Download Background to US Constitution

AMENDING THE
CONSTITUTION
I.
Proposal Stage
2/3 Vote of both House and Senate
OR
Convention called by Congress at the
request of 2/3 of state legislatures
I.
Ratification Stage
3/4 of state legislatures OR
3/4 of state ratifying conventions
“Democratizing” Amendments
• 13th - 1865 - Abolishes slavery
• 14th - 1868 - African Americans are citizens,
equal protection, removes 3/5 compromise
• 15th - 1870 - Extends vote to African
Americans
• 17th - 1913 - Direct election of Senators
• 19th - 1920 - Extends suffrage to women
• 24th - 1964- Abolishes poll taxes
• 26th - 1971 - Extends suffrage to 18 yr olds
Federalists versus
Antifederalists
• Federalist papers (pen name Publius:
Madison, Hamilton and Jay)
• Antifederalists wrote as Brutus and the
Federal Farmer
• Demographics: Feds were large property
owners, merchants from Northeast and Midatlantic states
• Antifeds were small farmers, shopkeepers,
laborers
What did Antifederalists
believe?
• Wanted one single legislative body
• Rotation
• Keep power close to people (stronger
state governments, weaker national
gov’t, small electoral districts/more
representatives to truly represent views
of the people, frequent election)
GOT BILL OF RIGHTS
What did Federalists believe?
• Articles of Confederation insufficient
• Strengthen national government but
feared tyranny of majority especially by
unpropertied
• HOW DID THEY ARGUE THEIR
CASE?
Federalists’ argument
• 1. government will fall apart if we don’t
give it more power
• 2. States will actually have more power
in the new system
• 3. scientific style of argument:
axioms and logical necessity - “a sound
and unbiased mind would find these
maxims irrestistible”
Behind the science of
politics/logical arguments
• Beardian thesis (Charles Beard, wrote
book published 1913 called Economic
Interpretation of the Constitution):
Supporters of Constitution represented
a distinct class of people – merchants,
shippers, bankers, speculators, holders
of government securities.
Behind the science of
politics/logical arguments
• Opponents represented individuals
whose economic interests were tied to
the land –farmers, plantation owners,
and debtors –would lose economically
from the new Constitution so opposed it.
• People involved in trade, commerce
would benefit while Western
landowners, slaveowners wouldn’t.
• One study (McGuire and Ohsfeldt)
looked at how delegates to the
Constitutional Convention voted on
whether or not to ratify the constitution.
• Indeed found that people voted based
on economic interests – e.g. delegates
who were merchants more likely to
support, slaveowners 40 percent less
likely to support ratification
Gordon Wood response to
economic interpretation
• Wood is a historian who argued that the
Constitution reflects not just economic
interests but ideals and values –
Gordon Wood response to
economic interpretation
• Government grounded in consent,
contract
• So Wood takes “ideas” of those who
wrote Constitution seriously (ideas like
the social contract, individual rights) –
felt they had achieved something
worthy, created a lasting union based
on 1) rep. democracy, 2) checks and
balances and separation of powers
Federalism
• UNITARY
• CONFEDERATION
• HYBRID
How are powers divided
• Enumerated powers
• Implied powers
• Inherent powers