THE CONSTITUTION THE CONSTITUTION POLITICS AND COMPROMISES – POLITICS AND COMPROMISES –

AND DEMOCRACY?AND DEMOCRACY?

EUGENIA LANGAN (W/ THANKS TO TONY MILLER)EUGENIA LANGAN (W/ THANKS TO TONY MILLER)MATER ACADEMY CHARTER HIGH SCHOOLMATER ACADEMY CHARTER HIGH SCHOOLHIALEAH GARDENS, FLORIDA HIALEAH GARDENS, FLORIDA

ESSENTIAL QUESTIONS:ESSENTIAL QUESTIONS:

NARROW: NARROW: WHAT COMPROMISES WERE NECESSARY TO WHAT COMPROMISES WERE NECESSARY TO MAKE THE CONSTITUTION AND GET IT MAKE THE CONSTITUTION AND GET IT RATIFIED, AND WHY? RATIFIED, AND WHY? HOW DEMOCRATIC IS THE CONSTITUTION?HOW DEMOCRATIC IS THE CONSTITUTION?

BROAD:BROAD:WHEN AND HOW DID A UNITED STATES WHEN AND HOW DID A UNITED STATES IDENTITY EMERGE?IDENTITY EMERGE?

WHAT WERE THE CAUSES OF THE CIVIL WAR?WHAT WERE THE CAUSES OF THE CIVIL WAR?

RULES CLARIFICATION:RULES CLARIFICATION:

1)1)QUESTIONS IN CLASS – ONLY QUESTIONS IN CLASS – ONLY HIGHER-ORDER ON BLOOM’S HIGHER-ORDER ON BLOOM’S TAXONOMY – NOT MERE FACTS TAXONOMY – NOT MERE FACTS YOU SHOULD KNOW FROM YOU SHOULD KNOW FROM ASSIGNED READINGASSIGNED READING

1)1) ANYONE WHO QUESTIONS MY ANYONE WHO QUESTIONS MY TEACHING STRATEGIES WILL BE TEACHING STRATEGIES WILL BE SENT TO DISCUSS IT WITH MR. SENT TO DISCUSS IT WITH MR. NUNUŇEZŇEZ

BACKGROUND / REVIEWBACKGROUND / REVIEW

STATE SOVEREIGNTY v. FEDERAL STATE SOVEREIGNTY v. FEDERAL SOCIETY IS THE MOST DIVISIVE ISSUE FROM SOCIETY IS THE MOST DIVISIVE ISSUE FROM 1776 THROUGH THE CIVIL WAR1776 THROUGH THE CIVIL WAR

CONCERNS ABOUT STATES LOSING CONCERNS ABOUT STATES LOSING SOVEREIGNTY SOVEREIGNTY MORE THAN ONE-YEAR MORE THAN ONE-YEAR DELAY BETWEEN DECLARATION OF DELAY BETWEEN DECLARATION OF INDEPENDENCE AND CONGRESSIONAL INDEPENDENCE AND CONGRESSIONAL APPROVAL OF FIRST CONSTITUTION – APPROVAL OF FIRST CONSTITUTION – ARTICLE OF CONFEDERATIONARTICLE OF CONFEDERATION

ALSO PART OF REASON FOR MORE THAN ALSO PART OF REASON FOR MORE THAN THREE-YEAR DELAY IN RATIFICATION OF THREE-YEAR DELAY IN RATIFICATION OF ARTICLESARTICLES

ARTICLES OF CONFEDERATION (1781 – ARTICLES OF CONFEDERATION (1781 – 1789)1789)

STATES RETAINED SOVEREIGNTY AND ALL STATES RETAINED SOVEREIGNTY AND ALL GOVERNMENTAL POWERS EXCEPT WHAT THEY GOVERNMENTAL POWERS EXCEPT WHAT THEY CEDED TO CONGRESSCEDED TO CONGRESS

THE ONLY THING THEY CEDED TO THE ONLY THING THEY CEDED TO CONGRESS WAS CONGRESS WAS FOREIGN AFFAIRSFOREIGN AFFAIRS, WAR, , WAR, DIPLOMACY, DIPLOMACY, MAINTAINING THE ARMY, MAINTAINING THE ARMY, CREATING A NAVYCREATING A NAVY

BUT CONGRESS BUT CONGRESS HAD NO POWER TO TAXHAD NO POWER TO TAX

ALSO ALSO NO POWER TO REGULATE COMMERCENO POWER TO REGULATE COMMERCE

A SUPERMAJORITY OF 9 (69.2%) STATES A SUPERMAJORITY OF 9 (69.2%) STATES WAS NEEDED TO APPROVE CONGRESS DOING WAS NEEDED TO APPROVE CONGRESS DOING ANYTHINGANYTHING

ALMOST TOOTHLESS FEDERAL GOVERNMENT ALMOST TOOTHLESS FEDERAL GOVERNMENT (WHICH CONSISTED ONLY OF CONGRESS)(WHICH CONSISTED ONLY OF CONGRESS)

NOT TOTALLY INEFFECTIVE – PASSED LAND NOT TOTALLY INEFFECTIVE – PASSED LAND ORDINANCE OF 1785 AND NORTHWEST ORDINANCE OF 1785 AND NORTHWEST ORDINANCE OF 1787ORDINANCE OF 1787

BUT WEAKNESS OF FEDERAL GOVERNMENT BUT WEAKNESS OF FEDERAL GOVERNMENT MANY PROBLEMS – EXAMPLES:MANY PROBLEMS – EXAMPLES:

CONGRESS COULD NOT PAY REVOLUTIONARY CONGRESS COULD NOT PAY REVOLUTIONARY WAR DEBTWAR DEBT

CONGRESS COULD NOT PAY ARMY CONGRESS COULD NOT PAY ARMY REBELLIONS IN ARMY, NEWBURGH CONSPIRACY REBELLIONS IN ARMY, NEWBURGH CONSPIRACY (1783) AND LATER, SHAY’S REBELLION (1783) AND LATER, SHAY’S REBELLION

CONGRESS COULD NOT AFFORD TO CONGRESS COULD NOT AFFORD TO ESTABLISH A NAVY ESTABLISH A NAVY

COULD NOT PROTECT MERCHANT FLEET COULD NOT PROTECT MERCHANT FLEET AMONG OTHER THINGS, PAYING “TRIBUTE” TO AMONG OTHER THINGS, PAYING “TRIBUTE” TO BARBARY PIRATES FOR RIGHT TO TRADE IN BARBARY PIRATES FOR RIGHT TO TRADE IN MEDITERRANEAN (TRIBUTE MEDITERRANEAN (TRIBUTE ≈ ≈ 20%20% OF ANNUAL OF ANNUAL FEDERAL $$ BY 1800)FEDERAL $$ BY 1800)

1818THTH C. MAP SHOWING C. MAP SHOWING “BARBARY COAST” OF N. “BARBARY COAST” OF N. AFRICAAFRICA

““PIRATES” FROM OTTOMAN PIRATES” FROM OTTOMAN N. AFRICA DEMANDED $$ FOR N. AFRICA DEMANDED $$ FOR RIGHT TO SAIL IN RIGHT TO SAIL IN MEDITERRANEANMEDITERRANEAN

SEE THE “TREATY OF PEACE SEE THE “TREATY OF PEACE AND FRIENDSHIP” IN THE AND FRIENDSHIP” IN THE PRIMARY SOURCE SUPP. I PRIMARY SOURCE SUPP. I GAVE YOUGAVE YOU

WITHOUT A NAVY, U.S. COULD DO WITHOUT A NAVY, U.S. COULD DO NOTHING WHEN SPAIN CLOSED MISSISSIPPI NOTHING WHEN SPAIN CLOSED MISSISSIPPI RIVER TO U.S. SHIPPING)RIVER TO U.S. SHIPPING)

ONLYONLY WAY FARMERS IN WAY FARMERS IN NORTHWEST TERRITORY NORTHWEST TERRITORY COULD GET THEIR COULD GET THEIR GRAIN TO SEA WAS GRAIN TO SEA WAS DOWN THE OHIO R. TO DOWN THE OHIO R. TO MISSISSIPPI R. TO NEW MISSISSIPPI R. TO NEW ORLEANSORLEANS

THERE WAS CONSIDERABLE THERE WAS CONSIDERABLE “SELF HELP” BY FARMERS IN “SELF HELP” BY FARMERS IN WESTERN TERRITORIESWESTERN TERRITORIES

(NOT UNTIL PINCKNEY’S TREATY OF 1795, WHEN SPAIN WAS (NOT UNTIL PINCKNEY’S TREATY OF 1795, WHEN SPAIN WAS ON THE ROPES FROM NAPOLEONIC WARS, DID U.S. REGAIN ON THE ROPES FROM NAPOLEONIC WARS, DID U.S. REGAIN RIGHT OF DEPOSIT AT NEW ORLEANS)RIGHT OF DEPOSIT AT NEW ORLEANS)

“ “BALKANIZATION” (AHISTORICAL TERM BALKANIZATION” (AHISTORICAL TERM BUT APT: THE SOVEREIGN STATES WERE BUT APT: THE SOVEREIGN STATES WERE DOING THINGS LIKE:DOING THINGS LIKE:

IMPOSING TARIFFS ON GOODS FROM IMPOSING TARIFFS ON GOODS FROM OTHER STATES - EXAMPLE, N.Y. TARIFFS ON OTHER STATES - EXAMPLE, N.Y. TARIFFS ON CABBAGES FROM N.J. AND FIREWOOD FROM CABBAGES FROM N.J. AND FIREWOOD FROM CONN.CONN.

ISSUING PAPER CURRENCY (DEFLATED OR ISSUING PAPER CURRENCY (DEFLATED OR WORTHLESS, LIKE CONTINENTALS DURING WORTHLESS, LIKE CONTINENTALS DURING REVOLUTION)REVOLUTION)

ECONOMY A MESS!ECONOMY A MESS!

ESTIMATED MARKET VALUE OF U.S EXPORTS TO GREAT BRITAIN/ POPULATION

EXPORTS POPULATIONYear (in thousands) (in thousands)1770 $3,248 2,1481771 5,978 2,2111772 5,078 2,2751773 4,960 2,3351774 4,842 2,4001775 6,555 2,4631784 4,429 3,2361785 4,901 3,3511786 4,134 3,4611787 4,488 3,5761788 4,901 3,6881789 4,901 3,8081790 4,905 3,9291791 4,724 4,0561792 4,311 4,194

SHOWS DECLINING PER CAPITA INCOME, GROSS DOMESTIC PRODUCT (GDP)SHOWS DECLINING PER CAPITA INCOME, GROSS DOMESTIC PRODUCT (GDP)

MARYLAND CAPITOL, ANNAPOLIS (1772) – SITE OF THE ANNAPOLIS MARYLAND CAPITOL, ANNAPOLIS (1772) – SITE OF THE ANNAPOLIS CONVENTIONCONVENTION

SHAYS’ REBELLION, 1786-1787SHAYS’ REBELLION, 1786-1787

ARMED REBELLIONARMED REBELLION

BY > 1,000BY > 1,000

MASS. FARMERSMASS. FARMERS

OVER TAXES ANDOVER TAXES AND

RESULTING FORE-RESULTING FORE-

CLOSURES.CLOSURES.

MOST WERE REV.MOST WERE REV.

WAR VETS – WAR VETS –

UNPAIDUNPAID

MAIN BATTLES MAIN BATTLES

JAN. – FEB. ‘87JAN. – FEB. ‘87

THE CONSTITUTIONAL CONVENTION , THE CONSTITUTIONAL CONVENTION , PHILADELPHIA, INDEPENDENCE HALL, MAY – PHILADELPHIA, INDEPENDENCE HALL, MAY – SEPTEMBER 1787SEPTEMBER 1787

ALL STATES EXCEPT RHODE ISLAND SENT ALL STATES EXCEPT RHODE ISLAND SENT DELEGATESDELEGATES

DELEGATES ONLY AUTHORIZED TO DELEGATES ONLY AUTHORIZED TO AMEND ARTICLES OF CONFEDERATIONAMEND ARTICLES OF CONFEDERATION

DEMOCRACY?DEMOCRACY?

NO PUBLIC JOURNAL WAS KEPT (BUT NO PUBLIC JOURNAL WAS KEPT (BUT JAMES MADISON TOOK MINUTES)JAMES MADISON TOOK MINUTES)

ARMED GUARD POST POSTED AT DOORARMED GUARD POST POSTED AT DOOR

INDEPENDENCE HALL/ CONSTITUTIONAL CONVENTIONINDEPENDENCE HALL/ CONSTITUTIONAL CONVENTION

JAMES MADISON (“LITTLE JEMMY”)(1651 – JAMES MADISON (“LITTLE JEMMY”)(1651 – 1836) 1836) “THE FATHER OF THE CONSTITUTION “ “THE FATHER OF THE CONSTITUTION “ -- ITS MAIN AUTHOR-- ITS MAIN AUTHOR

ALEXANDER HAMILTON AND JOHN ALEXANDER HAMILTON AND JOHN ADAMS ALSO WORKED ON LANGUAGE OF ADAMS ALSO WORKED ON LANGUAGE OF CONSTITUTIONCONSTITUTION

THE MAIN ISSUES:THE MAIN ISSUES:

1.1.SOVEREIGNTY – FEDERALISM - SOVEREIGNTY – FEDERALISM - CONSTITUTION DID NOT RESOLVE THIS CONSTITUTION DID NOT RESOLVE THIS

2.2. APPORTIONMENT -- # OF REPRESENTATIVES APPORTIONMENT -- # OF REPRESENTATIVES IN CONGRESS: “BIG” (SOUTHERN IN CONGRESS: “BIG” (SOUTHERN PLANTATION) STATES v. “SMALL” STATES PLANTATION) STATES v. “SMALL” STATES (OTHERS)(OTHERS)

3.3.HOW MUCH DEMOCRACY?HOW MUCH DEMOCRACY?

4.4. SLAVERY SLAVERY

THE THREE PLANS PROPOSED AT THE THREE PLANS PROPOSED AT CONSTITUTIONAL CONVENTION DIFFERED ON CONSTITUTIONAL CONVENTION DIFFERED ON MOST OF THESE ISSUESMOST OF THESE ISSUES

1)1) THE VIRGINIA PLAN (“BIG STATES”) THE VIRGINIA PLAN (“BIG STATES”) INTRODUCED MAY 29, 1787 BY EDMUND INTRODUCED MAY 29, 1787 BY EDMUND RANDOLPHRANDOLPH

BICAMERAL LEGISLATURE – LOWERBICAMERAL LEGISLATURE – LOWERHOUSE ELECTED, UPPER ELECTED BY HOUSE ELECTED, UPPER ELECTED BY LOWER HOUSELOWER HOUSE

APPORTIONMENT: IN BOTH HOUSES, APPORTIONMENT: IN BOTH HOUSES, REPRESENTATION BASED ON EITHER # FREE REPRESENTATION BASED ON EITHER # FREE WHITE CITIZENS, OR WHITE CITIZENS, OR AMOUNT OF TAXES AMOUNT OF TAXES PAID BY STATEPAID BY STATE

““NATIONAL EXECUTIVE” – NOT NATIONAL EXECUTIVE” – NOT INDEPENDENT. ELECTED BY LOWER HOUSE, INDEPENDENT. ELECTED BY LOWER HOUSE, TERM LIMITS. WITH NATIONAL JUDICIARY TERM LIMITS. WITH NATIONAL JUDICIARY COULD VETO LAWS. COULD VETO LAWS.

2.2. THE NEW JERSEY (“SMALL STATE”) PLAN, THE NEW JERSEY (“SMALL STATE”) PLAN, INTRODUCED BY WILLIAM PATERSON JUNE INTRODUCED BY WILLIAM PATERSON JUNE 15, 1787.15, 1787.

NO CHANGE IN CONGRESS/ NO CHANGE IN CONGRESS/ APPORTIONMENT: UNICAMERAL, ALL APPORTIONMENT: UNICAMERAL, ALL STATES HAVE SAME # REPRESENTATIVESSTATES HAVE SAME # REPRESENTATIVES

TAXES APPORTIONED ON BASIS OFTAXES APPORTIONED ON BASIS OF# OF FREE WHITE PERSONS & # OF FREE WHITE PERSONS & INDENTURED SERVANTS + 3/5INDENTURED SERVANTS + 3/5OF “OTHER PERSONS” – BUT NOT INDIANSOF “OTHER PERSONS” – BUT NOT INDIANS

EXECUTIVE COMMITTEE – NOT INDEPENDENT, EXECUTIVE COMMITTEE – NOT INDEPENDENT, ELECTED BY CONGRESS, TERM LIMITSELECTED BY CONGRESS, TERM LIMITS

3.3. THE HAMILTON (“BRITISH”) PLAN, THE HAMILTON (“BRITISH”) PLAN, PROPOSED JUNE 18, 1787PROPOSED JUNE 18, 1787

BICAMERAL LEGISLATURE W/ ASSEMBLY BICAMERAL LEGISLATURE W/ ASSEMBLY AND SENATE.AND SENATE.

ASSEMBLY POPULARLY ELECTED, ASSEMBLY POPULARLY ELECTED, SENATE ELECTED BY “ELECTORS” WITHIN SENATE ELECTED BY “ELECTORS” WITHIN DISTRICTSDISTRICTS

EXECUTIVE – “GOVERNOR” – ELECTED BY EXECUTIVE – “GOVERNOR” – ELECTED BY SAME ELECTORS AS SENATE – LIFE TERMSAME ELECTORS AS SENATE – LIFE TERM

THE COMPROMISESTHE COMPROMISES

1.1.““THE GREAT COMPROMISE” AKA “THE THE GREAT COMPROMISE” AKA “THE CONNECTICUT COMPROMISE – PROPOSED BY CONNECTICUT COMPROMISE – PROPOSED BY ROGER SHERMAN OF CONNECTICUTROGER SHERMAN OF CONNECTICUT

BICAMERAL LEGISLATURE – HOUSE ANDBICAMERAL LEGISLATURE – HOUSE ANDSENATE. (VA., HAMILTON) .SENATE. (VA., HAMILTON) .

APPORTIONMENT: REPRESENTATION INAPPORTIONMENT: REPRESENTATION INHOUSE BASED ON POPULATION (BUT SEE 3/5 HOUSE BASED ON POPULATION (BUT SEE 3/5 COMPROMISE); EACH STATE HAS TWO SENATORSCOMPROMISE); EACH STATE HAS TWO SENATORS DEMOCRACY: HOUSE ELECTED, SENATE DEMOCRACY: HOUSE ELECTED, SENATE APPOINTED BY STATE LEGISLATURE. APPOINTED BY STATE LEGISLATURE.

HOUSE MEMBERS 2=YEAR TERMS, SENATORS HOUSE MEMBERS 2=YEAR TERMS, SENATORS STAGGERED 6-YEAR TERMS (NO MORE THAN 1/3 STAGGERED 6-YEAR TERMS (NO MORE THAN 1/3 CAN BE BOOTED OUT OF OFFICE IN ANY ELECTION)CAN BE BOOTED OUT OF OFFICE IN ANY ELECTION)

ALL IN ARTICLE IALL IN ARTICLE I

PRESIDENT HAS 4-YEAR TERMS (VA., PRESIDENT HAS 4-YEAR TERMS (VA., N.J.) BUT INDEPENDENT – ELECTED BY N.J.) BUT INDEPENDENT – ELECTED BY ELECTORAL COLLEGE (HAMILTON) – ELECTORAL COLLEGE (HAMILTON) – ARTICLE IIARTICLE II

JUDICIAL BRANCH ALSO INDEPENDENT – JUDICIAL BRANCH ALSO INDEPENDENT – APPOINTED BY PRESIDENT, CONFIRMED BY APPOINTED BY PRESIDENT, CONFIRMED BY SENATE (UNELECTED OFFICERS!), LIFE SENATE (UNELECTED OFFICERS!), LIFE TERMS (“GOOD BEHAVIOUR”) – TERMS (“GOOD BEHAVIOUR”) – ARTICLE IIIARTICLE III

2.2.THE THREE-FIFTHS COMPROMISE – THE THREE-FIFTHS COMPROMISE – APPORTIONMENT OF REPRESENTATION AND APPORTIONMENT OF REPRESENTATION AND TAXES – “POPULATION” = FREE WHITE TAXES – “POPULATION” = FREE WHITE PERSONS + INDENTURED SERVANTS + 3/5 PERSONS + INDENTURED SERVANTS + 3/5 OF “OTHER PERSONS” BUT NOT INDIANS OF “OTHER PERSONS” BUT NOT INDIANS (NJ) – (NJ) – ARTICLE IARTICLE I

3.3. ““COMMERCE COMPROMISE” (ART. I § 8 ¶ COMMERCE COMPROMISE” (ART. I § 8 ¶ 1) CONGRESS CAN TAX IMPORTS, BUT 1) CONGRESS CAN TAX IMPORTS, BUT NOT EXPORTS NOT EXPORTS

NOTE GENERAL TAX POWER IS NOTE GENERAL TAX POWER IS LIMITED BY “ALL TAXES MUST BE LIMITED BY “ALL TAXES MUST BE UNIFORM THROUGHOUT THE UNITED UNIFORM THROUGHOUT THE UNITED STATES” STATES” NO INCOME TAX NO INCOME TAX

4.4. SLAVERY:SLAVERY:A.A. 3/5 COMPROMISE, 3/5 COMPROMISE, SUPRASUPRA

B. CONGRESS COULD NOT BAN SLAVE B. CONGRESS COULD NOT BAN SLAVE TRADE UNTIL 1808 (BUT COULD IMPOSE TRADE UNTIL 1808 (BUT COULD IMPOSE $10 TAX PER IMPORTED SLAVE (ART I § 9).$10 TAX PER IMPORTED SLAVE (ART I § 9).

C. FUGITIVE SLAVE CLAUSE (ART. IV § 2 ¶ 3) C. FUGITIVE SLAVE CLAUSE (ART. IV § 2 ¶ 3)

POWERS GRANTED TO CONGRESS (ART I § 8)POWERS GRANTED TO CONGRESS (ART I § 8)

ENUMERATED POWERS:ENUMERATED POWERS: TAX TAX REGULATE INTERSTATE AND FOREIGN REGULATE INTERSTATE AND FOREIGN

COMMERCE COMMERCE 16 MORE, INCLUDING DECLARING WAR, 16 MORE, INCLUDING DECLARING WAR,

COINING $, NATURALIZATION +COINING $, NATURALIZATION +

¶ ¶ 18 “NECESSARY AND PROPER” CLAUSE 18 “NECESSARY AND PROPER” CLAUSE AKAAKA

““ELASTIC” CLAUSEELASTIC” CLAUSE

SOVEREIGNTY – FEDERALISM:SOVEREIGNTY – FEDERALISM:

THE SUPREMACY CLAUSE (ART. VI ¶ 2): THE SUPREMACY CLAUSE (ART. VI ¶ 2): “THIS CONSTITUTION, AND THE LAWS OF THE “THIS CONSTITUTION, AND THE LAWS OF THE UNITED STATES MADE IN PURSUANCE UNITED STATES MADE IN PURSUANCE THEREOF . . . SHALL BE THE SUPREME LAW OF THEREOF . . . SHALL BE THE SUPREME LAW OF THE LAND.”THE LAND.”

DIDN’T RESOLVE SOVEREIGNTY ISSUE DIDN’T RESOLVE SOVEREIGNTY ISSUE BECAUSE IT DEPENDS ON WHAT POWERS BECAUSE IT DEPENDS ON WHAT POWERS FEDERAL GOVERNMENT HAS (ESP. CONGRESS) FEDERAL GOVERNMENT HAS (ESP. CONGRESS) AND THAT DEPENDS ON WHETHER THE AND THAT DEPENDS ON WHETHER THE POWERS ARE CONSTRUED POWERS ARE CONSTRUED STRICTLY OR STRICTLY OR LIBERALLYLIBERALLY

STRICT VERSUS LIBERAL STRICT VERSUS LIBERAL CONSTRUCTIONCONSTRUCTION

STRICT: INTERPRETS ENUMERATED STRICT: INTERPRETS ENUMERATED POWERS AND NECESSARY AND POWERS AND NECESSARY AND PROPER CLAUSE NARROWLY, PROPER CLAUSE NARROWLY, LITERALLYLITERALLY

LIBERAL: BROAD INTERPRETATION OF LIBERAL: BROAD INTERPRETATION OF ENUMERATED POWERS AND ENUMERATED POWERS AND NECESSARY AND PROPER CLAUSE – NECESSARY AND PROPER CLAUSE – BEYOND SPECIFIC WORDINGBEYOND SPECIFIC WORDING

SIGNING THE CONSTITUTION – IN FACT, ONLY 39 SIGNING THE CONSTITUTION – IN FACT, ONLY 39 OF THE 55 DELEGATES SIGNED ITOF THE 55 DELEGATES SIGNED IT

RATIFICATION (1787 – 88)RATIFICATION (1787 – 88)

2/3’S OF STATES REQUIRED2/3’S OF STATES REQUIRED SPECIAL ELECTIONS FOR DELEGATES SPECIAL ELECTIONS FOR DELEGATES

TO STATE CONVENTIONSTO STATE CONVENTIONS ““FEDERALISTS” VERSUS FEDERALISTS” VERSUS

““ANTI-FEDERALISTS”ANTI-FEDERALISTS” THE FEDERALISTTHE FEDERALIST

The FederalistThe Federalist 85 ESSAYS IN NY PAPERS85 ESSAYS IN NY PAPERS

ARGUING FOR RATIFICATIONARGUING FOR RATIFICATION

OHN JAYOHN JAY SIGNED “PUBLIUS,”SIGNED “PUBLIUS,”

WRITTEN BY HAMILTON,WRITTEN BY HAMILTON,

MADISON AND JOHN JAYMADISON AND JOHN JAY

THEY ARE THE MOSTTHEY ARE THE MOST

IMPORTANT AUTHORITY ONIMPORTANT AUTHORITY ON

THE MEANING OF THETHE MEANING OF THE

CONSTITUTIONCONSTITUTION

BILL OF RIGHTS: NONE WAS INCLUDED AT CONVENTION

THE FEDERALIST ARGUED NONE WAS NECESSARY (HAMILTON SAID FEDERAL GOVERNMENT HAD NO POWER TO DEPRIVE CITIZENS OF THEIR NATURAL RIGHTS(NOT WHAT HE REALLY THOUGHT!)

BUT MOST STATES WOULD NOT RATIFY CONSTITUTION WITHOUT A BILL OF RIGHTS, SO MADISON WROTE ONE (AMENDMENTS 1 -10)

Bill of RightsBill of Rights

Amendment IAmendment I Congress shall make no law respecting an establishment of Congress shall make no law respecting an establishment of

religion, or prohibiting the free exercise thereof; or abridging the religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a peaceably to assemble, and to petition the government for a redress of grievances.redress of grievances.

Amendment IIAmendment II A well regulated militia, being necessary to the security of a free A well regulated militia, being necessary to the security of a free

state, the right of the people to keep and bear arms, shall not be state, the right of the people to keep and bear arms, shall not be infringed. infringed.

Amendment IIIAmendment III No soldier shall, in time of peace be quartered in any house, No soldier shall, in time of peace be quartered in any house,

without the consent of the owner, nor in time of war, but in a without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. manner to be prescribed by law.

Amendment IVAmendment IV The right of the people to be secure in their persons, houses, The right of the people to be secure in their persons, houses,

papers, and effects, against unreasonable searches and seizures, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to describing the place to be searched, and the persons or things to be seized. be seized.

Amendment VAmendment V No person shall be held to answer for a capital, or otherwise No person shall be held to answer for a capital, or otherwise

infamous crime, unless on a presentment or indictment of a grand infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. property be taken for public use, without just compensation.

•Amendment VIAmendment VI In all criminal prosecutions, the accused shall enjoy the right to a In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. assistance of counsel for his defense. •Amendment VIIAmendment VII In suits at common law, where the value in controversy shall In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the court of the United States, than according to the rules of the common law. common law. •Amendment VIIIAmendment VIII Excessive bail shall not be required, nor excessive fines imposed, Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. nor cruel and unusual punishments inflicted. •Amendment IXAmendment IX The enumeration in the Constitution, of certain rights, shall not The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. be construed to deny or disparage others retained by the people. •Amendment XAmendment X The powers not delegated to the United States by the The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.states respectively, or to the people.

NOTE THE 10NOTE THE 10THTH AMENDMENT PRESERVES AMENDMENT PRESERVES SOME SOME STATE SOVEREIGNTY:STATE SOVEREIGNTY:““ THE POWERS NOT DELEGATED TO THE UNITED STATES BY THE CONSTITUTION, NOR PROHIBITED BY IT TO THE STATES, ARE RESERVED TO THE STATES RESPECTIVELY, OR TO THE PEOPLE”

BUT HOW MUCH STATE SOVEREIGNTY DEPENDS ON STRICT CONSTRUCTION V. LIBERAL CONSTRUCTION OF POWERS OF FEDERAL GOVERNMENT!

APRIL 30, 1789 – GEORGE WASHINGTON APRIL 30, 1789 – GEORGE WASHINGTON TAKES THE OATH AS FIRST PRESIDENT OF THE TAKES THE OATH AS FIRST PRESIDENT OF THE UNITED STATESUNITED STATES

““HIS EXCELLENCY”HIS EXCELLENCY”

PRESIDENT FOR LIFE?PRESIDENT FOR LIFE? 4 YEAR TERM BUT4 YEAR TERM BUT

NO LIMIT ONNO LIMIT ON

NUMBER OF TERMS!NUMBER OF TERMS!

POLITICAL CARTOON, 1789: “LAUNCHING THE POLITICAL CARTOON, 1789: “LAUNCHING THE SHIP OF STATE”SHIP OF STATE”

CHARLES A. BEARDCHARLES A. BEARD

WHAT DOES HOWARD ZINN SAY WHAT DOES HOWARD ZINN SAY ABOUT BEARD’S THESISABOUT BEARD’S THESIS??

ALEXANDER HAMILTON, FIRST SECRETARY OF TREASURY

“FOUNDING WIZARD”

Legacy?Legacy?

"There is an elegant memorial in "There is an elegant memorial in Washington to Jefferson, but none to Washington to Jefferson, but none to Hamilton.  However, if you seek Hamilton.  However, if you seek Hamilton's monument, look around.  Hamilton's monument, look around.  You are living in it.  We honor You are living in it.  We honor Jefferson, but live in Hamilton's Jefferson, but live in Hamilton's country, a mighty industrial nation country, a mighty industrial nation with a strong central government.“with a strong central government.“

George Will, 1992George Will, 1992

SOME MONUMENTS TO HAMILTON: THE U.S. TREASURY – AND A STATUE OF HIM THERE