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The Constitution

The Constitution. Colonial Period Articles of Confederation Philadelphia Convention Compromises Federalist/Anti-Federalist Debate. Colonial Period. Colonists shared fear of religious persecution desire for liberty and freedom distrust of government Seven Years War (1755-1763)

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The Constitution

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  1. The Constitution Colonial Period Articles of Confederation Philadelphia Convention Compromises Federalist/Anti-Federalist Debate

  2. Colonial Period • Colonists shared • fear of religious persecution • desire for liberty and freedom • distrust of government • Seven Years War (1755-1763) • British sought tax relief • stamp tax etc. to cover war costs

  3. Colonist Objections • Taxation without representation • Concept based in Locke and social contract • government derives its powers from the consent of the governed • radical idea for the time • What does “consent” mean? How is it manifested? • 1775 Second Continental Congress and Declaration of Independence--severed ties to England

  4. Constitutional Government • To constitute: to establish, to put into force • Establishes rules for exercising political authority • Defines relationship between the people who elect and those elected; reciprocity • Establishes set of legal relationships • Functions of government • Procedures through which functions carried out • Structure of institutions

  5. 1777/81 Articles of Confederation • States agreed to cooperate for limited purposes • Sovereignty in states; not in people • States to send representatives to single house legislature & elect president • Each state is equal • 9 of 13 states must agree to tax themselves • National government for army, navy, treaties, ambassadors

  6. 1777/81 Articles of Confederation • Confederation has no power: • over interstate & foreign commerce: • separate state treaties • separate state tariffs • over state taxes • to coin money • What modern model is like this?

  7. Weakness of Articles • Groups affected differently by weak national government and conditions in 1780s • Small, independent farmers fared o.k. • Those dependent on trade and lenders suffered from economic downturn • 1786: trade meeting called in Annapolis, MD • Shays’ Rebellion (1786) in Massachusetts

  8. 1787 Philadelphia Convention • meetings held in secret • more Federalists attended • went beyond charge to revise Articles • Virginia (Madison--big states) Plan • Strong central government w/ 3 branches--legislative, executive, judiciary (Montesquieu) • 2 houses of Congress; representation tied to population or taxes paid • 1 executive selected by legislature

  9. 1787 Convention (continued) • New Jersey (small states) Plan • single legislature with power to tax and regulate commerce • each state selects its representatives • states are equal • multi-person executive, elected by legislature • acts of legislature binding on states

  10. Colonial Period Population Growth

  11. Principles of Compromise • Republicanism: people are sovereign, not states • Federalism: government divided between states and nation • Separation of powers: legislative, executive & judicial w/ different powers • Checks & balances: each branch has some scrutiny over the other

  12. The Connecticut (Great) Compromise Representation • Bicameral legislature • House proportional to population* • Voting standards set by state • Senate equal for each state • Senators elected by state legislature • One person executive (4 yr. term) • selected by Electoral College • Electors equal to total # of representatives

  13. North-South Compromise Economic dilemma--North gets commerce; South gets slavery (labor for agriculture) • Art. 1, Sect. 2: Representatives & taxes determined by adding to whole no. free persons, 3/5ths of all others…(South totals 41%, 47%, 50%) • Art. 1, Sect. 9: Migration or importation of such persons... not prohibited prior to 1808 • Art. 4, Sect. 2: No person held to service or labor in one state shall be discharged from service in another

  14. The Judiciary • Constitution created Supreme Court to oversee state legislation; rest left to Congress • 1789 Judiciary Act passed by Congress, creating subordinate courts and authorizing Supreme Court to issue writ of mandamus commanding federal officials to carry out the law

  15. Judicial Review • 1803 Marbury v. Madison • 1801 Sec.of State Marshall to deliver judicial commissions of Pres. Adams • Marshall then appointed Chief Justice • Marbury went to Sup. Court for his commission (asked it to issue writ) • Marshall found commission legitimate but Congress’ intrusion into Supreme Court authority unconstitutional & estab. review

  16. Anti-Federalist Position Brutus of New York • National power to tax & “necessary & proper” clause gave Congress complete power over states • Federal government should tax only certain things (like commerce) • Free republic requires small states of like interests • Independent judiciary usurps state powers; threatens judgment by peers

  17. Federalist/Anti-Federalist Debate Federalist Position • Violence of factions united by passion • Public good disregarded in rival conflicts • Measures decided by force of majority • Cure mischief of factions: • Remove the Cause • Control its Effects

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