THE UNITED STATES CONSTITUTION

FOUNDATIONS OF AMERICAN GOVERNMENT

Questions that are asked about the United States Constitution.

When was the Constitution written?

Who created it?

Why was it written?

What events led to its creation?

Where was it written?

What historical documents was it modeled after?

What problems in our society did the Constitution solve?

What are its limitations?

How would you improve it?

Do you feel it is as relevant today as it was when the Constitution was first created?

Constitution Facts

The United States Constitution was created on September 17, 1787.

It was ratified June 21, 1788

Ratify: \ˈra-tə-ˌfī\ to approve and sanction formally.

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Formation of the first governments of the 13 colonies

Highly Influenced by:English Law– Contracts, Juries, stare decisis

English TraditionNatural rights:

rights inherent in human beings, not dependent on government

Consent of the governed:government derives its authority by sanction of the people

Limited Government:certain restrictions should be placed on government to protect natural rights of citizens

English Religion (mix of Protestantism and Catholicism)

Formation of the first governments of the 13 colonies

What ideas influenced the first colonial governments?

Hebrews-(Ten Commandments) – laws based on morals

Greeks-(direct democracy) – everyone participated directly (smaller society)

Romans- (Classical republic) – elect people to represent you. People practice “civic virtue”. Promotion of the common good. Moral education.

What influenced the colonists?

Old English DocumentsMagna Carta

(1215) first document to limit the King’s powerEstablished Due Process

Habeas Corpus Act (1678) government must tell you what you are being held for and show evidence against you.

Petition of Right(1628) Government could not tax without consentGovernment could not quarter troops

English Bill of Rights(1689) Parliament replaced dominant power of King (legislative supremacy)Trial by juryNo cruel and unusual punishmentRight to bear arms

Origins of the Constitution:French and Indian War

What events led to its creation?

The failure of the Articles of Confederation. It created a weak national government, there was no president or Judicial branch. Congress was the only branch of government. Federal government could not enforce laws on states.

The American Revolution left the United States very weak. Farmers revolted because many of their land was being taken away.

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Articles of Confederation

First functioning Government

Ratified in 1781While Revolution is in progress

Most real power with the States• Binding was a ‘rope of sand’• Lots of quarrelling between the

states

Just one CongressUnicameral (one house)each State had 1 representativeit took 9/13 States to pass a lawit took 13/13 States to approve a treaty or amend the ArticlesNo executive or judicial branchCould pass laws, make treaties, declare war & pace, borrow money, and create a postal system

Weaknesses of the A of C1. Congress couldn't require States to obey national

laws (no Judicial branch)

2. The central government has little power over foreign trade

3. The Confederation has no effective military force.

4. Each state issues its own coins and paper money

5. The Confederation must ask states for money to support the federal Government

6. Changes in the Articles require a unanimous vote of the thirteen, makes it impossible to change the constitution

7. At least nine states are required to decide major issues

We NEED a stronger Government!!!

“Shays Rebellion” scares a lot of people

A Small Rebellion of Massachusetts farmersSeries of attacks on courthouses by a small band of farmers led by Revol.War Captain Daniel Shays to block foreclosure proceedingsEconomic elite concerned about Articles’ inability to limit these violations of individual’s property rights

Can’t decide what to do with the Northwest Territory

Have a ‘Constitutional Convention,’ to rework the Articles

Philadelphia in May 1787

End up creating a new Constitution

Constitutional Convention55 delegates from 12 states meet ‘for the sole and express purpose of revising the Articles of Confederation’

“the well-bred, the well-fed, the well-read, and the well-wed”

Average age is 42, 2/3 lawyers, 1/3 owned slaves

Had political experience, from cities

No Rhode Island, John Adams, Thomas Jefferson, Sam Adams, John Hancock, or Patrick Henry!

Father of the ConstitutionJames Madison of Virginia

Spoke over 200 times

Took extensive notes

The Philadelphia Convention

Philosophy into ActionHuman Nature

which is self-interested

Political Conflictwhich leads to factions

Objects of Governmentincluding the preservation of property

Nature of Government which sets power against power so that no one faction rises above and overwhelms another

Constitutional Conflict!!!

Virginia PlanStrong national government

Three branches of government(legislative, executive, judicial)

Two houses of congress, based on population

Big states like it!VA, Penn, NC, Mass, NY, MD

JUST before was voted on, NJ introduced a new plan

New Jersey PlanThree branches (same three)

ONE house – equal representation

Two executives

Issues of Equality

Constitution Facts

The authors of the Constitution were the Delegates of the Philadelphia Convention (also known as the Constitutional Convention, or Federal Convention)

There were 55 Delegates who drafted the United States Constitution.

State # of Delegates that attended

Connecticut 3

Delaware 5

Georgia 4

Maryland 5

Massachusetts 4

New Hampshire

2

New Jersey 5

New York 3

North Carolina 5

Pennsylvania 8

South Carolina 4

Virginia 7

Rhode Island 0

Not all Delegates that attended the Convention signed the Constitution

Where was it written?

The United States Constitution was written in the Philadelphia State House. Also where George Washington received his commission as Commander of the Continental Army. Now called Independence Hall

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Problems during the Convention?

Constitutional CompromiseConnecticut Compromise

Roger Sherman of Conn. presents the compromise

House of Reps is based on population

Senate has two representatives per state (equal representation)

“Upon what principal shall the states be computed in representation?”

Governor Morris

Issues of North v. SouthRepresentation in Congress

South wanted slaves to be counted in population

Elbridge Gerry (Mass) said “Blacks are property and are used to the southward as horses and cattle to the northward” If you want slaves to count “make them citizens and let them vote.”

Slavery and Representation

When Elbridge Gerry said “Blacks are property and are used to the southward as horses and cattle to the northward” If you want slaves to count “make them citizens and let them vote,” What was he saying???

Slavery Solutions3/5 Compromise

Only the Southern states had large numbers of slaves. Counting them as part of the population would greatly increase the South’s political power, but it would also mean paying higher taxes. This was a price the Southern states were willing to pay. They argued in favor of counting slaves. Northern states disagreed. The delegates compromised. Each slave would count as three-fifths of a person.

Importation of slavery would end in 1808

Georgia and the two Carolinas — threatened to leave the convention if the trade were banned. A special committee worked out another compromise: Congress would have the power to ban the slave trade, but not until 1800. The convention voted to extend the date to 1808.

The Fugitive Slave ActThe delegates placed a similar fugitive slave clause in the Constitution. This was part of a deal with New England states. In exchange for the fugitive slave clause, the New England states got concessions on shipping and trade.

What problems in our society did the Constitution solve?

The Constitution solved the problem of only one branch of government and provided us with: the Legislative branch, Executive branch, and Judicial branch.

Checks and Balances was created. There was a separation of power between branches of government.

The Electoral College was created to represent the states in presidential elections.

What major historical documents was the US constitution modeled after?

Commentaries on the Laws of England by William Blackstone. This book gave rights and wrongs of people in a society. Was about the common law of England.

The Spirit of the Laws by Baron de Montesquieu. This book talked about separation of powers and constitutionalism.

Social Contract by Jean Jacques Rousseau. This talked about the more efficient way to set up political community. Government should be of the people.

Two Treatises of Government by John Locke. It covers the idea that every man is created equal under God.

Historical Documents that Influenced the U.S. Constitution

DocumentsThat inspired

(or led to)The

US Constitution

The Charters ofThe

CompanyOf

London

The Virginia DeclarationOf Rights

The Declaration

Of Independence

The VirginiaStatute forReligiousFreedom

The Articles of

Confederation

The Agenda in Philadelphia

The Individual Rights IssuesSome were written into the Constitution:

Prohibits suspension of writ of habeas corpusNo bills of attainderNo ex post facto lawsReligious qualifications for holding office prohibitedStrict rules of evidence for conviction of treasonRight to trial by jury in criminal cases

Some were not specifiedFreedom of speech and expressionRights of the accused

Why was it

written?It was written to show the three branches of government: Legislative, Executive, and Judicial

It tells the power of each branch.

To tell the framework of the United States Government.

Also tells the relationship of the Federal government to state governments and to all the citizens in the United States.

The Madisonian ModelTo prevent a tyranny of the majority, Madison proposed a government of:

Limiting Majority Control

Separating Powers

Creating Checks and Balances

Establishing a Federal System

Federalist Paper #51

The Madisonian Model

The Constitutional RepublicRepublic: A form of government in which the people select representatives to govern them and make laws

Favors the status quo – change is slow

The End of the BeginningThe document was approved, but not unanimously. Now it had to be ratified.

What are its limitations?

The United States Constitution limits the power of the government. Each branch has their own powers. No government is all-powerful, and that it may only do things that the people have given it power to do.

The government must obey the law. This is the principle called constitutionalism.

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The Madisonian ModelWhere did the “Founding Fathers get the ideas of Limited Government & Checks and Balances.

The Madisonian Model

What about the Executive Branch?Chief Executive

One?

Two?/Three?

How long should the President serve?

How to choose?Congress picks the President?

People elect him?

Electors from each state?

Electoral College?

The Executive

Single chief executive

Electoral College to keep Congress outClunky system

Intended to prevent the riff-raff from deciding election

4-year term of office

Constitutional Convention:The Final Agreement

Electoral CollegeHas changed a lot since 1787

Number of electors from each state determined by the number of Senators plus Representatives

Whoever gets 270, wins!

www.270towin.com

www.electoral-vote.com

Amending the Constitution

The Federalist PapersCollaborative writing of Hamilton, Jay, and MadisonSeries of 85 essays defending the Constitution and republican form of governmentConsidered the best political theorizing in the US

Anti-Federalist viewSuch patriots as Samuel Adams and Patrick HenryConst. a document written by aristocrats, for aristocratsWould create an overbearing & overburdening central govt hostile to personal freedomsWanted a list of guaranteed liberties, or a bill of rightsDecried the weakened power of the states

The Difficult Road to Ratification

RatificationRatify – to approve

FederalistSupported the Constitution

In favor of ratifying

From larger states, cities, merchants

Alexander Hamilton

James Madison

John Jay

John Adams

George Washington

Anti-FederalistAgainst the constitution

Would create an overbearing & overburdening central gov’t hostile to personal freedoms

Would ruin the country with taxes

Wanted a Bill of Rights

Giving up state power to Federal Government made them uneasy

Patrick Henry

Aaron Burr

Sam Adams

Thomas Jefferson

Federalists vs. Anti-Federalists

Federalist PapersWritten to support the ratification of the constitution

Written in newspapers by anonymous authors (mostly A. Hamilton, J. Jay, J. Madison)

Federalists and Anti-FederalistsThe Federalists were people who supported ratification of the Constitution.

The Anti-Federalists were people who opposed it.Below are arguments made by the Anti-Federalists against the Constitution. Under each one, explain in your own words how the Federalists countered this concern.

1. The national government would have too much power at the expense of the states.

2. There would be no protection of the individual rights of citizens against the government.

3. Congress could do anything with the Necessary and Proper Clause.

4. The president would be similar to a king.

How were the Anti-Federalist appeased to ratify the

Constitution?

Bill of Rights

Bill of Rights1st 10 Amendments to the Constitution

Constitutional Change

The Informal Process of Constitutional Change

Judicial Interpretation

Marbury v. Madison (1803): judicial review

Changing Political Practice

Technology

Increasing Demands on Policymakers

What would you change about the US constitution?

I would not change anything. I agree with the separation of powers and checks and balances. The government for the people and by the people is clearly shown in this document. What isn’t in the constitution is left for the state governments to rule. Such as, drug limitations, schooling requirements, and traffic laws.

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Do you feel it is as relevant today as it was when it was written?

The US constitution is completely as relevant today as it was when it was written because the same principles are proposed today. Laws are still unconstitutional and we still have to rule by the constitution. The division of powers is still working today. It still makes this country run with a stable democracy.