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Chapter 2
The Constitution
Ch 2 topics:
• Historical background
• Structure of New Government
• Overview of Articles
• Ratification debate
• Bill of Rights
• Amending the Constitution
Early Steps towards a new
Government
 Colonies band together to combat
British taxes and restrictions
• French and Indian War caused
– Need for $$: so taxation
– Proclamation of 1763
• Stamp Act Congress
– List of grievances to the King
– King responds with Coercive Acts
(known as the “Intolerable Acts”)
Proclamation of 1763
The First Continental
Congress
• Met in Philadelphia 1774
• Declaration of Rights and
Resolves
• Attempted compromise with
King
• If King did not respond, meet
again in 1775
The Second Continental
Congress
• Fighting broke out before Congress
met
• Olive Branch Petition: King refused
• Declaration of Independence 1776
• Articles of Confederation outlined
the powers of the Congress
The Declaration of
Independence 1776
• Thomas Jefferson wrote
• Based on John Locke’s ideas
– “Life, Liberty, Property” becomes “Life,
Liberty and Pursuit of Happiness”
– Legitimacy of government rests on consent
of the governed
– Government that is abusive should be
changed
• 12 of 13 colonies vote for (NY
abstained)
Articles of Confederation
• Compact among the 13 states
• Written in 1776; ratified in 1781 (during
the war)
• Created a national Congress to
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–
–
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Appoint officers for an army
Make peace
Control the post office
Negotiate with Indian tribes
• Each state is sovereign
• One vote per state in Congress
Problems Under the
Articles
• Lack of national sentiment; little unity
• Government too limited
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–
–
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No executive
No judicial system
Congress rarely could assemble quorum
Chaotic regulation of trade with foreign
nations (each state had different laws)
– No power to tax
– No military
Review
• Looser associations
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–
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Stamp Act Congress
First Continental Congress
Second Cont Congress
Articles of Confederation
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Defense/Stability
Foreign relations
Organization: president, judiciary
$$: tax
• Need for stronger gov’t
Constitutional Convention,
1787
The Framers:
– 55 delegates
– All were men
– Many were young
– 17 owned slaves
– http://en.wikipedia.org/wiki/Founding
_Fathers_of_the_United_States
The Virginia and New Jersey
Plans
• Virginia Plan
– Powerful central
government
• Three branches
– Legislative
– Executive
– Judicial
– Two House Legislature
• One house directly
elected
• Other: nominated by
state legislatures
• Based on population
– A legislature with power
to select the executive
and judiciary
• New Jersey Plan
– Strengthening the
Articles, not replacing
them
– Creating a one-house
legislature with one
vote for each state
with representatives
chosen by state
legislatures
– Creating a Supreme
Court appointed for life
by the executive officer
Compromises
• Great Compromise
– One house of legislature:
• directly elected by people
• Based on population
– Second house:
• each state an equal vote
• reps selected by the state legislatures
– National power would be supreme
• Slavery Compromises:
– Three-Fifths Compromise:
• Slaves are 3/5 of a person
• Assured South nearly half the House
– Slave trade guaranteed for 20 more years at least
The U.S. Constitution:
Basic Principles
• Separation of Powers
– Divides power among three branches
– Selected by and responsible to different
constituencies
• Checks and Balances
– Each branch has some oversight and control
over others
• Federal System
– government in which power is divided between
• the national government and
• the state governments
• All states are all part of a national gov’t
Figure 2.2- Separation of Powers
The Articles of the
Constitution
• Article I: The Legislative Branch
– Structure, terms, selection,
apportionment
– Enumerated powers – 17 specific
powers
– Necessary and Proper Clause
• Basis for implied powers
Article II: Executive Branch
 President with a four-year term.
 Qualifications for and removal from office.
 Lists powers of the office.
 Commander in chief, treaties, appointments.
 Sets out State of the Union Address.
Article III: Judicial Branch
 Establishes only a Supreme Court.
 Sets boundaries of Supreme Court’s jurisdiction.
 Gives Congress the power to establish lower
courts.
The Articles of the Constitution
• Articles IV Through VII
– Relations between national government
and the states
– V: Amendment procedure
– Article VI: the Supremacy Clause.
• Provides that the “Constitution, and the laws of
the United States” as well as all treaties are to be
the supreme law of the land.
• Also no religious test shall be required for holding
office.
Ratification Debate
• Federalists
– Favored a
stronger national
government
– supported the
Constitution
– Later became the
first political party
in the U.S.
• Anti-Federalists
– Favored strong
state governments
and a weak
national
government
– Opposed the
ratification of the
U.S. Constitution
Anti-Federalists
• Feared a strong central government
would abuse
– States’ power
– Personal liberties
• Wanted to limit taxing power of
Congress
• Wanted a state militia instead of a
national military
• Bill of Rights to the states for
ratification in September 1789 to
address their concerns
The Federalist Papers
• Series of 85 political articles written by
John Jay (5), Alexander Hamilton (51),
and James Madison (26)
• Printed in Newspapers
• Supported the ratification of the
Constitution
Table 2.2- Federalists and AntiFederalists
Back
Amending the Constitution:
The Bill of Rights
• First ten amendments to the U.S.
Constitution
– Specific protections of personal rights
• Freedom of expression, speech, religion, and
assembly
• Right to bear arms and no quartering of
soldiers responses to British rule
• Ninth Amendment: enumerated rights are
not all inclusive
• Tenth Amendment: powers not given to the
national government are reserved by the
states or the people
Figure 2.3- Amending the
Constitution
Informal Amendment
 Judicial interpretation.
 Social and cultural change.