Download The Constitution

The Constitution
Roots of the Revolution
• Lack of Colonial Autonomy
– Economic
– Political
• Boston Tea Party
– Coercive Acts
• First Continental Congress
– Olive Branch Petition
• Second Continental Congress
– Lexington and Concord
– Common Sense
– Declaration of Independence
Declaration of Independence
And Common Sense
• Common Sense
– Thomas Paine
• Monarchy and Hereditary Succession
• The Wars and Tyranny of Kings
• The Economic and Political abilities of Americans
• Declaration of Independence
– Thomas Jefferson
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Social Contract Theory - John Locke
List if Grievances
Formal Separation from England
Debated - Slavery and Slave Trade
Articles of Confederation
• Confederation – loose association of
independent states
• The Articles of Confederation – Established
the first government of the United States
– November 15, 1777
– Fear of Central Power – National Government
lack any real Power
– Four Reasons for Failure
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No power to tax
No head of State
No regulation of interstate or foreign commerce
Each state how power to veto amendments
Constitution Convention
• Shays’s Rebellion
– Demonstrated need for Stronger Government
• Edmond Randolph of Virginia
– Virginia Plan
• Encouraged creating of new document
• Three Branches of Government
– Legislative
– Executive
– Judicial
• Two House Legislature
– Representation based on taxes paid
• Called for strong national government
• Favored the large and wealthy states
Continued
• New Jersey Plan
– William Paterson of New Jersey
– Legislature based on equal representation
– Favored by small and poor states
– Forced a Compromise
• Great Compromise
– Roger Sherman of Connecticut
– House based on size
– Senate is equal
– Legislation approved by both chambers
Continued
• Presidency
– Fear of popular vote
– Fear of return of monarchy
– Fear of election by legislature
– Compromise = electoral college
• Electors choose president
• Each state choose electors in proportion to
representatives
• House votes in tie
• Parties dominate in modern elections
– Four year term and no term limits
– House can charge with impeachment
– Senate can try impeachment charge
Continued
• 3/5th Clause
– Slavery a big part of American Economy
• Slavery not mentioned in Constitution
– Other Persons
– The question of representation of slaves
• Should they count towards population?
– Slave States = yes
– Free States = no(ish)
– Slaves will count as 3/5th of a person
• Gave southern states greater representation
– 47% of congress
• Gave southern states more electors
• Ended slave trade after 20 years
The Constitution
• Principles
– Republicanism – power of the people
• Avoid aristocracy, monarchy, and democracy
– Federalism – central and state authority
– Separation of Powers
• Three Branches
– Legislative – law making
– Executive – law enforcing
– Judicial – law interpreting
• Equal power between branches
– Checks and Balances – each branch has some
control over other branches
• Extraordinary Majority – over ride veto with 2/3
vote
The Preamble
• Four elements that create American
Political Tradition
– It Creates a People
• “We the people of the United States”
• Counters notion of independent states
– It Explains the reason for the Constitution
• More Perfect union
• Counters Articles of Confederation
– It Articulates Goals
• Promotes Order and Freedom
– It Fashions a Government
• Creates the United States
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Continued
• Seven Seven Articles
– Article 1: The Legislative Article
• Bicameral
• Enumerated Powers (1-17) – powers given
– Necessary and Proper Clause (18) - means to execute
powers
» Implied Powers – powers need to execute powers
– Article 2: The Executive Article
• Provides election info and powers given
– Article 3: The Judicial Article
• Vague, left structure up to congress and president
• Judicial Review – declare acts unconstitutional
(implied)
– Marbury v. Madison
– Article VI:
• Supremacy clause – national laws take precedence
Ratification
• Need nine state to ratify become law
– Nation Slit over Constitution
• Federalist – supported – favored national government
• Antifederalist – did not support – favored state gov
• Federalist Papers
– Alexander Hamilton, John Jay, and James
Madison = Publius
– 85 newspaper articles supporting ratification
• Federalist No 10 – avoid factions, pluralism, or “tyranny
of the majority” (mob rule)
• Federalist No 51 – control tyranny through “separation
of powers” and “checks and balances”
• Anti-Federalist Papers
– Brutus
– Not as influential
Bill of Rights
• States would not ratify without Bill of
Rights
– List basic civil liberties and civil rights
– Purpose of Revolution War
• Federalist No 84 – BofR would be
“Dangerous”
– Not possible to list prohibited powers
• George Washington – Amendment
process
• Bill of Rights – First 10 amendments to the
constitution
Continue
• Bill of Rights
– 1st Amendment
• Religion, Speech, press, assemble & petition
government
– 2nd Amendment
• Right to bear arms
– 4th Amendment
• Search and Seizures
– 5th Amendment
• Self-incrimination & due process
– 10th Amendment
• Rights reserved to the states
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Amendment Process
• Two Stages
– Proposal Stage
• A) 2/3 vote of both houses of congress (All)
• B) National convention by congress, requested by
2/3 states
– Ratification Stage
• A) ¾ of states legislatures ratify (all but 1)
• B) Constitutional Convention in ¾ of states
• Difficulty is intended in process
– First 10 – Bill of Rights
– Next 17 – make public policy, correct
deficiencies, or promote equality
Constitution – The Legend
Oldest Constitution
• Most copied Constitution
• Short
Constitution today
– Original Intent or Living Document
Provides balance between order and freedom
– No attention to equality – amendments
• Amendments and Social Change
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13th, 14th, 15th - Civil War Amendments
16th - income tax - Progressive Taxation
19th - Women Vote
24th - prohibited poll tax
23rd - Citizens of Washington DC can vote
26th - voting age at 18
Majority or Plurality
• Majoritarian Democracy
– Founders intended a Republic
• Majority Consent
– Not a Democracy
• Majority Rule
• Pluralist Democracy
– Constitution Promotes Plurality
– Intention of the Founders?
• Factions
• Electoral College
• Interest Groups
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