US Constitution

1
US Constitution

• The Miracle of Philadelphia

2
The Historical Background

• The Treaty of Paris in 1783 had secured
  independence for the united States and the
  territories to the Mississippi.
• The new nation was about to collapse by 1787.
• The Articles of Confederation werent sufficient
  to govern the new country

3
Issues with the Articles

• Financial problems since the gov. had no power
  to tax, it couldnt pay back its war debts.
• Rebellion a group of farmers rallied about
  Captain Shays because of high taxes, inflation
  and debt foreclosure
• Inability of gov. to manage western territories
• Fear of foreign conquest by Britain or Spain

4
The Conflicting Beliefs

• Younger members of the revolution now led a
  movement to change the Articles
• They proposed a stronger central government.
• This idea terrified lovers of liberty such as
  Patrick Henry who fought Britain to forever
  abolish a national sovereignty.

5
The Question

• Could a government be formed which was strong
  enough to secure the general welfare yet weak
  enough to preserve the sovereignty of the states?
• To answer this question, the Founders looked to
  the lessons of history.
• The only real historical examples were Greece and
  Rome

6
The Lessons of History

• Power Corrupts, therefore power must be limited
  by a series of checks
• Excesses of democracy lead to tyranny (many at
  the constitutional convention believed the
  problems of the young country were due to an
  excess of democracy so the new constitution was
  to be a bulwark against democracy)

7
The Lessons of History

• Rome (as a Republic) rather than Greece was the
  model for the founders
• Rome set forth the balanced powers
• Roman Monarchy the consuls gave us the
  executive, the president
• Roman Assembly the broad base of support, the
  democracy, gave us the House of popularly elected
  Representatives
• Roman Senate the aristocracy of very capable
  individuals gave us the Senate

8
The Lessons of History

• England was also a model to the founders
• The English constitution, from Magna Charta to
  the English Bill of Rights set a stage for
  personal liberty and balanced power
• Montesquieus Spirit of the Laws argued that the
  best government is based on a balanced
  constitution and must have political liberty as
  its central goal.

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The Lessons of History

• The state constitutions being written after the
  war of revolution also served as a model for the
  new national constitution
• Almost all states had bicameral legislatures
• The states had separate judicial branches
• In some states the supreme courts were already
  practicing judicial review

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Constitutional Convention

• 55 delegates were selected and sent to
  Philadelphia (Rhode Island didnt send anyone).
• The delegates were more conservative than the
  signers of the Declaration
• Only 6 people signed both the Declaration and the
  Constitution

11
Constitutional Convention

• The delegates were men of property and frequently
  wealthy.
• They were the middle class landowners which
  Aristotle had spoken of
• Many were college educate (8 from Princeton)
• More than half were lawyers or judges. 21 had
  fought in the Revolution. 46 had served in
  colonial or state legislatures.

12
Constitutional Convention

• They kept the proceedings of the convention quiet
  no press releases or leaks
• They exceeded their mandate of revising the
  Articles of Confederation
• There was tension between the large and small
  states -gt the great compromise
• Conflict over the issue of slavery
• 39 of the 55 signed the finished Constitution

13
Constitutional Convention

• South Carolinas Pierce Butler said We must
  follow the example of Salon, who gave the
  Athenians not the best government he could devise
  but the best they would receive.

14
Constitutional Convention

• At first the group started to revise the Articles
  of Confederation but realized that a new
  government needed to be created
• Many plans were discussed but a central principle
  was becoming clear three co-equal branches which
  balanced each other

15
Constitutional Convention

• The New Jersey plan preserved the sovereignty
  of the individual states
• He declared it not safe for Virginia to have 16
  times as many legislators as Delaware.
• Two of the New York delegates supported the New
  Jersey plan

16
Constitutional Convention

• The Virginia Plan called for a strong central
  government
• was written largely by James Madison
• proposed two houses of legislature, both of
  proportional representation
• proposed a strong executive

17
Constitutional Convention

• Alexander Hamilton presented a radical plan
• State sovereignty would deny necessary power from
  the federal government.
• Only a strong federal government could address
  the emergencies that faced the nation no state
  or federation of sovereign states could address
  the emergencies

18
Constitutional Convention

• Alexander Hamiltons Plan
• No state or federation could repel a determined
  foreign invasion
• A federal government can take many forms and thus
  meet needs over time
• Failing to build a central government would end
  the mark the end of the union

19
Constitutional Convention

• Alexander Hamilton Proposed a government such
  that
• The executive served for life with absolute veto
  power
• The executive should be so strong that he will
  not desire more power
• People tire of popular government and will not
  maintain the effort needed for self governance
  and informed debate

20
Constitutional Convention

• James Madison then stood and talked about the
  lessons of Greece and the degeneration of the
  confederation of independent sovereign cities
  states into a competition and faction.
• He pointed out the issues with the New Jersey
  plan and said that the concern for state
  sovereignty was making the assembly fail in its
  task

21
Constitutional Convention

• Madison presented a plan in between Hamiltons
  quasi-monarchy and New Jerseys ensemble of
  independent states.
• His plan was plausible and led to adoption by the
  majority
• There were still many arguments over how things
  would work.

22
Constitutional Convention

• Things deadlocked to the point that Dr. Franklin
  proposed a prayer meeting
• 60 votes were taken to work out the electoral
  system
• Gouverneur Morris wrote the preamble and located
  the sovereignty in the we the people.

23
Constitutional Convention

• At the final day of the convention, Dr. Franklin
  offered his own reflection on the document now
  before them On the whole, Sir, I can not help
  expressing a wish that every member who may still
  have objections to it, would with me, on this
  occasion doubt a little of his own infallibility,
  and to make manifest our unanimity, put his name
  to this instrument.

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Principles of the Constitution

• The consent of the governed
• We the people
• to promote the general welfare
• representative government
• direct election of the Representatives
• Ratification required by the states

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Principles of the Constitution

• The rule of law
• No one is above the law, not the President nor a
  Senator nor a Representative nor a Judge, nor any
  other person.
• The constitution is the supreme law of the land
• The Judiciary has power in all matters of law

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Principles of the Constitution

• The tenets of Federalism the confederations of
  Greece had been to weak while those of the Holy
  Roman empire were an obstacle to unity.
• States gave up essential aspects of sovereignty,
  such as army and coining money
• States are given intrinsic role in selecting
  electors and Senators
• National government is superior to state ones

27
Principles of the Constitution

• Separation of Powers legislative, executive,
  judicial
• Some blending occurs
• Vice President is tie breaker in Senate
• Senate has power of impeachment
• Executive selects judges

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Principles of the Constitution

• The principle of change
• New states can be admitted on equal terms
• The US would be a commonwealth rather than an
  empire
• The Constitution can be amended allowing for
  adaptability in new times and circumstances

29
The Powerful Legislature

• Congress holds tremendous power to make all laws
  necessary and proper for executing its stated
  powers.
• Congress controls funding and can override a
  presidential veto
• The only check on the legislature is the power of
  judicial review

30
The Powerful Judiciary

• When it comes down to it, the core power of the
  Constitution is granted to a small group of
  people who serve for life an Aristocracy.
• The judiciary can strike down any legislative act
  except an amendment to the Constitution itself.

31
Anti-Federalists

• Argued that a powerful central government is a
  threat to the liberty won by the Revolution
• Liberty is best protected in small republics
• A strong Constitution will create a standing
  army, a national capital and an huge bureaucracy
  which will suck up taxes which Congress can
  require with no limits
• There is no Bill of Rights