A Look at the ConstitutionLeading up to
CreatingOutlining
Enlightenment
The Revolution was taking place during a time called the Enlightenment. › Challenge traditional ideals› Took root in US colonies and became
dominant political and philosophical thought Reason Natural Law Progress Liberty Toleration
Articles of Confederation
“Firm league of friendship” with each state retaining “its sovereignty, freedom, and independence.”
Main problems:› No power to levy taxes› No executive or judicial branch› Could not regulate trade or promote
commerce; no central currency (no central economy)
› Amendments had to be unanimous
Pushing over the Edge
Shays’s Rebellion› Massachusetts farmers were losing land
because they could not pay their debts with hard currency
› Demanded relief and wider circulation of paper money but were denied
› Farmers forced judges to close their courts› Scared leaders into calling for a meeting to
correct some fundamental problems
National Assembly
12 states sent delegation to Philadelphia› Rhode Island refused
55 delegates “sole and express purpose” of revising the
Articles of Confederation› One week in they started a whole new Constitution
Shared Ideas› Human Nature› Political Conflict› Purpose of Government› Nature of Government
Great Compromise(Connecticut Plan)
Biggest debate was over representation (surprise!)› Gave us bicameral legislature› House = population representation› Senate = equal represenatation
Virginia Plan› Bicameral legislature based on representation› The House selected the Senate. Both houses
selected the President and Judges New Jersey Plan
› Unicameral – each state had equal representatives
3/5th Compromise
“free persons” and “3/5th of all other persons” should be counted for representation AND taxation
13th amendment eliminated the compromise Southern Position
› Owned 90% of slaves, making up 30% of population
Northern Position› Some had moral opposition to slavery› Most saw slaves as property – why not count
cattle and horses?
The Preamble
1. Fix problems with Articles while maintaining purpose of Declaration
2. Includes six goals of government:“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.”
Article I – Legislative Branch
-Congress is given leaders, organization, and 17 duties
Contains the Elastic ClauseCongress is given instructions to “make all Laws which shall be necessary and proper”
Article I is lengthy, and Congress has adopted many practices that are not contained in the Article.Ex. Committee systems
Section 9: Writ of Habeas Corpus- People cannot be held without being able to answer to charges, unless public safety requires it.
Article II – Executive Branch
Article describes the process known as the Electoral College** Most of this section was amended by the 12th AmendmentDiscusses the Powers of the President (3)A. Command the militaryB. Deal with Foreign NationsC. Pick Heads of Departments
Article III – Judicial Branch
Federal Court system is established with lower courts if needed. Judges’ salaries are guaranteed.Carefully defines treason.
Article IV – State Powers
States must give various laws of other states “Full Faith and Credit.”
Ex. Gay Marriage; Extradition for the Death Penalty
States are guaranteed protection by Congress, but President can step in if Legislature cannot be convened.
Ex. Lincoln suspended Habeas Corpus in Maryland
Article V – Amending the Constitution
States that amendments may be proposed in two ways
A. 2/3 votes by each house of CongressB. 2/3 of states legislatures can request that
Congress can call for a national convention
*** No amendments have been passed by the second method.
Article VI – Supremacy
“The Supremacy Clause”Meaning: Establishes the Constitution as the supreme law of the land
Government must also: Honor prior debts of the nation Government leaders don’t have to
make religious oaths
Article VII - Ratification
9 of the 13 states ratified the Constitution in 1788
Waited for Virginia and New York to hold state elections. Once ratified it went into effect.
North Carolina reversed its decision and ratified in 1789.
Rhode Island, the one state that did not ratify, finally did in 1791.
The Bill of Rights
Anti-Federalists fought the ratification of the Constitution – the major sticking point was the lack of clear limits to federal power.
Federalist agreed to the Bill of Rights once the new Congress was formed in 1789.
Amendment #1: Freedom of Speech, Press, Assembly, Petition, and Religion
Amendment #2: Right to Bare Arms
Amendment #3: Protection from Quartering Troops
Amendment #4: Protection from Unreasonable Search and Seizure
Amendment #5: Due Process, Self-Incrimination, and Double Jeopardy
Amendment #6: Right to a Speedy and Public Trial
Amendment #7: Right to a Trial by Jury
Amendment #8: Protection against Cruel and Unusual Punishment/Excessive Bail
Amendment #9: Rights Protected by the Constitution
Amendment #10: States Rights over Federal Rights (Reserved Powers)