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The Constitution and the Founding

This comprehensive overview explores the purpose of the U.S. Constitution, its foundational principles, and the challenges faced by the Articles of Confederation. Key topics include the Virginia and New Jersey Plans, the Great Compromise, and the essential features of federalism, separation of powers, and checks and balances. The document also examines the debates between Federalists and Anti-Federalists about liberty and government power, complemented by landmark cases like McCulloch v. Maryland. Finally, it discusses the adaptability of the Constitution through amendments and assesses its democratic nature.

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The Constitution and the Founding

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  1. The Constitution and the Founding • Purpose of a Constitution?

  2. The Articles of Confederation – Adopted November, 1777 • Little more than a loose alliance between the states • Specific Features

  3. Articles of Confederation • Other problems: • Economic Conditions • Political Conditions

  4. The Problem: How best to secure liberty? How much power should government have? Proposal One: The Virginia Plan Proposal Two: The New Jersey Plan The Great Compromise

  5. Principles embodied in the Constitution • Popular Consent • Rule of Law • Republicanism • National Supremacy (Supremacy Clause – Article VI) • Federalism • Separation of powers • Checks and Balances

  6. Examples of Checks & Balances • Congress – How can Congress check the powers of the other branches? • President – How can the President check the powers of the other two? • Supreme Court – How can the Court check the powers of the other two?

  7. Background: James Madison and the “Federalist Papers” • Factions and the “tyranny of the majority” • Solution:

  8. Federalists versus Anti-federalists • How is liberty best achieved?

  9. Powers granted by the Constitution • Delegated • Reserved • Implied • Affirmed in McCulloch v. Maryland (1819)

  10. Specific Limitations placed upon the Federal Government • Cannot suspend writ of habeus corpus • Cannot pass a bill of attainder • Cannot pass an ex post facto law

  11. Changing the Constitution

  12. The Missouri Constitution • 1820 • 1865 • 1875 • 1945

  13. How Democratic is our Constitution?

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