Download US Constitution

To start our class on the
US Constitution
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In preparing the US Constitution, before any of
the details of gov could even be discussed
there had to be a larger understanding of what
human nature was like, as this would be the
foundation on which the Constitution would
rest. Which of these 2 views do you believe
more in and why?
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Human beings are basically good and act for the
common good.
Human beings act only in their own self interest and
if left to their own devices, would become corrupt.
Background to CC
Philadelphia
 12/13 represented
 Secrecy
 Foundational Beliefs?
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Rights?
Constitutional Debates:
Representation
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James Madison - “Virginia Plan”
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federalist – (a strong national government)
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3 branches – executive, judicial, and legislative
Bicameral legislative – voters chose the lower, lower
chooses the upper
“New Jersey Plan”
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Unicameral – all states would be equally
represented
Compromises:
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Great Compromise – Roger Sherman
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Settled dispute between Virginia and NJ
Bicameral system - two types of representation
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Greatest Compromise
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Lower house – based on population
Upper house – all have an equal share
Slaves will count as 3/5 of a person
Concessions related to slavery:
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Slave trade could exist until 1807
Slave owners could cross state lines for runaways
Conflict resulted from America’s fear:
Federalists
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Replace Articles
 Strong central government
 People act in their own
interests
 Irrational
 Republic
 Strong economy
 Elite, merchants
Anti-federalists
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Keep Articles
 Strong state governments
 People act on behalf of the
common good
 Rational
 Democracy
 Farmers
Approval of the Constitution
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9 out of 13
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Federalists
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delegates made decisions in private
States rights were being diminished
New system resembled a monarchy
strong national government that would assure a sound
currency and protect property rights
(Wealthy merchants, planters, and lawyers)
Anti-federalists
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feared a powerful national government – they didn’t like that:
How can these differences be resolved?
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An anonymous figure called “Cato” said:
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“For what did you throw off the yoke of Britain and call
yourselves independent? Was it from a disposition fond of
change, or to procure new masters? This new form of
national government will be dangerous to your liberty and
happiness.” (Boyer 150).
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Federalist Papers
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Bill of Rights
The Constitution is passed
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9 state votes are achieved, North Carolina and Rhode Island
reject the vote, but are forced to accept it…New York and
Virginia did not ratify
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So who cares?
Separation of Powers
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Legislative
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Executive
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Sees laws are carried out
Judicial
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Creates laws
Interprets them and punishes lawbreakers
Designed to keep the federal government from
getting too powerful
Supremacy Clause
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“this Constitution, and the laws…and all
treaties…of the United States, shall be
the supreme law of the land”
Checks and Balances
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Each branch has the ability to restrain the
powers of the other two
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President can veto bills passed
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President negotiates and enters into Treaties
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Congress can hold hearings to review implementation of
law
President nominates Supreme Court Judges
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Senate ratify’s presidential treaties
President influences through State of the Union –
and what’s “necessary and expedient”
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Congress can override presidential veto
Senate gives “advice and consent”
Congress can impeach and remove.
Federalism’s Divisions
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Delegated
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federal government
Issues that concern all people
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Reserved
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Coin money, regulate trade, raise an army
Any power not granted to federal gov or denied to the
state gov is the power of the state
Schools, elections, marriage laws
Concurrent
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Held jointly
Taxes, public welfare
Amendments
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We have them.
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It is pretty impressive they built room for
growth and change… that is forethought!
Structure of Constitution:
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Preamble:
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“We the People of the United States, in Order to
form a more perfect Union, establish Justice, insure
domestic Tranquility, provide for the common
defense, promote the general Welfare, and secure
the Blessings of Liberty to ourselves and our
Posterity, do ordain and establish this Constitution
for the United States of America”
WOW – Smell that Social Contract Theory?
Structure of Constitution Con’t:
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Article I: Legislative Explanation
Article II: Executive Explanation
Article III: Judicial Explanation
Article IV: relationship between state and
federal government
Article V: Amendment process
Article VI: Among others, Constitution is
supreme law of the land
Article VII: Ratification – 9/13
Amendments: Bill of Rights … then 17 more
Individual Liberty:
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Civil liberties – rights as individuals against the power of the
government
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Ex post facto law – cannot be punished if after doing something it
is made illegal
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Bill of attainder – punished by fine, imprisonment or seizure of
property without a court trial – no more!
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Writ of Habeas Corpus – must release someone from prison
unless formally charged or convicted
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Should not be suspended unless when in cases of rebellion or invasion
Treason – needed good proof