Chapter 2The Constitution

Colonial America

• Colonists establish English-based political systems and traditions

• House of Burgesses (1619)– First elected Representative body in Virginia

• Mayflower Compact (1620)– Social contract for common good/survival– Not a Constitution

• Fundamental Orders of Connecticut (1639)

– First written constitution– Outlined individual rights

• Despite various origins, colonists adapt to English-based political systems

Colonial Resistance

• Ideological Arguments– Taxation without representation– Virtual representation

• First Continental Congress (1774)– Declaration of Rights and Grievances– Petition to the King

• Second Continental Congress (1775)– Lexington and Concord - 1775– Olive Branch Petition – asked the king to stop hostilities– Common Sense (1776) Thomas Paine– Declaration of Independence (1776)– Articles of Confederation (1777) – A League of Friendship

Declaration of Independence• Based largely on Locke’s ideas• “We hold these truths to be self-evident, that

all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”

Basic Tenets of Democracy

• Personal Liberty – Perhaps the most important characteristic– Fourteenth Amendment – due process

• Political Equality– One man, one vote– But not all are politically equal

• Popular Sovereignty– The ultimate authority rests with the people

• Popular Consent– We agree to be governed and accept majority rule

• Civil Society– We can engage in open discussion either individually or in a group

Articles of Confederation

• Americans wanted direct democracy – the people, rather than elected officials, make the decisions - Republic

• Written in 1777 finally ratified in 1781

• Established a confederation or league of friendship among the states

• Unicameral national legislature; NO executive or judicial branches

• Equal representation of each state with one vote

• 9 of 13 states required to pass legislation

• Unanimous votes to amend the Articles

Articles of ConfederationPowers and Limits

• COULD– Borrow money

– Create army and navy

– Declare war

– Establish post offices

– Form treaties

• COULD NOT– Tax states, citizens,

goods, income

– Institute a draft

– Regulate commerce

– Regulate national currency

Weaknesses of AOC1. One vote for each state regardless of size2. Unicameral legislature3. Congress powerless to lay and collect taxes4. Congress powerless to regulate foreign and

interstate commerce5. No Executive Branch to enforce the acts of

Congress6. No Judicial Branch or national court system7. Amendments only with the consent of ALL 13

states8. A 9/13 majority required to pass laws9. Only a “firm league of friendship” among states

The Articles of Confederation

1781 • Continued to be problematic

– WHY?• The National Government was weak• LACK OF CENTRAL POWER

– No unified currency (states had different currency)

– Taxes were confusing (states began taxing each other)

– Land disagreements between states– Trade disputes between states

Articles of ConfederationThe Good and The Bad

• Accomplishments– Treaty of Paris

– Land Ordinance of 1785

– Northwest Ordinance of 1787

• Failures– Economic conflicts

between states

– Depressions

– Foreign trade

– Shays’s Rebellion (1786-1787)

• Massachusetts farmers

Shays’ Rebellion (1786)

• Daniel Shays organized group of farmers to close MA state supreme courts to avoid farm foreclosures due to heavy taxes

• Result: Rebellion was put down by militia but awakened need for stronger central government

• Turning point proving new constitution was needed

• Constitution Convention: Philadelphia, Summer 1787

• Who was there? – men involved in public

affairs, war veterans, wealthy

– not there: Rhode Island refused to send delegates

The Framers, Founders, Fathers

Constitutional Convention• Shays’ Rebellion accentuated the weaknesses of the Articles

of Confederation• Annapolis Convention in 1786 called for a delegation of all

states in Philadelphia• 55 delegates from all states except Rhode Island

– Well-educated men of means• Designed to modify or rectify the Articles of Confederation

– Eventually decided to discard the AOC entirely for a new constitution establish a federal republic with the separation of powers and checks and balances

The Fundamental Tension in Government:

What do you value?

How will Congress be divided?

SOLUTION: Connecticut Compromise

SENATE=2 per state

HOUSE=population based

Virginia Plan New Jersey Plan

“Big State” “Small State”• Bicameral Legislature

– Lower house elected by people

– Upper house chosen by lower house nominated by state legislatures

• Proportional representation in each house

• Single one-term executive chosen by Congress

• Congress chose judges

• Unicameral Legislature– State legislatures chose

representatives

• Equal representation• Congress chose

executives• Executives appointed

judges

The Great Compromise akaThe Connecticut Compromise

• Bicameral Legislature– Lower House - House of Representatives

• Proportional representation based on state’s population

• Popularly elected

– Upper House - Senate• Equal representation with two senators per state• Elected by state legislatures

• Next debate was should slaves be counted in the population?– Southern states demanded that slaves be counted

so they would have more representatives in the House of Representatives

– Northern states wanted slaves counted for taxation purposes but not for representation

– 3/5 Compromise: 3/5 of slaves would be counted for representation and taxation

– (Disappeared in Constitution in 1865 with 13th Amendment)

• Slave Trade Compromise– Slave trade would be banned after 20 years in 1808

Purpose of the United States Constitution

Created:September 17, 1787

1. Popular 1. Popular Sovereignty:Sovereignty:

Gov’t can only govern w/ consent

of people

3. Separation of 3. Separation of Powers:Powers:

Power is divided among gov’t

branches

4. Checks and 4. Checks and Balances:Balances:

Each branch of gov. checks the

power of another

5. Judicial Review:5. Judicial Review:The courts decide

whether gov’t acts according to the Constitution

6. Federalism:6. Federalism:Division of power between national

and local governments

2. Limited 2. Limited Government:Government:

Gov’t is not all powerful, must act within law

Guarantees to the States

• The Constitution guarantees three things to the states:1. Each state must have a republican form of government (elect representatives)2. Each state must be protected from invasion3. The national government must respect the territorial integrity of each state

Constitutional Breakdown

• Article I - Congress

• Article II - President

• Article III - Judiciary

• Article IV - Federalism

• Article V - Amendments

• Article VI - Supremacy

• Article VII - Ratification

The Preamble• Lists the Reasons the Constitution was written

“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 to ourselves and our posterity, do ordain and establish this Constitution of the United States of America. “

United States ConstitutionArticles I, II, III

Article I• The Legislative Branch

– Can raise and spend revenue– Can borrow money (Bonds)– Naturalization (citizenship)– Can coin money– Can establish Federal courts– Declare war

“All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and a House of Representatives.”

Article II• The Executive Branch

– Discusses the basics of the Presidency• Veto power• Commander-in-chief of the military• Appointments (must be approved by two-thirds of the

senators present)• Can grant pardons• Must give an annual State of the Union address

“The Executive power shall be vested in the President of the United States of America.”

Article III

• The Judicial Branch– Lists the functions of the branch: Interpretation

• Judicial Review: power to strike down laws and govt. actions

• Checks both Congress and the president

“The judicial power of the United States shall be vested in on Supreme Court, and in such inferior courts as Congress may from time to time ordain and establish. The judges, both of the Supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office.”

Marbury v. Madison (1803)

• The Marshall Court under Chief Justice John Marshall, a Federalist• Judicial question of an Act of Congress (Judiciary Act of 1789) and

the Constitution (Article III)• Marshall ruled an Act of Congress cannot trump the Constitution• Established the concept of JUDICIAL REVIEW

– Supreme Court determines the constitutionality of a law or official act

– Judicial Review is nowhere found in Article III regarding the Judicial Branch nor anywhere else in the Constitution

• Full Faith and Credit Clause– States must recognize laws of other states

• Privileges and Immunities Clause– No discrimination of non-resident citizens– Interstate travel permitted

• Interstate Rendition Clause– Extraditions

• Interstate Compacts– Commercial or legal relationships between states with

congressional approval

Article IV

Article V• Amending the Constitution

– 4 methods• Proposed in Congress by a 2/3 majority in BOTH

Houses and ratified by ¾ of States (26/27)• Proposed in Congress by a 2/3 majority in BOTH

houses and ratified by ¾ State Conventions (21st)• Proposed by a National Convention called by

Congress when requested by 2/3 of State Legislatures

• Proposed by a National Convention and ratified by Conventions

Amendment ProcessArticle V

Article VI: National Supremacy• Supremacy Clause

– The Constitution is the “supreme law of the land”

• McCulloch v. Maryland (1819)– Bank of the United States constitutional under Necessary

and Proper Clause– Maryland could not tax the Bank

• Gibbons v. Ogden (1824)– Expanded Commerce Clause

• Court upheld Congressional power over interstate commerce

• Abelman v. Booth (1859)– State courts can’t overrule Federal laws – states could not

stop U.S. Marshalls enforcing the Fugitive Slave Act

Ratification

• Ratification of the Constitution required 9 of 13 states

• Led to the debates between the Federalists and the Anti-Federalists

• Eventually, the Constitution was ratified on June 21, 1788

• Delaware, Pennsylvania, New Jersey, Georgia, Connecticut, Massachusetts, Maryland, South Carolina, New Hampshire, Virginia, New York, North Carolina, Rhode Island

GREAT DEBATE DEVELOPS OVER RATIFICATION

The FederalistsVS.The

Anti-federalists

AKA: Pro-Constitution

Vs.Anti-constitution

Leaders•Feds: •Alexander Hamilton•James Madison•John Adams•John Marshall

Anti-Feds: •Thomas Jefferson•James Monroe•Patrick Henry

FEDERALISTS• Anglophiles – Hamilton, Adams

• Very strong in the north and east

• Favored trade, especially with Britain

• Rule of the elite

• Believed a STRONG NATIONAL government was needed: to control anarchy, protect new nation from enemies abroad, and solve nation’s problems

• AOC was too weak

• In favor of new constitution (vs AOC)

ANTI-FEDERALISTs• Francophiles - Jefferson

• Strong in the west and the south

• Believed economic success was from farmers

• Opposed ratification process

• Rule by the common man

• No mention of God

• Feared too much power given to central government

• Wanted a BILL OF RIGHTS!!

How did it Pass?

2/3 of the States had to RATIFY the constitution • NY and Virginia do not ratify until later

– Problem because they were large, powerful states

• The Federalist Papers– 85 essays written by John Jay, Alexander Hamilton, and

James Madison to convince the larger states to pass the Constitution

– Federalists promised to add B.O.R. if ratified

Federalists Papers

• Federalist #10– Madison argued that the new government

would be too large to be controlled by any one interest group or faction

• Federalist #51– The separation of powers would prevent any

one branch from dominating

How did it Pass?• Ratification

– The Constitution was ratified in 1789– Delaware was the first state to ratify before the large states

could change their mind about equal representation– Washington elected first president 1789– The Amendment process was intentionally made a

complicated process, so people couldn’t alter the Constitution – (listed in Article V)

– BILL OF RIGHTS (First 10 Amendments) added in 1791– Only 17 other Amendments have been added