Download The Constitution

The Constitution
You think you know…
First a quick review.
The Origins of a New
Nation
• Colonists came to the New World during the
1600s for a variety of reasons including
– to escape religious persecution,
– to find plentiful land,
– and to seek a new start in life.
• The colonists were allowed significant liberties in
terms of self-government, religious practices,
and economic organization.
Trade and Taxation
• The British followed a national policy of
mercantilism.
Mercantilism is an economic theory practice, commonly used
in Europe from the 16th to the 18th century that promoted
governmental regulation of a nation’s economy for the purpose
of augmenting state power at the expense of rival national powers.
• The colonists were outraged. Violent protests
began.
• The Sons of Liberty were organized by
Samuel Adams and Patrick Henry to act out
against the Crown.
First Steps Toward
Independence
• Stamp Act Congress: Included nine of
the thirteen colonies in New York, 1765;
representatives drafted a document for
the king detailing how their rights had
been violated.
• Committees of Correspondence:
Organizations set up in each of the
colonies to provide information about
the British and to help shape public
opinion.
The First Continental
Congress
• The Continental Congress met in
Philadelphia in September and October
1774.
• They were not yet thinking of open
rebellion.
• They called for colonial rights of
petition and assembly, trial by peers,
freedom from a standing army, and the
selection of representative councils to
levy taxes.
The Second
Continental Congress
• King George refused the demands
of the Continental Congress.
• Thus, the Second Continental
Congress convened on May 10,
1775. Members were united in
their hostility toward Britain.
• King George sent 20,000 more
troops and the Revolutionary War
had begun.
Declaration of
Independence
• Written by Thomas Jefferson
• Inspired by John Locke
• D of I opens with Jefferson invoking Locke
philosophy… “Life, liberty, pursuit of
happiness”
• Jefferson continues by listing grievances
against George III for violating inalienable
rights
• declares US independence
British Colonial Rule
Unitary System – all power flows from one central government
Powerful British
Government
Political Subunits
(Colonies)
Articles of Confederation
1781 – 1789 – RIP
Confederate System – power concentrated in political subunits (states)
with a weak central government (typically unite for a common goal)
Constitution
Federal System – powers are divided and/or shared between state
and central governments (Current gov’t designed by framers)
Central US government
State governments
The Constitutional
Convention
• 1787
• Revising the A of C
• Demographics of Delegates
-55 delegates (none from RI)
-33 Lawyers
-half were college graduates
-7 former governors
-7 plantation owners
-8 business leaders
-age 26-81 (avg. age 42)
-all male, all white
Plan
Key Points
The Virginia
Plan
James
Madison
1.
2.
3.
4.
The New
Jersey Plan
William
Paterson
1. Created for fear that legislative representation would be based on
population , allowing more populated states more power
2. Amend, not replace the Articles of Confederation
3. Proposed one vote per state, so that Congress would be
responsible to states. Congress could raise revenue and regulate
commerce; acts of the Congress would be binding to the states
4. Protected small states’ interests while expanding the role of the
national government
The Great
Compromise
or the
Connecticut
Compromise
Oliver
Ellsworth
1. House of Representatives based on population and elected
directly by the people (65 members)
2. Senate composed of two members from each state and elected
by state legislatures
3. Legislation had to be approved by both chambers, so it
reconciled interests of large and small states
Strong national government organized into three branches
Bicameral legislature (one by the people, one by the other house)
Executive (1 term) and judiciary (life) chosen by the legislature
National legislature had supreme power
Ben Franklin’s Speech
Ratification Process
Delaware- December 7, 1787
Pennsylvania - December 12, 1787
New Jersey - December 18, 1787
Georgia - January 2, 1788
Connecticut - January 9, 1788
Massachusetts - February 6, 1788
Maryland - April 28, 1788
South Carolina - May 23, 1788
New Hampshire - June 21, 1788
Virginia - June 25, 1788
New York - July 26, 1788
North Carolina - November 21,
1789
Rhode Island - May 29, 1790
Debating Ratification:
Federalists v. Antifederalists
Why were the Bill of rights
not included in the
constitution?
• The Constitution included liberties before the addition
of the Bill of Rights
1. Writ of habeas corpus may not be suspended
2. No bill of attainder or ex post facto law may be passed
by Congress or states
3. Right of trial by jury guaranteed
4. No religious test for federal office
5. No law impairing contractual obligations
• Most states already had their own bill of rights
• Framers believed that they were creating a
government with limited powers
Fed vs. Anti-Fed
• Ratification – formal approval
• Federalist – in favor of adoption of US
Constitution creating a federal union and
strong central government
• Anti-Federalist – opposed to ratification in
1787, opposed to strong central
government
Federalist Papers
• Annoyingly hard to read
• Best political theory ever written in US
• Written by Alexander Hamilton, James
Madison, and John Jay
• Publius
• Convince public for ratification
Federalist #10
• Madison addresses biggest fear of gov’t
• Faction – a group in a legislature or political
party acting together in pursuit of some
special interest (think fraction – ½, 1/3, etc)
• Founding fathers were concerned that our
government would be ripped apart
• Madison defends our national Constitution
Federalist #10
• Separation of Powers check the growth of
tyranny
• Each branch of government keeps the
other two from gaining too much power
• A republic guards against irresponsible
direct democracy or “common passions”
• Factions will always exist, but must be
managed to not severe from the system.
Federalist #51
• Defends the Constitution
• Explains why a strong gov’t is necessary
– “If men were angels, no government would be
necessary. If angels were to govern men, neither
external nor internal controls on government would be
necessary.”
• Defends separation of powers between
state and national gov’t
Anti-Fed Response
• Central gov’t would threaten liberty
• Aristocratic tyranny could happen
• Demanded a guarantee of individual rights
and liberty
• States power was too limited
Bill of Rights
• 10 amendments to the Constitution
• guaranteed individual freedoms and rights
• limited power of national government,
guaranteed rights to states
• Ratified in 1789, Bill of Rights added 1791
Framers soon realized that the Constitution
would not be ratified by large states without a
promise that a Bill of Rights would soon be
added.
After the ratification of all 13 states, Madison
introduced a set of proposals for the Bill of
Rights to Congress.
Twelve were approved by the Congress and
ten were ratified by the states.
 Regulation on the number of representatives
 No law varying the compensation of Senators
and Representatives during a term
• Article I- Legislative Branch
• Article II- Executive Branch
• Article III- Judicial Branch
• Article IV- Full faith and credit, new states
• Article V- Amendment process
• Article VI-Supremacy clause, oath of
office, no religious test
• Article VII- Ratification process
Amending the
Constitution
• Meant to be difficult
• Require action from national and state gov
• Amendment proposed by 2/3 vote in each
house of Congress and ratified (accepted)
in at least ¾ of state legislatures
Formal
method of
changing the
Constitution
1. Congressional Legislation
2. Presidential Actions
3. Custom and Usage
4. Judicial Review

Marbury v. Madison (1803)
Informal Methods of
Amending the Constitution
• Judicial Interpretation: in Marbury v.
Madison (1803) the Supreme Court
declared that the federal courts had the
power to nullify actions of the national
government if found to be in conflict with the
Constitution.
Madisonian Principles of
Gov’t in the Constitution
• Popular Sovereignty – power to govern
belongs to the people, gov’t based on the
consent of governed
• Limited Government – gov’t is not allpowerful, and it does only what citizens allow
• Federalism – division of power between
central government and individual states
Madisonian Principles of
Gov’t in the Constitution
1. Separation of Powers- political power is divided by three
separate branches of government
2. Checks and Balances- political power in the branches of
government is restrained by other branches
3. Federalism- government authority is divided between the
federal and state governments
Under these principles, government powers are divided into
three broad categories:
1. Enumerated powers
“The different governments will control
2. Reserved powers
each other, at the same time each will be
controlled by itself.” James Madison
3. Concurrent powers
Separation of Powers
Legislative
Executive
Government
Power
Judicial
The Founders
extended the
limits on the
power of the
government
by further
dividing its
powers.
Checks and Balances
The system of check and balances extends the
restrictions established by the separation of
powers.
Each branch of government
has the built-in authority
and responsibility to
restrain the power of the
other two branches. This
system makes government
less efficient, but also
prevents tyranny by one
branch. (p.46)
The Madisonian Model
• The Constitution and the Electoral Process: The
Original Plan (Figure 2.2)
The Madisonian Model
Basic Principles
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