The Constitution

1. The Constitution Chapter 2

2. Constitution • Definition • A nation’s basic law. It creates political institutions, allocates powers in government, and provides certain guarantees to citizens. • Sets the broad rules of the game. • More of an outline, rules are not super specific • The rules are not neutral • Some participants have advantages that others don’t.

3. What caused the Revolution? • Colonists believed that their rights as Englishmen were being violated by such acts as ‘no taxation without representation’ from Parliament • Founders justified the Revolution by arguing that the British King and Parliament routinely violated the ‘unwritten’ (not codified in one document) British Constitution. • When the British refer to the term constitution, they are referring to their collective legal traditions, including: the Magna Carta of 1215, the English Bill of Rights of 1687, Acts of Parliament, and the collective decisions of the British Courts (known as the common law).

4. Declaration of Independence (1776) July 4, 1776

5. Declaration of Independence • Thomas Jefferson primary author, 4th of July, 1776 • Outlined a general philosophy of government that justifies revolution when government harms natural rights: • “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 (natural rights).” • “That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed (social contract), --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” • 2nd part listed abuses by King George III, the specific reasons for independence

6. John Locke’s influence • The Second Treatise of Civil Government (1689) • Social Contract • Natural rights • Consent of the governed • Limited Government – does not have “divine rights,” there is a higher level of authority. • Government must • Protect natural rights • Provide standing laws • Protect property • The “Conservative” Revolution • Restored rights the colonists felt they had lost • Not a major change of lifestyles

7. What was the 1st government of the US and why did it fail?

8. The Articles of Confederation, 1781-1789 • The first document to govern the US • Power rested with the states • An over-reaction to the central control the British Empire tried to impose on the colonies • Failed because the central government did not have enough power • Congress had few powers • Unicameral legislature, one voter per state • Needed 9/13 votes to pass a law • Needed 13/13 votes to amend the document • Could not levy (force) taxes from states • Could not regulate commerce (trade), establish a common currency, or pay off the war debt • Could not raise an army • No president (executive branch) or judiciary branch

10. Shays’ Rebellion, 1786-’87 • Economic Turmoil • Post war depression • States had different currencies • Massive inflation • National could not repay war debts • Shays’ Rebellion • A series of attacks on Massachusetts’s courthouses by a small band of farmers led by Revolutionary War Captain Daniel Shays to block foreclosure proceedings • Showed the weaknesses of the Articles of Confederation and signaled their demise • Led to the Constitution

11. How was the Constitution made in Philadelphia in 1787? • Gentlemen in Philadelphia • 55 men from 12 of the 13 states (Like Washington, Hamilton, & Adams) • Mostly wealthy planters & merchants (the elite), the poor were not represented • Most were college graduates with some political experience • Many were coastal residents from the larger cities, not the rural areas • James Madison was the father of the Constitution • Went there to amend the Articles, but ended up making a new government

12. No Thomas Jefferson!

13. Philosophy into Action • Founders had wide differences in beliefs, but agreed on the Enlightenment ideas of: • Human Nature – man required restraint (Thomas Hobbes, man was inherently evil), no one person can have too much power • Political Conflict stems from the haves in conflict with the have-nots: it’s all about distribution of wealth. Factions (groups). • Object of Government – protect property (Locke) • Best form of sustainable Government – balanced power (Montesquieu)

14. Political Themes of the Constitution • Popular Sovereignty: The people are the ultimate source of power, achieved through elections • Representative government (indirect democracy) • Limited government • Federalism (DIVISION of power between states and the central government) • Separation of Powers (3 branches of gov.) • Checks and Balances Separation of Powers

15. Outline of the Constitution • Preamble: We the people of the United States… • Article 1: Legislative Branch • Article 2: Executive Branch • Article 3: Judicial Branch • Article 4: States roles • Article 5: How to add Amendments • Article 6: Supremacy Clause • Article 7: How to ratify it

16. What compromises were made at the Convention? How should representation work in Congress? • Virginia (Large state or Madison) Plan • Should be based on state’s population • New Jersey (Small state or Patterson) Plan • Should be based on statehood, like in the Articles of Confederation • Great Compromise (Connecticut or Sherman Plan) • #1 issue at the Convention • Mixed the 2 plans, bicameral legislature, upper house the New Jersey plan, Senate, and the lower house, Virginia Plan, House of Representatives

18. Slavery Should slaves count towards population for voting and tax purposes? • 3/5 compromise (does not mean slaves can vote) • Could ban the slave TRADE (not slavery) in 20 years after ratification • Fugitive Slave Act • Expected slavery to die off in future generations, direct issue avoided for the sake of unity

19. Questions • Q. If there were 2 million people in South Carolina and of that 2 million 1 million were slaves and 1 million were free, then what was their population for representation and tax purposes?

20. Answers • 1,600,000 people because 1 million free plus 600,000 enslaved. • (3/5 * 1,000,000 = 600,000)

21. Questions • Q. For representation purposes, would a person from South Carolina who wants to have the most power possible for their state, would they want there to be a 0/5, 3/5, or 5/5 clause in the Constitution?

22. Answers • 5/5 clause because those who did vote would be even more powerful (Would want a 0/5 clause for taxation)

23. Questions • Q. Of the 1 million slaves in South Carolina, how many slaves in South Carolina could vote because of the 3/5 clause?

24. Answers • 0, because slaves cannot vote, their vote does not count for 3/5 of a vote or anything like that. States got to decide who voted and they did not let slaves vote.

25. Presidency • How powerful should the president be and who elects them? • 4 year term • Electoral college selects instead of a direct vote by the people

26. Suffrage • Who was allowed to vote? • States will get to decide • Most decide its people that own land, they have a stake in society

27. Show video of the Man Show

28. The Individual Rights Issues (Civil Liberties) • What protections do the people have from the abuses of government? • Some were written into the Constitution: • Writ of habeas corpus • No bills of attainder • No ex post facto laws • Religious qualifications for holding office prohibited • Strict rules of evidence for conviction of treason • Right to trial by jury in criminal cases • Some were not specified • Freedom of speech / expression • Rights of the accused

30. How was power divided up? • Separation of Powers (Refers to the federal level mostly) • Prevents an all-powerful ruling body • Legislature – passes law (Congress) • Executive – enforces law (President) • Judiciary – interprets law (Supreme Court) • Established a Federal System • Created Checks and Balances

31. Please do the charts on pages 48-49, chart on page 47 helps

32. Page 48 answers • E • L • J • L • E • L • J • L • E (suggest, not intro) • J • L • E • L • L • E

33. Page 49 answers

34. What different types of powers are in the Constitution? • Expressed or Enumerated Powers (delegated) • Spelled out listed powers in the Constitution given to Congress • Article I, Section 8 • 1:  The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; • 2:  To borrow Money on the credit of the United States; • 3:  To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; (Commerce Clause) • 4:  To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States; • 5:  To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures; • 6:  To provide for the Punishment of counterfeiting the Securities and current Coin of the United States; • 7:  To establish Post Offices and post Roads; • 8:  To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

35. 9:  To constitute Tribunals inferior to the supreme Court; • 10:  To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations; • 11:  To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; • 12:  To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; • 13:  To provide and maintain a Navy; • 14:  To make Rules for the Government and Regulation of the land and naval Forces; • 15:  To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; • 16:  To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress; • 17:  To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;--And • 18:  To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. (Necessary and Proper Clause, Elastic Clause, Most important one of all)

36. Rank the 18 Powers on the board

37. Implied Powers • Powers that we can deduce by applying the necessary and proper clause to the enumerated powers • Examples: A national bank, a military draft • Inherent Powers • Powers that the federal government has by its very nature of existing • Examples: Regulating immigration, Acquiring territory, and giving diplomatic recognition...

38. Concurrent Powers • Powers both the federal & state governments have • Examples: tax, borrow, have courts • Reserved Powers • Powers reserved for the states • Examples: 10th Amendment, traditionally was education, morals and values, give out professional licenses and voting

39. Denied Powers • Powers denied to government • Examples: • National level • Tax trade between states & anything in the Bill of Rights • State level • Coin money or make treaties with other nations • Both • Grant titles of nobility, pass ex post facto laws

40. “Democracy is two wolves and a lamb voting on what to have for lunch.”-Ben Franklin How does the Constitution protect the lamb?

41. How did the Constitution limit democracy? (majoritarianism) • Executive Branch • President elected by the electoral college, not a direct vote of the people (changed in 1830’s) • EC allocated by seats in the House, each presidential elector would exercise independent judgment when voting, thus be informed voters • Judicial Branch • Judges appointed by the President and confirmed by the Senate (both offices with no direct tie to the people) • Serve for life • Legislative Branch • Senate elected by the state legislatures (changed, 17th Amendment) • House of Representatives only body with a direct tie to the people, direct elections, and then only a limited group of people can vote (property owners)

42. Civil Liberties protect certain individual, minority rights, like habeas corpus • Separation of powers • Checks and balances • Laws were hard to pass on purpose (must get by the House, Senate, & President), wanted slow, gradual change • The Constitution was not a democratic document • The Beard Thesis argues that it was written to protect the financial interests of the Founders

43. How was the Constitution ratified? • Federalists (For the Constitution, found more in the East, Washington, Hamilton, Madison… ) Vs. • Anti-Federalists (Against the Constitution, thought it would take away people’s rights and concentrated too much power in the hands of a few people, found in the rural West more, Patrick Henry & Samuel Adams) • Needed 9/13 states to ratify it to take affect

44. Federalist Papers A collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison under the pen name “Publius” to defend the Constitution and convince the people of NY to persuade their state delegation to ratify the Constitution.

45. “It has been frequently remarked, that it seems to have been reserved to the people of this country, by their conduct and example, to decide the important question, whether societies of men are really capable or not, of establishing good government from reflection and choice, or whether they are forever destined to depend, for their political constitutions, on accident and force.”

46. Federalist #10 • Madison addressed the biggest fear that a republic could not work on a large scale because factions would take over this form of government • Faction – a group in a legislature or political party acting together in pursuit of some special interest (think fraction – ½, 1/3, etc) instead of the good of the whole • Liberty is to faction what air is to fire

47. Federalist #10 • Madison argued that this large scale system would cancel out competing factions • Separation of Powers would check the growth of tyranny • Each branch of government would keep the other two from gaining too much power • A republic would guard against irresponsible direct democracy (mobocracy) • Factions will always exist, but this system will control them.

48. Federalist #51 • Ambition must be made to counteract ambition. • If men were angels, no government would be necessary. • What does this one say from your packet? • Read pages 45-47

49. Bill of Rights • Authored by James Madison • First 10 Amendments of the Constitution • Specifically defines many individual freedoms, like free speech • Added to calm the fears of the Anti-Federalists • After this, enough people were convinced to ratify the Constitution

50. How do you amend the Constitution? • 2 step process: • Proposed • 2/3 vote of Congress (also used), or • 2/3 of state legislatures asking Congress for a national convention (never used) • Ratification • ¾ of state legislatures approve (26/27) • Conventions in ¾ of states approve (Only used for 21st, prohibition)