Constitution2

The Constitution

Andrew MartinUniversity of Kentucky

Constitutional Convention

● Delegates met in Annapolis, Md. in 1786.

Constitutional Convention

● Delegates met in Annapolis, Md. in 1786.●Only five states sent delegates.

Constitutional Convention

● Delegates met in Annapolis, Md. in 1786.●Only five states sent delegates.●Hamilton suggested another meeting in Philadelphia in 1787.

Constitutional Convention

● Delegates met in Annapolis, Md. in 1786.●Only five states sent delegates.●Hamilton suggested another meeting in Philadelphia in 1787.●Madison was able to secure Congress' approval.

Political motivations

● Political: The Articles of Confederation were ineffective and

weak

Political motivations

● Political: The Articles of Confederation were ineffective and

weak● Shay's rebellion

Political motivations

● Political: The Articles of Confederation were ineffective and

weak● Shay's rebellion● Revolutionary war debt

Political motivations

● Political: The Articles of Confederation were ineffective and

weak● Shay's rebellion● Revolutionary war debt● Unable to handle threats from foreign powers

Political motivations

● Political: The Articles of Confederation were ineffective and

weak● Shay's rebellion● Revolutionary war debt● Unable to handle threats from foreign powers

Jefferson: “an assembly of demi-gods”

Economic motivations

● Done to financially benefit Founding Fathers Charles Beard, An Economic Interpretation of the

Constitution of the United States, 1913

Economic motivations

● Done to financially benefit Founding Fathers Charles Beard, An Economic Interpretation of the

Constitution of the United States, 1913● Policies of 1780s helped farmers and laborers,

hurt business owners, bankers

Economic Events of 1780s

● Little protection for manufacturing sector

Economic Events of 1780s

● Little protection for manufacturing sector● No protection of investment in western land

Economic Events of 1780s

● Little protection for manufacturing sector● No protection of investment in western land● American shipping was discriminated against

by foreign countries

Economic Events of 1780s

● Little protection for manufacturing sector● No protection of investment in western land● American shipping was discriminated against

by foreign countries● Each state coining its own money, along with

other laws, led to depreciation of currency and resulted in inflation

Economic Events of 1780s

● Little protection for manufacturing sector● No protection of investment in western land● American shipping was discriminated against

by foreign countries● Each state coining its own money, along with

other laws, led to depreciation of currency and resulted in inflation

● “stay laws” prevented foreclosure on farms

Economic Events of 1780s

● Little protection for manufacturing sector● No protection of investment in western land● American shipping was discriminated against

by foreign countries● Each state coining its own money, along with

other laws, led to depreciation of currency and resulted in inflation

● “stay laws” prevented foreclosure on farms● “tender laws” allowed farmers to pay loans with

crops

The Constitutional Convention

● May-September 1787

The Constitutional Convention

● May-September 1787● Held in Philadelphia State House

The Constitutional Convention

● May-September 1787● Held in Philadelphia State House● 55 men from 12 states (Rhode Island did not

send delegates)

Occupations of Founding Fathers

Occupations of Founding Fathers

● 35 were lawyers or had some legal training

Occupations of Founding Fathers

● 35 were lawyers or had some legal training● 13 were businessmen, merchants, or shippers

Occupations of Founding Fathers

● 35 were lawyers or had some legal training● 13 were businessmen, merchants, or shippers● 12 owned and managed slave plantations/farms

Occupations of Founding Fathers

● 35 were lawyers or had some legal training● 13 were businessmen, merchants, or shippers● 12 owned and managed slave plantations/farms● 11 were major securities speculators

Occupations of Founding Fathers

● 35 were lawyers or had some legal training● 13 were businessmen, merchants, or shippers● 12 owned and managed slave plantations/farms● 11 were major securities speculators● 9 held public office

Occupations of Founding Fathers

● 35 were lawyers or had some legal training● 13 were businessmen, merchants, or shippers● 12 owned and managed slave plantations/farms● 11 were major securities speculators● 9 held public office ● 6 were major land speculators

Occupations of Founding Fathers

● 35 were lawyers or had some legal training● 13 were businessmen, merchants, or shippers● 12 owned and managed slave plantations/farms● 11 were major securities speculators● 9 held public office ● 6 were major land speculators● 3 physicians

Occupations of Founding Fathers

● 35 were lawyers or had some legal training● 13 were businessmen, merchants, or shippers● 12 owned and managed slave plantations/farms● 11 were major securities speculators● 9 held public office ● 6 were major land speculators● 3 physicians● 2 scientists

Occupations of Founding Fathers

● 35 were lawyers or had some legal training● 13 were businessmen, merchants, or shippers● 12 owned and managed slave plantations/farms● 11 were major securities speculators● 9 held public office ● 6 were major land speculators● 3 physicians● 2 scientists● 1 minister

Convention deliberation

● Stated purpose was to fix Articles of Confederation

Convention deliberation

● Stated purpose was to fix Articles of Confederation AOC were tossed on fourth day of deliberation

Convention deliberation

● Stated purpose was to fix Articles of Confederation AOC were tossed on fourth day of deliberation

● Deliberations were secretive

Convention deliberation

● Stated purpose was to fix Articles of Confederation AOC were tossed on fourth day of deliberation

● Deliberations were secretive Members sworn to secrecy

Convention deliberation

● Stated purpose was to fix Articles of Confederation AOC were tossed on fourth day of deliberation

● Deliberations were secretive Members sworn to secrecy Windows of Philadelphia State House were nailed

shut

Convention deliberation

● Stated purpose was to fix Articles of Confederation AOC were tossed on fourth day of deliberation

● Deliberations were secretive Members sworn to secrecy Windows of Philadelphia State House were nailed

shut Guards were posted to prevent others from hearing

deliberations

Ratification

● Dropped unanimous consent requirement spelled out in AOC

Ratification

● Dropped unanimous consent requirement spelled out in AOC

● Done because Rhode Island, North Carolina expected to resist changes

Ratification

● Dropped unanimous consent requirement spelled out in AOC

● Done because Rhode Island, North Carolina expected to resist changes

● Nine states would have to ratify Constitution for it to take effect

Ratification

● Dropped unanimous consent requirement spelled out in AOC

● Done because Rhode Island, North Carolina expected to resist changes

● Nine states would have to ratify Constitution for it to take effect

● States would have to ratify, though no mention of elected state legislatures was made

Ratification

● Dropped unanimous consent requirement spelled out in AOC

● Done because Rhode Island, North Carolina expected to resist changes

● Nine states would have to ratify Constitution for it to take effect

● States would have to ratify, though no mention of elected state legislatures was made

● States held elections to select delegates to state constitutional conventions

Federalists vs. Anti-Federalists

Federalists vs. Anti-Federalists

● Federalists supported ratification of the Constitution

Federalists vs. Anti-Federalists

● Federalists supported ratification of the Constitution

● Anti-Federalists opposed ratification

Federalists vs. Anti-Federalists

● Federalists supported ratification of the Constitution

● Anti-Federalists opposed ratification● Federalists won the day

Federalists vs. Anti-Federalists

● Federalists supported ratification of the Constitution

● Anti-Federalists opposed ratification● Federalists won the day● Constitution was signed by convention

delegates September 17, 1787

Federalists vs. Anti-Federalists

● Federalists supported ratification of the Constitution

● Anti-Federalists opposed ratification.● Federalists won the day● Constitution was signed by convention

delegates September 17, 1787● New Hampshire was 9th state to ratify it, putting

it into law, June 21, 1788

Federalists vs. Anti-Federalists

● Federalists supported ratification of the Constitution

● Anti-Federalists opposed ratification.● Federalists won the day● Constitution was signed by convention

delegates September 17, 1787● New Hampshire was 9th state to ratify it, putting

it into law, June 21, 1788● Laws and gov't took effect March 4, 1789

Anti-Federalists

● Feared a federal government would not be responsive to citizens

Anti-Federalists

● Feared a federal government would not be responsive to citizens

● Worried that new executive would amass too much power

Anti-Federalists

● Feared a federal government would not be responsive to citizens

● Worried that new executive would amass too much power

● No protection of individual rights

Federalists

● Believed federal representative republic was possible, desirable

Federalists

● Believed federal representative republic was possible, desirable

● Federalists believed a large republic would prevent the tyranny of a majority.

Federalists

● Believed federal representative republic was possible, desirable

● Federalists believed a large republic would prevent the tyranny of a majority. Federalist No. 10

Federalists

● Believed federal representative republic was possible, desirable

● Federalists believed a large republic would prevent the tyranny of a majority. Federalist No. 10

● Shared powers would give government the power to get things done, but prevent it from becoming too powerful

Competing Visions

● The Virginia Plan

Competing Visions

● The Virginia Plan● Authored by James Madison

Competing Visions

● The Virginia Plan● Authored by James Madison● Favored larger states

Competing Visions

● The Virginia Plan● Authored by James Madison● Favored larger states

Proposed bicameral legislature

Competing Visions

● The Virginia Plan● Authored by James Madison● Favored larger states

Proposed bicameral legislature Representation in both based on population

Competing Visions

● The New Jersey Plan

Competing Visions

● The New Jersey Plan● Offered as alternative to Virginia Plantation

Competing Visions

● The New Jersey Plan● Offered as alternative to Virginia Plantation● Favored smaller states

Competing Visions

● The New Jersey Plan● Offered as alternative to Virginia Plantation● Favored smaller states

Proposed unicameral legislatures

Competing Visions

● The New Jersey Plan● Offered as alternative to Virginia Plantation● Favored smaller states

Proposed unicameral legislatures One vote per state

Competing Visions

● Connecticut Compromise

Competing Visions

● Connecticut Compromise Two houses

Competing Visions

● Connecticut Compromise Two houses One proportional (House)

Competing Visions

● Connecticut Compromise Two houses One proportional (House) One equal votes for each state (Senate)

Slavery and the Constitution

● Issue of slavery never explicitly mentioned in Constitution

Slavery and the Constitution

● Issue of slavery never explicitly mentioned in Constitution

● Issue very contentious

Slavery and the Constitution

● Issue of slavery never explicitly mentioned in Constitution

● Issue very contentious● Slaves and commerce compromise

Slavery and the Constitution

● Issue of slavery never explicitly mentioned in Constitution

● Issue very contentious● Slaves and commerce compromise

Northerners got tariffs on imported goods

Slavery and the Constitution

● Issue of slavery never explicitly mentioned in Constitution

● Issue very contentious● Slaves and commerce compromise

Northerners got tariffs on imported goods Southerners got protection against the outlaw of

overseas slave trading until 1808.

Slavery and the Constitution

● Census to be taken every 10 years, would help determine the configuration of House districts

Slavery and the Constitution

● Census to be taken every 10 years, would help determine the configuration of House districts

● Slaves were to be counted as 3/5 person

Slavery and the Constitution

● Census to be taken every 10 years, would help determine the configuration of House districts

● Slaves were to be counted as 3/5 person Increased Southern population counts, and hence

the South would have more seats in the U.S. House.

Compromise on enumerated rights

● The Federalists made a concession on individual rights, agreeing to amend the

Constitution to include a list of individual safeguards.

Layout of the Constitution

● Article I (Legislative Branch)● Article II (Executive Branch)● Article III (Judicial Branch)● Article IV (Relations between the States)● Article V (Amendment Process)● Article VI (Federal-State relations/Oath for

Officers)● Article VII (How Constitution will be ratified)

Separation of Powers

● Legislative Branch -- makes laws (Article I)● Executive Branch -- enforces laws (Article II)● Judicial Branch -- interprets laws, resolves

disputes (Article III)

Presidential checks on Congress

● President can:

Presidential checks on Congress

● President can: Veto legislation

Presidential checks on Congress

● President can: Veto legislation Call special session

Presidential checks on Congress

● President can: Veto legislation Call special session Recommend legislation

Presidential checks on Congress

● President can: Veto legislation Call special session Recommend legislation Vice-President presides over Senate, casts tie-

breaking votes

Presidential checks on judiciary

● President can:

Presidential checks on judiciary

● President can: Nominate federal judges

Presidential checks on judiciary

● President can: Nominate federal judges Pardon persons convicted by federal courts

Congressional checks on President

● Congress can:

Congressional checks on President

● Congress can: Override presidential veto (2/3 majority)

Congressional checks on President

● Congress can: Override presidential veto (2/3 majority) Impeach and remove president

Congressional checks on President

● Congress can: Override presidential veto (2/3 majority) Impeach and remove president Reject presidential appointees (Senate)

Congressional checks on President

● Congress can: Override presidential veto (2/3 majority) Impeach and remove president Reject presidential appointees (Senate) Refuse ratification of treaties (Senate)

Congressional checks on President

● Congress can: Override presidential veto (2/3 majority) Impeach and remove president Reject presidential appointees (Senate) Refuse ratification of treaties (Senate) Reject president's request for laws and funds

Congressional checks on President

● Congress can: Override presidential veto (2/3 majority) Impeach and remove president Reject presidential appointees (Senate) Refuse ratification of treaties (Senate) Reject president's request for laws and funds Investigate president's actions

Congressional checks on judiciary

● Congress can:

Congressional checks on judiciary

● Congress can: Reject judicial nominees to federal bench

Congressional checks on judiciary

● Congress can: Reject judicial nominees to federal bench Create lower federal courts

Congressional checks on judiciary

● Congress can: Reject judicial nominees to federal bench Create lower federal courts Amend laws to change judicial interpretation

Congressional checks on judiciary

● Congress can: Reject judicial nominees to federal bench Create lower federal courts Amend laws to change judicial interpretation Propose constitutional amendments

Judicial checks on Congress, president

● Can declare laws passed by Congress unconstitutional

Judicial checks on Congress, president

● Can declare laws passed by Congress unconstitutional

● Can declare acts of the president/administration unconstitutional

Federalism (Article VI)

● Divides power between federal and state governments.

Federalism (Article VI)

● Divides power between federal and state governments.

● Powers of the federal government are explicitly defined are known as expressed powers.

Federalism (Article VI)

● Divides power between federal and state governments.

● Powers of the federal government are explicitly defined are known as expressed powers.

● Originally, focus of nat'l government was to be foreign affairs, nat'l security and commerce

Federalism (Article VI)

● Divides power between federal and state governments.

● Powers of the federal government are explicitly defined are known as expressed powers.

● Originally, focus of nat'l government was to be foreign affairs, nat'l security and commerce

● "Necessary and proper" clause, subsequent amendments allowed federal gov't influence to grow

Federalism

● State Governments

Federalism

● State Governments Intended to look after health, safety and well-being

of the people

Federalism

● State Governments Intended to look after health, safety and well-being

of the people Powers known as police powers

State reciprocity (Article IV)

● Full faith and credit clause

State reciprocity (Article IV)

● Full faith and credit clause Each state must accept legal proceedings of other

states

State reciprocity (Article IV)

● Full faith and credit clause Each state must accept legal proceedings of other

states● Privileges and immunities clause

State reciprocity (Article IV)

● Full faith and credit clause Each state must accept legal proceedings of other

states● Privileges and immunities clause

Mandates that out-of -state citizens enjoy legal rights of citizens in that state

Supremacy Clause

● Federal law supercedes state law (Article VI)

Amendments

● Proposing an amendment

Amendments

● Proposing an amendment Congress calls national convention at request of

two-thirds of the states (rare)

Amendments

● Proposing an amendment Congress calls national convention at request of

two-thirds of the states (rare) Two-thirds of Congress votes for proposed

amendment (more common)

Amendments

● Ratifying an amendment

Amendments

● Ratifying an amendment Ratifying conventions in three-fourths of states

(rare)

Amendments

● Ratifying an amendment Ratifying conventions in three-fourths of states

(rare) Three-fourths of state legislatures approve (more

common)

Bill of Rights

● Background

Bill of Rights

● Background Ratified, 1791

Bill of Rights

● Background Ratified, 1791 Consists of first 10 amendments to the U.S.

Constitution

Bill of Rights

● Background Ratified, 1791 Consists of first 10 amendments to the U.S.

Constitution Foundation for civil liberties/civil rights in United

States

Bill of Rights

● Safeguards of personal and political freedom:

Bill of Rights

● Safeguards of personal and political freedom:● 1. Freedom of speech, press, religion (two

parts), right to assemble peacefully

Bill of Rights

● Safeguards of personal and political freedom:● 1. Freedom of speech, press, religion (two

parts), right to assemble peacefully● 2. Right to keep and bear arms

Bill of Rights

● Protection against British occupation● 3. Protection against quartering of troops in

private homes

Bill of Rights

● Safeguards in judicial process:

Bill of Rights

● Safeguards in judicial process: ● 4. Protection against unreasonable search and

seizures.

Bill of Rights

● Safeguards in judicial process: ● 4. Protection against unreasonable search and

seizures.● 5. Guarantees of:

Bill of Rights

● Safeguards in judicial process: ● 4. Protection against unreasonable search and

seizures.● 5. Guarantees of:

grand jury for capital crimes

Bill of Rights

● Safeguards in judicial process: ● 4. Protection against unreasonable search and

seizures.● 5. Guarantees of:

grand jury for capital crimes no double jeopardy

Bill of Rights

● Safeguards in judicial process: ● 4. Protection against unreasonable search and

seizures.● 5. Guarantees of:

grand jury for capital crimes no double jeopardy no self-incrimination

Bill of Rights

● Safeguards in judicial process: ● 4. Protection against unreasonable search and

seizures.● 5. Guarantees of:

grand jury for capital crimes no double jeopardy no self-incrimination no deprivation of life or property without "due

process of law"

Bill of Rights

● Safeguards in judicial process: ● 4. Protection against unreasonable search and

seizures.● 5. Guarantees of:

grand jury for capital crimes no double jeopardy no self-incrimination no deprivation of life or property without "due

process of law" no taking of property without just compensation

Bill of Rights

● Safeguards in judicial process: ● 6. Guarantees of:

Bill of Rights

● Safeguards in judicial process: ● 6. Guarantees of:

speedy, public trial

Bill of Rights

● Safeguards in judicial process: ● 6. Guarantees of:

speedy, public trial to be informed of nature of charges

Bill of Rights

● Safeguards in judicial process: ● 6. Guarantees of:

speedy, public trial to be informed of nature of charges to confront witnesses

Bill of Rights

● Safeguards in judicial process: ● 6. Guarantees of:

speedy, public trial to be informed of nature of charges to confront witnesses to compel witnesses to appear in one's defense

Bill of Rights

● Safeguards in judicial process: ● 6. Guarantees of:

speedy, public trial to be informed of nature of charges to confront witnesses to compel witnesses to appear in one's defense right to legal counsel

Bill of Rights

● Safeguards in judicial process: ● 6. Guarantees of:

speedy, public trial to be informed of nature of charges to confront witnesses to compel witnesses to appear in one's defense right to legal counsel

● 7. Guarantee of trial by jury of one's peers

Bill of Rights

● Safeguards in judicial process: ● 6. Guarantees of:

speedy, public trial to be informed of nature of charges to confront witnesses to compel witnesses to appear in one's defense right to legal counsel

● 7. Guarantee of trial by jury of one's peers● 8. Guarantees against:

Bill of Rights

● Safeguards in judicial process: ● 6. Guarantees of:

speedy, public trial to be informed of nature of charges to confront witnesses to compel witnesses to appear in one's defense right to legal counsel

● 7. Guarantee of trial by jury of one's peers● 8. Guarantees against:

cruel and unusual punishment, excessive bail

Bill of Rights

● Description of unenumerated rights and reserved powers:

Bill of Rights

● Description of unenumerated rights and reserved powers:

● 9. Assurance that rights not listed for protection against the power of the central government are reserved to the people.

Bill of Rights

● Description of unenumerated rights and reserved powers:

● 9. Assurance that rights not listed for protection against the power of the central government are reserved to the people.

● 10. Assurance that the powers not delegated to the central government are reserved to the states or to the people.