Chapter 1 The Constitution

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Chapter 1The Constitution

• What is a Constitution?
• U.S. Constitution - Part I
• U.S. Constitution - Part II
• Make Up of the U.S. Constitution
• Judicial Review of Constitution

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Constitutionalism

• A charter establishing the principles of
  fundamental law which governs a political
  society.
• The British Constitution - our example
• The U. S. Constitution
• outlines organization of national government
• grants power to different branches
• limits powers of government
• symbol of national political values

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British Political Legacy

• Magna Carta - 1215
• Protection of life, liberty, and property
• Trial by peers
• Taxation with Parliaments approval
• Petition of Rights - 1628
• Prohibits imprisoning political opposition
  (habeas corpus)
• Crown must obey laws
• Bill of Rights - 1689
• Crown cannot interfere in elections
• Parliamentary approval to raise army
• Crown has to rule with consent of Parliament

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Colonial Tax and Trade Policy

• Seven Years War (French and Indian War) - 1754 to
  1763
• Changes in British tax and trade policy became
  necessary after war.
• Britain needed to find new sources of income to
  pay off growing national debt.

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No Taxation Without Representation

• These words stirred a generation of Americans to
  action against their own government.
• Opposition to changes in British tax and trade
  policies were challenged by the colonists on the
  grounds that the colonies had no representatives
  in the British Parliament.

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Tax and Trade Policy

• The Stamp Act of 1765 and the Sugar Act of 1764
  were met with opposition by the New England
  merchants and Southern planters.
• Quartering Act of 1765.
• More taxes on commodities including tea occur in
  1767.
• Boston Massacre - 1770.
• Burning of the Gaspee - 1772.
• Boston Tea Party - 1773.

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Tax and Trade Policy

• The British response to colonial opposition only
  strengthened colonial resistance.
• Intolerable Acts
• Closed Boston Harbor,
• Restructured Massachusetts government,
• Restricted town meetings,
• Forced quartering of troops,
• Trials in England or Canada.
• These 1774 Coercive Acts led to a call for a
  boycott, the Battles of Lexington and Concord.

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First Continental Congress

• Association of 1774 is formed
• 9/5/1774 - 10/26/1774
• Ban and boycott of British goods.
• British troops fortify Boston area.
• Battle of Lexington and Concord occur 4/19/1775.

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Second Continental Congress

• 5/10/1775 to 3/2/1789
• John Hancock elected first President.
• Militias declared full army.
• Battle of Bunker Hill 6/17/1775.
• George Washington selected as CinC
• Arrives in Boston area in July 1775
• Colonial militias arrive to support Massachusetts
• Sent the Olive Branch Petition primary concern
  still a peaceful settlement.
• Established -
• Committee of Whole
• Board of War
• Committee on Foreign Affairs
• Committee on Spies
• Committee of Five.
• Suggested colonies write state constitutions.
• Common Sense Thomas Paine

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The Declaration of Independence

• Committee of Five - Jefferson, Adams, Franklin,
  Sherman, Livingston
• Human beings are inherently equal
• Government is created by and servant of the
  people
• Natural human rights is the higher law binding
  government powers
• Government are bound by their own laws

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The Articles of Confederation

• Creates our first constitutional government in
  November of 1777.
• Better known for the lack of powers given to the
  national government.
• Congress of the Confederation central governing
  body.
• One state one vote, no executive branch, no
  authority over states, no economic controls,
  national government had foreign policy powers.
• Lasted only 12 years.

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Weaknesses in the Articles of Confederation
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The Articles of ConfederationInternational -
Financial Crisis

• The inability of the Articles of Confederation to
  tax resulted in a weakening of bonds.
• Trade wars erupted between the states.
• Inflation resulted from each state printing
  currency.
• An economic and political crisis developed.

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The Articles of ConfederationShayss Rebellion

• An individual was more likely to be imprisoned
  for debt than for any other crime.
• Daniel Shays led a rebellion of debtors in
  Massachusetts in the August of 1786.
• The rebellion demonstrated need for stronger
  government.

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The Articles of ConfederationThe Annapolis
Convention

• The crisis led to a meeting in Annapolis in the
  fall of 1786.
• At the convention, delegates agreed to meet in
  Philadelphia one year later to discuss revising
  the Articles of Confederation.

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End of the Confederation

• Insufficient power at national level
• Too much power at the state level
• Northwest Ordinance (June 1787)
• planned future new states to west
• basis for public education system
• banned slavery in new territory

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The Constitutional ConventionA Marriage of
Interest and Principle

• Delegates met beginning in May 1787.
• Delegates represented the elite in American
  society.
• Expressed purpose revise Articles.
• Problem - how to give national government more
  power while protecting sovereign interests of all
  states, big and small.

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The Constitutional ConventionConflict and
Compromise

• The Virginia Plan favored states with large
  populations.
• The New Jersey Plan favored the smaller states.
• The Connecticut Plan - the Great Compromise
  reached a over representation.

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The Constitutional ConventionConflict and
Compromise

• The Virginia Plan favored states with large
  populations.
• The New Jersey Plan favored the smaller states.
• The Connecticut Plan - the Great Compromise
  reached a over representation.
• Bicameral legislature
• House of Representatives based on population
• Senate with equal representation

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The Constitutional ConventionThe Question of
Slavery

• Were the slaves to be counted for representation
  purposes?
• The Three-fifths Compromise resolved the issue of
  how to count the slaves for purposes of
  representation and taxation
• Twenty year moratorium (1808) on slave importing

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Federalists vs. Antifederalists

• These two groups debated the necessity and design
  of the new and stronger central government on the
  following grounds
• representation,
• tyranny of the majority,
• the scope of governmental power.

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Ratification Battle

• Federalists
• Elites favoring oligarchy feared excessive
  democracy.
• Strong national government
• Federalist Papers
• Alexander Hamilton
• John Jay
• James Madison

• Antifederalists
• Small farmer and shopkeepers wanted government
  close to people.
• Stronger state governments and protection of
  liberties
• Samuel Adams
• Patrick Henry

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The Compromise

• The Bill of Rights
• First 12 amendments to Constitution
• Constitution sent to States Sept 1787.
• Delaware ratified in December of 1787.
• New Hampshire (9th State to ratified) - June
  1788.
• Bill of Rights proposed by Congress in September
  1789.
• Rhode Island ratified in May of 1790.
• Bill of Rights (only first 10) ratified by 9
  states by December 1791.

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Constitutional Principles

• Limited government
• Popular sovereignty
• Federalism
• Checks and Balances by Separating the Power of
  each branch
• Bill of Rights

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Preamble

• We the People of the United States,
• In order to form a more perfect Union,
• Establish Justice,
• Insure domestic Tranquility,
• Provide for the common defense,
• Promote the general Welfare, and
• Secure the Blessings of Liberty

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Constitutional Structure

• Article I - Creates legislative branch
• Article II - Creates executive branch
• Article III - Creates judicial branch
• Article IV - Defines state relations
• Article V - Defines how to amend the Constitution
• Article VI - Defines national debt and supremacy
• Article VII - Ratification

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The ConstitutionThe Legislative Branch

• Bicameral
• House
• 65 (435) members
• Two year terms
• Elected by the people
• Senate
• 26 (100) members
• Six year terms
• Selected by state legislatures

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The ConstitutionLegislative Branch

• House members were to be elected directly by the
  voters.
• Designed to encourage popular control over the
  legislative process

• Senators initially chosen by the state
  legislatures.
• Designed to insulate Senate from voters
• The 17th Amendment (1913) direct election of U.S.
  senators.

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The ConstitutionLegislative Branch

• Article I, Sec. 8, spells out the enumerated or
  delegated powers of the United States government,
  including the power to collect taxes and regulate
  commerce.
• Impeachment House (impeaches) and Senate (tries)
  Roles (Articles I II)
• The necessary and proper clause provides Congress
  with greater latitude in exercising its Article
  I, Sec. 8, powers.

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The ConstitutionExecutive Branch

• Article II creates the presidency.
• President is to be elected through an electoral
  college that insulates the office from Congress
  and the masses.
• Powers of the president are rather vague and
  ambiguous.

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The ConstitutionJudicial Branch

• Article III creates the U. S. Supreme Court.
• Judges are appointed by the president with the
  advice and consent of the U.S. Senate.

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Judicial Review

• Power of the Supreme Court to interpret national
  and state policy/laws to determine if they are
  constitutional.
• Kentucky and Virginia resolutions - 1798
• Marbury v. Madison - 1803

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The ConstitutionNational Unity and Power

• Article IV provides that the civil acts of one
  state shall be recognized by all the states
  (marriages, divorces, etc.).
• Article VI, the supremacy clause, provides that
  the Constitution and laws of the United States
  enacted pursuant to constitutional authority are
  the supreme law of the land.

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The ConstitutionLimits on Government Power

• The Constitution attempts to limit the power of
  the national government through
• separation of powers with a system of checks
  and balances,
• Federalism,
• The Bill of Rights.

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Separation of Powers
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Article V - Changing the Constitution
-AmendmentsMany are Called, Few are Chosen

• Amending the Constitution is a lengthy and
  difficult process.
• Between 1789 and 1996, more than 11,000
  amendments have been offered/introduced in
  Congress.
• Only twenty-seven have been ratified.

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The Formal Constitutional Amending Procedure