The Constitution

The Constitution

The Articles of Confederation • 1st national government of America • confederation= loose association of states • confederation = a group of people who ban together for a common purpose

The Articles of Confederationcont’d • Unicameral legislature • One vote per state • No taxation

Weaknesses of the Articles of Confederation • No power to collect taxes • No power to regulate trade • No power to enforce laws • No single leader (president) or group to direct the government • No national court system (Supreme court) • Could not pass laws without the approval of 9 states (3/4ths) • Could not change the articles unless ALL states agreed

Achievements of the Articles of Confederation • The greatest achievement = Northwest Ordinance of 1787 • Set the rules for new territories to become state

Shays’s Rebellion • Unable to collect taxes, the national government had large debts • State governments were also in large debt • This led to high taxes in all the states • Daniel Shays led a uprising in Massachusetts to protest these problems • Shays and 1,200 farmers stormed a federal arsenal in protest of high taxes • The state government put down the rebellion– federal help… no army existed

The Constitutional Convention • Shays’ Rebellion revealed Articles were not working • Needed a stronger national government • Each state sent delegates to Philadelphia…except Rhode Island

Delegates at the Convention • Well educated • White/males • Young, under 40 • Great political experience • Upper class • Key people: Ben Franklin, George Washington, James Madison • Missing: Thomas Jefferson, John Adams, and Patrick Henry

Delegates at the Convention • Eight had signed the Declaration of Independence • 44 had been members of he Continental Congress • All most all had taken part in the Revolution, at least 29 were in the military • George Washington and James Madison were delegates who would become President

Key Decisions • Washington will preside over convention • Must be delegates from at least 7 states to conduct work • All decisions decided by majority vote • All states get 1 vote no matter what size • All decisions will be kept in secret until final document was done • The Articles needed to be replaced

Plans for new Gov’t VIRGINIA PLAN CONNECTICUT PLAN Aka Great Compromise NEW JERSEY PLAN

Plans for the New Government The Virginia Plan • James Madison • Called for three branches of government • Legislative Branch-makes laws • Executive Branch-enforces laws • Judicial Branch-interprets laws • Bicameral legislature (2 houses) • Representation based on population

Plans for the New Government The New Jersey Plan • William Paterson • 3 branches of government • unicameral legislature • Representation was to be equal

The Connecticut Plan –or- Great Compromise • Robert Sherman • 3 branches of government • President • Supreme Court • Bicameral Congress • House of Representatives-based on population • Senate-based on equal representation (2 from each state)

3/5ths Compromise • South wanted slaves to be factored into population count to boost representation • North was opposed • Both sides agreed that 3 out of every 5 slaves would be counted for population numbers for representation • Also agreed that 3 out of every 5 would count for tax purposes

Trade Questions Northern Viewpoint • Wanted congress to regulate both foreign and domestic trade • Felt Congress should have the right to tax exports if necessary Southern Viewpoint • Depended heavily on exports and could not afford to have them taxed • Feared that the north could stop the slave trade if it could tax imports

Slave Trade Compromise • Allowed Congress to control interstate trade • Congress could tax imports • Congress could not tax exports • Slave trade protected until 1808

How to pick a President? Viewpoint 1 • Congress should pick the President • Did not trust the common people to make a good choice • Felt people would be easily influenced by money and advertising • Felt that the nation was to big to campaign effectively

How to pick a President? Viewpoint 2 • People should chose a President • We are a democracy • If we don’t like the President, we vote him out

Electoral College • Indirect method of democracy • State legislatures chose people called electors to pick a President • All electors make up the Electoral College • Each state had 1 elector for each member it had in Congress • All or nothing system

Battle for Ratification Federalists • America was divided on the new Constitution • Those who supported it were called federalists • To win support for the Constitution, Alexander Hamilton, John Jay, and James Madison wrote a series of essays called the Federalists Papers • These papers explained the thought process behind the Constitution • These are our only true records of the intentions of the Founding Fathers

Battle for Ratification Anti-Federalists • Opposed the Constitution • Famous Anti-federalists • Thomas Jefferson • Patrick Henry • Felt that it gave too much power to the federal government • Were also upset that the Constitution lacked a Bill of Rights

Ratification of the Constitution Reaching Agreement • The federalists realized that a Bill of Rights was a good idea • The federalists promised that if the new constitution was adopted, the first thing they would do was add a Bill of Rights • According to another compromise, once 9 states ratified the new constitution, it would go into affect • With this promise in mind, New Hampshire ratified the new Constitution, the ninth state to do so • North Carolina did not ratify the Constitution for another year, only Rhode Island had not ratified at that point

Structure of the Constitution The Constitution has three parts: • Preamble = the introduction • Articles = the body of the Constitution • Amendments = changes made to the Constitution

The Preamble • The opening statement to the Constitution

The Preamble States the purposes of the Constitution: 1) “To form a more perfect union” -to unite the 13 states into one strong government 2) “Establish justice” -create a system of fair laws with a national court system to treat all equally 3) “Insure domestic tranquility” -maintain peace and order and to protect our property 4) “Common defense” -To protect the country from attack 5) “Promote the general welfare” -to help people live healthy, happy, prosperous lives 6) “Secure the blessing of liberty to ourselves and our Posterity” -To guarantee that these rights continue on to all future generations

The Articles • Article I-establishes the Legislative branch (Congress) • Article II-establishes the Executive branch (President) • Article III-establishes the Judicial branch (Supreme Court)

The Articles • Article IV -states must respect the laws of other states and establishes how new states will be created • Article V -establishes the Amendment process • Article VI -The “supremacy clause”, the national government is the supreme law of the land, above the state and local governments. If there is a conflict, the national law must be followed • Article VII -states that the Constitution will go into affect when 9 out 13 states ratify it • Article IV -states must respect the laws of other states and establishes how new states will be created • Article V -establishes the Amendment process • Article VI -The “supremacy clause”, the national government is the supreme law of the land, above the state and local governments. If there is a conflict, the national law must be followed • Article VII -states that the Constitution will go into affect when 9 out 13 states ratify it

The Amendment Process • Keeps the Constitution a “living” document • The process made difficult so that Amendments could not be passed without a great deal of thought and reflection • There are 2 steps: • Proposal • Ratification

The Amendment Process

Interpreting the Constitution The Necessary and Proper Clause (Elastic clause) • Allows Congress to pass laws on topics not specifically mentioned in the Constitution • Aka implied powers • 3 ways to interpret the Constitution: • Loose-Congress may make any laws that are not forbidden by the Constitution • Strict-Congress may only make laws on issues that are specifically mentioned in the Constitution • Founding Fathers- What would the founding fathers do in this situation?

Interpreting the Constitution Through the Courts: • Supreme Court has the ultimate authority to decide what the Constitution means • Each decision changes the way that we interpret the Constitution • Supreme Court listens to public opinion on issues when making decisions • Ex: Plessy v. Fergusson and Brown v. Board ofEducation of Topeka Kansas

Interpreting the Constitution ∆ Congressional & Presidential Actions • Each law passed by Congress is another example of how Congress interprets the meaning of the Constitution ex: Civil rights laws • Presidents set precedents when the make key decisions ex: Tyler taking over the Presidency when William Henry Harrison died

Interpreting the Constitution ∆ Customs & Traditions • Sometimes, traditions that have lasted over time become part of the Constitution even though they are not mentioned in the Constitution • Ex: Political parties • Ex: Presidential cabinet

Principles of the Constitution Popular Sovereignty • The government should be a republic (a government that is created and run by the people) • Supreme power rests with the people • People are able to vote on issues and leaders

Principles of the Constitution Rule of Law • Governments must have limits • Law applies to everyone, even the leaders

Principles of the Constitution Separation of Powers • Divides the powers of government into 3 parts • Prevents any one branch from becoming to powerful • Protects our rights and freedoms

Principles of the Constitution Checks and Balances • Each branch of government watches the other • No one branch of the government can become too powerful • Ex: Congress passes laws, the President must sign the law into effect, and the Supreme Court may rule a law unconstitutional • Ex: Impeachment process

Principles of the Constitution

Principles of the Constitution Federalism • Divides the powers of government between the national and state governments • Enumerated powers = national government • Reserved powers = states • Concurrent powers = shared • The Supremacy Clause states that if there is ever a conflict between a state and federal law, we follow the national law

Principles of the Constitution

The Constitution