the
  Constitution.

29
Article I

• Section 9 Restrictions on the National
  Government
• No suspension of habeas corpus, bills of
  attainder, interstate tariffs, ect.
• Section 10 Restrictions on the States

30
Article II The Executive Branch

• Section 1 Qualifications and selection
• Selection via the electoral college.
• Each state alloted a number of electors equal to
  its representation in Congress
• Section 2 Enumerate powers
• CIC
• Pardons
• Appointments and treaties
• Section 3 he shall take care that the laws be
  faithfully executed.

31
Article III The Judicial Branch

• Section 1 Creates a Supreme Court and gives
  Congress the power to create the lower federal
  courts.
• Judges hold office during good behavior.
• Section 2 The Courts Jurisdiction
• What sorts of cases can the courts hear?
• Who controls the courts jurisdiction? CONGRESS.

32
(No Transcript)
33
Article IV

• Section 1. The Full Faith and Credit Clause.
• Must all states honor another states same sex
  marriages?
• Section 4. The Republican Guarantee Clause.

34
Article VI

• Paragraph 2 The Supremacy Clause
• Paragraph 3 the Oath or Affirmation Clause.
  (prohibits any religious tests to hold office.

35
The Bill of Rights

• Protection for the people or payment on a
  political debt?
• Several states were concerned that the new
  constitution gave too much power to the national
  government.
• To calm their fears the federalists offered to
  propose a series of amendments to limit the
  powers of the national government after
  ratification was completed.
• 12 amendments were proposed after the
  ratification of the constitution
• 10 of the 12 passed, were ratified, and became
  the part of the Constitution known as the Bill of
  Rights.

36
Methods of Amending theU.S. Constitution

• Formal Method
• Article V creates a two-stage process for
  amending the Constitution proposal and
  ratification.
• An amendment can be proposed by two-thirds of
  both houses of Congress or
• by two-thirds of state legislatures requesting
  Congress to call a national convention to propose
  amendments.
• An amendment can be ratified by a favorable vote
  in three-fourths of all state legislatures or by
  such a vote in specially called ratifying
  conventions called in three-fourths of the
  states.
• Informal Method The Constitution also changes
  informally through judicial interpretation and
  through cultural and social change.

37
(No Transcript)