THE CONSTITUTION

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THE CONSTITUTION
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The purpose of this chapter is to introduce you
to the historical context within which the
United States Constitution was written.
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THEME A THE POLITICAL PHILOSOPHY OF THE
FOUNDERS Feared a strong government AND the
majority Natural Rights. - Life, liberty and
property
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The "real" revolution

• The "real" revolution was the radical change in
  belief about what made authority legitimate and
  liberties secure.
• Government by consent, not by prerogative
• Direct grant of power written constitution
• Human liberty before government
• Legislature superior to executive branch

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THEME B THE CONSTITUTIONAL CONVENTION The
Weakness of the Articles of Confederation The
Virginia Plan The New Jersey Plan The Great
Compromise
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The Constitutional Convention

• The Framers (55) attending men of practical
  affairs, including Continental army veterans and
  members of the Congress of the Confederation
• An entirely new constitution was written,
  although gathering was authorized only to revise
  Articles
• Primary concern was with defense of liberty as a
  natural right (Lockean reasoning)

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Weaknesses of the confederation

• Could not levy taxes or regulate commerce
• Sovereignty, independence retained by states
• One vote in Congress for each state
• Nine of thirteen votes in Congress required for
  any measure
• Delegates picked, paid for by legislatures
• Little money coined by Congress
• Army small dependent on state militias
• Territorial disputes between states
• No national judicial system
• All thirteen states' consent necessary for any
  amendments

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THEME C THE MOTIVES OF THE FOUNDERS Economic
Interests at the Convention Economic Interests
and Ratification The Constitution and Equality
Separation of Powers and Federalism Need for a
Bill of Rights
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The Framers

• Who came men of practical affairs
• Who did not come
• Intent to write an entirely new constitution
• Lockean influence
• Doubts that popular consent could guarantee
  liberty
• Results "a delicate problem" need strong
  government for order but one that would not
  threaten liberty
• Democracy of that day not the solution
• Aristocracy not a solution either
• Government with constitutional limits no
  guarantee against tyranny

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The Antifederalist View

• Liberty could be secure only in small republics
• Nation needed, at best, a loose confederation of
  states with most of the power wielded by the
  state legislatures
• If there was a strong national government, there
  should be many more restrictions on it

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Federalist Papers 10 and 51

• Coalitions were more likely to be moderate
  because they would represent a diversity of
  interests
• Governments should be somewhat distant from the
  passions of the people
• No bill of rights was necessary

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The Virginia Plan

• Design for a true national government
• Two houses in legislature
• Executive chosen by legislature
• Council of revision with veto power
• Two key features of the plan
• National legislature with supreme powers
• One house elected directly by the people

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The New Jersey Plan

• Sought to amend rather than replace the Articles
• Proposed one vote per state
• Protected small states' interests

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The compromise

• House of Representatives based on population
• Senate of two members per state
• Reconciled interests of big and small states

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Key principles

• Separation of powers
• Federalism

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Reasons for the absence of a bill of rights

• Several guarantees in Constitution
• Habeas corpus
• No bill of attainder
• No ex post facto law
• Trial by jury
• Privileges and immunities
• No religious tests
• Obligation of contracts
• Most states had bills of rights.
• Intent to limit federal government to specific
  powers

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Need for a bill of rights

• Ratification impossible without one
• Promise by key leaders to obtain one
• Bitter ratification narrowly successful

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The motives of the Framers

• Acted out of a mixture of motives economic
  interests played modest role
• Economic interests of framers varied widely
• Economic interests of Framers varied widely
• Beard those who owned governmental debt
  supported Constitution
• However, no clear division along class lines
  found
• Recent research state considerations outweighed
  personal considerations exception slaveholders

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Madison's Federalist No. 10

• Personal liberty safest in large ("extended")
  republics
• Coalitions likely more moderate there
• Government should be somewhat distant to be
  insulated from passions

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THEME D CONSTITUTIONAL REFORM - MODERN VIEWS
Reducing the Separation of Powers Making the
System Less Democratic
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Constitutional reform--modern views

• Reducing the separation of powers to enhance
  national leadership
• Urgent problems remain unresolved
• President should be more powerful, accountable,
  to produce better policies
• Government agencies exposed to undue interference
• Proposals
• Choose cabinet members from Congress
• Allow president to dissolve Congress
• Empower Congress to require special presidential
  election
• Require presidential/congressional terms
• Establish single six-year term for president
• Lengthen terms in House to four years

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Making the system less democratic

• Government does too much, not too little
• Attention to individual wants over general
  preferences
• Proposals
• Limit amount of taxes collectible
• Require a balanced budget
• Grant president a true line-item veto
• Narrow authority of federal courts

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Who is right?

• Crucial questions
• How well has it worked in comparison with other
• How well has it worked in history?

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Key Principles of Government

• Founders did not intent to create a direct
  democracy
• Popular rule only in House of Representatives
• Separation of Powers between branches
• Federalism power divided between national and
  state governments

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Three Categories of Powers

• Enumerated powers given to national government
  exclusively include power to print money,
  declare war, make treaties, conduct foreign
  affairs
• Reserved powers given to states exclusively
  include power to issue licenses and to regulate
  commerce wholly within a state
• Concurrent powers shared by both national and
  state governments include collecting taxes,
  building roads, borrowing money, having courts

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Map 2.2 Ratification of the Federal Constitution
by State Conventions, 1787-1790
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The Constitution and Slavery

• House of Representatives Apportionment 3/5
  Compromise
• Congress could not prohibit slave trade before
  1808
• Fugitive Slave Clause

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Suggestions for Constitutional Reform

• Reduce separation of powers to enhance national
  leadership
• Make the system less democratic
• Questions to consider
• How well has it worked in history?
• How well has it worked in comparison with other
  democratic nations?

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PARTS OF THE CONSTITUTION ARTICLE I -
LEGISLATIVE ARTICLE II - EXECUTIVE ARTICLE III
- JUDICIAL
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ARTICLE IV - STATES RIGHTS ARTICLE V - AMENDING
THE CONSTITUTION
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ARTICLE VI ASSUMPTION OF DEBT, SUPREMACY CLAUSE
AND NO RELIGIOUS TEST ARTICLE VII RATIFICATION
OF THE CONSTITUTION
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The Bill of Rights Amendments 1 - 10 AMENDMENT
1 FREEDOM OF RELIGION SPEECH, PRESS, ASSEMBLY
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AMENDMENT 2 THE MILITIA AND THE RIGHT TO BEAR
ARMS AMENDMENT 3 QUARTERING OF TROOPS IN PRIVATE
HOMES
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AMENDMENT 4 UNREASONABLE SEARCH AND
SEIZURE AMENDMENT 5 DUE PROCESS
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AMENDMENT 6 RIGHTS WHEN ON TRIAL AMENDMENT
7 COMMON - LAW SUITS AMENDMENT 8 BAIL, CRUEL AND
UNUSUAL PUNISHMENT
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AMENDMENT 9 UNENUMERATED RIGHTS PROTECTED Right
to privacy interpreted to be under this
amendment. Madison felt that this was the most
important amendment because it would cover
forgotten rights.
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AMENDMENT 10 POWERS RESERVED TO THE STATES
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AMENDMENT 11 LIMITS ON SUITS AGAINST
STATES AMENDMENT 12 REVISION OF ELECTORAL
COLLEGE PROCEDURE
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AMENDMENT 13 SLAVERY PROHIBITED AMENDMENT
14 EX-SLAVES MADE CITIZENS DUE PROCESS EXTENDED
TO STATES AMENDMENT 15 BLACKS GIVEN RIGHT TO VOTE
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AMENDMENT 16 FEDERAL INCOME TAX AMENDMENT
17 POPULAR ELECTION OF SENATORS
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AMENDMENT 18 PROHIBITION AMENDMENT 19 WOMEN'S
SUFFRAGE
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AMENDMENT 20 FEDERAL TERMS OF OFFICE TO BEGIN IN
JANUARY AMENDMENT 21 REPEALED PROHIBITION
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AMENDMENT 22 PRESIDENT LIMITED TO TWO
TERMS AMENDMENT 23 D.C. GIVEN VOTING RIGHTS
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AMENDMENT 24 POLL TAX OUTLAWED AMENDMENT
25 PRESIDENTIAL DISABILITY
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AMENDMENT 26 VOTING AGE LOWERED TO 18 AMENDMENT
27 INCREASE IN CONGRESSIONAL SALARIES PROHIBITED
DURING TERM
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Ratification of the Federal Constitution by State
Conventions, 1787-1790
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Self-Test
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For more information about this topic, link to
the Metropolitan Community College Political
Science Web Site http//socsci.mccneb.edu/pos/pols
cmain.htm