The Constitution

1. The Constitution Objectives: Explain how the weaknesses of the Articles of Confederation laid the groundwork for the Constitution Evaluate how the Constitutional Convention dealt with issues of equality Summarize the major compromises of the Constitutional Convention Bell Ringer: Articles of Confederation (handout) Agenda: Finish up Chapter 1 The Constitution Homework: Summer assignments due next class Chapter 2 Overview/Reading Quiz Second Treatise of Government – JohnLocke Enlightenment Thinkers (Extra credit) due 09/23 and 09/24

2. Origins of the Constitution • The Enlightenment • The English Heritage: The Power of Ideas • Natural rights: rights inherent in human beings, not dependent on government • Consent of the governed: government derives its authority by sanction of the people • Limited Government: certain restrictions should be placed on government to protect natural rights of citizens

3. Origins of the Constitution • Winning Independence • In 1783, the American colonies prevailed in their war against England. • The “Conservative” Revolution • Restored rights the colonists felt they had lost • Not a major change of lifestyles

4. The Government That Failed • The Articles of Confederation • The first document to govern the United States, it was adopted in 1777 and ratified in 1781. • It established a confederation, a “league of friendship and perpetual union” among 13 states and former colonies. • Congress had few powers; there was no president or national court system.

5. Problems with the Articles of Confederation • No money, no power to get it • No national currency • States no longer under Britain’s protection nor could they trade with them • Congress had few powers • No executive or judicial branches • Governmental power rested with the states

6. The Government that Failed

7. The Government That Failed • Economic Turmoil • Postwar depression left farmers unable to pay debts • State legislatures sympathetic to farmers and passed laws that favored debtors over creditors • Shays’ Rebellion • Series of attacks on courthouses by a small band of farmers led by Revolutionary War Captain Daniel Shays to block foreclosure proceedings. • Economic elite concerned about Articles’ inability to limit these violations of individual’s property rights

8. They agreed that the Articles of Confederation weren’t working… now what?! • Decided to revise the Articles • Proceedings supposed to be secret, did not want outside pressure • Some, including James Madison and Alexander Hamilton wanted something new • After five days they realized they needed to start all over again

9. The Framers • 8 signed Declaration of Independence • 30 served in the Continental Congress • 6 signed the Articles of Confederation • 8 part of constitutional conventions in own states • 7 had been or were still state governors • 39 had been members of Continental Congress, Congress of Confederation, or both • 31 had attended college (rare) • 4 over sixty years old • Nearly half were in their thirties • 5 under the age of thirty

10. Who was there? James Madison Alexander Hamilton Benjamin Franklin George Washington

11. and… Gov. Morris Patrick Henry George Mason Who wasn’t there? Thomas Jefferson John Adams

12. The Virginia Plan • Proposed by Edmund Randolph • Bicameral legislature • Representation based on population • Voters choose members of the House • Choose members of the Senate from a list of people nominated by their State legislature • Congress keeps powers it had under the Articles, but also get… • Power to make laws for states, override state laws, force states to obey national laws • Congress chooses members of judicial branch and the President

13. The New Jersey Plan • William Patterson proposed • Three branches • Unicameral legislature • Equal representation in Congress, just like under the Articles • Congress chooses several people to serve in the executive branch • Kept many features of the Articles of Confederation

14. The Great Compromise • AKA the Connecticut Compromise • Proposed by Roger Sherman of Connecticut • Bicameral legislature • Representation in the House based on population • In the Senate, each state gets two senators

15. Done?! Nope,there was a problem… • Southerners wanted slaves counted in the population to increase representation • Northerners protested • 3/5 of the number of slaves counted in the population figures (taxation and representation) • Became known as the 3/5 Compromise • Battled over whether slavery could continue • Agreed not to interfere for at least 20 years

16. The Agenda in Philadelphia

17. The Madisonian Model • To prevent a tyranny of the majority, Madison proposed a government of: • Limiting Majority Control • Separating Powers • Creating Checks and Balances • Establishing a Federal System

18. “A bundle of Compromises” • Great because everyone gets something they want. • Bad because no one gets everything they want.

19. Finally they agreed on a plan! • Took some time to work out the details • Final document signed on September 17, 1787 • Now the plan had to be submitted to the states for approval

20. “a Civil war may result from the present crisis… In Massachusetts… there are two parties, one devoted to Democracy, the worst… of all political evils, the other as violent in the opposite extreme…for this and other reasons…the plan should have been proposed in a more mediating shape.” Elbridge Gerry

21. The Anti-Federalists

22. Ratifying the Constitution • Ratification • Lacking majority support, the Federalists specified that the Constitution be ratified by state conventions, not state legislatures. • Delaware first ratified the Constitution on December 7, 1787. • New Hampshire’s approval (the ninth state to ratify) made the Constitution official six months later.

23. Problems with the Constitution • Done in secret, meetings closed to the public. • Undermine a republican form of government. • Too much power to national government, took power from the state governments. • Too much power to executive branch, less to the other branches. • Allowed for a standing army in peacetime. • No bill of rights.

24. Don’t need a strong national government! • Strong nat’l government threatens people’s natural rights. • Constitution was created by an elite and privileged group who wanted to protect their own interests. • National government too far away from the states to know what they needed.

25. We need a bill of rights! • Only the House of Reps chosen directly by the people. • Federal government could use their power to violate citizens’ rights. • Federal government’s powers vague, give almost unlimited power (necessary & proper clause). • If people’s rights aren’t addressed, the government can violate them more easily. • Became the main argument against ratification. • The Revolutionary War which was fought to secure rights for the people was still fresh in their minds.

26. The Federalists

27. “…every member [of the convention] should sign. A few characters of consequence, by opposing or even refusing to sign the Constitution, might do infinite mischief…No man’s ideas were more remote from the plan than [mine are] known to be; but is it possible to deliberate between anarchy… on one side, and the chance of good to be expected from the plan on the other?”Alexander Hamilton

28. The Federalist Dilemma • Knew states would not agree to give up their powers. • Decided to ask voters if Constitution should be ratified. • Ratifying conventions would be held in every state with delegates elected by popular vote. • The people were asked how they felt about the Constitution (social contract, consent of the governed). • Debate fierce in New York • “The Federalist” were essays written by James Madison, Alexander Hamilton & John Jay. Tried to convince New Yorkers to support ratification.

29. Federalist response to the Anti-Federalists 1. Civic virtue can’t be relied to protect basic rights. • Hard to get people or governments to put aside what they want for the common good. • How government is organized will protect basic rights. • Separation of powers and checks and balances have built in protections. 3. Representation of different interests in the government will protect basic rights. • Different branches have different expertise and focus.

30. We don’t need a bill of rights ! • Complexity of the government and the diversity of the nation protect rights. • Constitution does protect certain rights (trial by jury, bills of attainder, ex post facto laws). • Don’t need a bill of rights when the people are in charge of running the nation. • Government has specific powers, no need to list the rights the government has no power to violate. • Most state constitutions had bills of rights, but the states violated citizen’s rights anyway.

31. Ratifying the Constitution • Federalist Papers • A collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison under the name “Publius” to defend the Constitution • Bill of Rights • The first 10 amendments to the U.S. Constitution, drafted in response to some of the Anti-Federalist concerns about the lack of basic liberties

32. Another compromise • By June 1788 nine states had voted to ratify, but not Virginia or New York. • Compromise - if the Constitution ratified, during the first meeting of Congress a bill of rights would be created. • Bill of rights was to list rights of citizens the government couldn’t violate.

33. Push for the last states to ratify • After a heated debate, Virginia voted to ratify on June 25, 1788. It passed by ten votes. • New York ratified in late July and won with only a three vote majority. • By the time Rhode Island & North Carolina voted to ratify the Constitution it had taken effect over a year earlier.

34. The New Government Takes Effect • On March 4, 1789 the new Congress held its first session in New York City. • George Washington took the oath of office and became the nation’s first president on April 30, 1789.

35. The Constitution • The Constitution sets out the basic principles upon which government in the United States was built. • The Constitution is a fairly brief document. • The Constitution is organized into eight sections: 1. The Preamble 2. 7 articles 3. 27 amendments

36. The Importance of Flexibility • The Constitution is short, with fewer than 8,000 words. • It does not prescribe every detail. • There is no mention of congressional committees or independent regulatory commissions. • The Constitution is not static, but flexible for future generations to determine their own needs.

37. PreamblePurposes for the Government • To establish a more perfect union • To establish justice • To ensure domestic tranquility • To provide for the common defense • To promote the general welfare • To secure the blessings of liberty

38. Articles of the Constitution

39. Popular Sovereignty/Consent of the Governed People are the only source of governmental power. (aka popular sovereignty) John Locke

40. Limited Government The government may only do those things that the people have given it the power to do National Government May not: • violate the Bill of Rights • impose export taxes among states • use money from the Treasury without the passage and approval of appropriations bills • change state boundaries State Government May not: • enter into treaties with other countries • print money • tax imports or exports • impair obligations of contracts • suspend a person's rights without due process John Locke Thomas Hobbes

41. Separation of Powers Government is divided into three branches- executive, legislative, and judicial. Baron de Montesquieu

42. A government structure whereby each branch of government exercises some control on the others Checks and Balances

43. Powers are divided between the national and state governments Federalism

44. The Constitution of the United States of America is supreme and all individuals are accountable under the law Rule of law

45. Ratifying the Constitution

46. Constitutional Change

47. Constitutional Change • The Informal Process of Constitutional Change • Judicial Interpretation • Marbury v. Madison (1803): judicial review • Changing Political Practice • Technology • Increasing Demands on Policymakers

48. Understanding the Constitution • The Constitution and Democracy • The Constitution is rarely described as democratic. • There has been a gradual democratization of the Constitution. • The Constitution and the Scope of Government • Much of the Constitution reinforces individualism and provides multiple access points for citizens. • It also encourages stalemate and limits government.

49. Amending the Constitution • The Constitution provides for its own amendment—that is, for changes in its written words. • Article V sets out two methods for the proposal and two methods for the ratification of constitutional amendments, creating four possible methods of formal amendment.

50. Amendments to the Constitution Collectively, the first ten amendments are known as the Bill of Rights.They set out many of our basic freedoms.