Creating A Republic

The Creation of the US Constitution

I. Government under Articles of ConfederationDuring Revolution, the states created a “confederation”.U.S. first constitution was the Articles of Confederation, ratified in 1781.

Political power lie with the states.To the people, their state was their country.Each state had their own constitution, their own currency, and their own trade regulations!

Founders believed that a strong national government “was the root of all evil”.

II. Problems with Articles of ConfederationInability of national government.

Congress did not have money and did not have the power to tax.National government had no means of enforcing laws, or punishing law breakers.Congress was at mercy of states.Congress could not regulate trade.Citizens thought their property rights were threatened.

Civil rebellions & uprisings

Congress had difficulty managing foreign affairs and paying off war debt.

Interstate relations were lacking! (States weren’t getting along!)

III. “Upside of the Article of Confederation

State government flourished!Exemplified democratic valuesProtected personal libertiesIncrease in political participation

Government representative of the people

IV. Revising the Articles of Confederation

By mid-1780’s it was obvious that revision of Articles of Confederation was necessary.Success of our country depended on it!Congress called for a meeting in 1787

brainstorm ways to improve the Articles of Confederation

V. Philadelphia Convention

Fifty-five delegates, from 12 states, attended the Convention:

Most were young.Most had played a role in American Revolution.Most had some political experience.

Whose who at the Convention:James Madison: “Father” of Constitution.George Washington: “President” of the convention. Not interested in being a part of politics. Ben Franklin: “Compromiser” Encouraged the delegates to cooperate when they disagreed. Gouverneur Morris: Wrote Constitution and prepared final draft.

V. Philadelphia Convention:

Rules of the Convention:Throw Articles out and start new!

Revision of Articles required unanimous vote…since only 11 states showed, this was impossible!

Keep record of what was said a secret for 30 years.

Secrecy would take the pressure off; better chance of approval if people didn’t know ins and outs.

Give each state one vote in convention proceedings.

Gain cooperation of small states.

VI. Brainstorming a New GovernmentBasic ideas that should be included in new constitution:

Constitutional government (limits on power).

System of checks and balances & separation of powers.Majority rule

Purpose of government is to protect natural rights and promote common good.Federal System

Strong national government

Republican form of government.

VII. Compromise was part of the game

There was a lot of argument on how those basic ideas should be played out.What about representation in government?

Based on equality or population?

How will government be limited?Divide new government into three separate, but interdependent branches.

VIII. Outline of ConstitutionFounders created a Constitution that outlined the new government.

Required 9 of 13 states to approve before going into affect.

Fixed the issue with Articles of Confederation (unanimous decisions makes change impossible!)Ratified in 1789, by the 9th state (New Hampshire)Eventually, all 13 states approved; Rhode Island was last.

Power shifted from states to national government.

Idea of “federalism” incorporated into Constitution to help ratification.Federal government supreme, but states sill have power.Made ratification more reasonable.

IX. How is the Constitution organized?Preamble: Introduces basic ideas of government.Article One: Legislative BranchArticle Two: Executive BranchArticle Three: Judicial BranchArticle Four: Interstate relationsArticle Five: Amendment ProcessArticle Six: National SupremacyArticle Seven: Ratification Process

X. Preamble

Introduction of Constitution:Emphasize the importance of the people in their writing (“We the People…”)Identifies six purposes of government:

Form a more perfect union (unify government)Establish justice (create national court system)Insure domestic tranquility (preserve peace)Provide for common defense (protect from enemies)Promote the general welfare (provide for common good)Secure blessings of liberty (safeguard freedom)

XI. Article One: Legislative BranchExplains how legislative branch is organized:

Created BICAMERAL legislature:“Great Compromise” determined how each state would be represented.

Senate: each state has two.House of Representatives: based on population.

Purpose of legislative branch (make laws)Outlines checks and balances between the different branches of government.Outlines powers that legislative branch does and does not have.

XII. Article Two: Executive Branch.Explains how the branch is organized.

PresidentVice PresidentCabinet & Executive Departments

Purpose of executive branch:ENFORCE LAWS

Responsibilities of president include:

Commander & Chief of Armed ForcesGrant reprieves & Pardons Deliver state of Union AddressConduct Foreign Affairs

XIII. Article Three: Judicial BranchExplains how branch is organized:

Legislative Branch has power to establish lower courts.Supreme Court is highest court.

Nine Supreme Court Justices.

Purpose of Judicial Branch:INTERPRET CONSTITUTION

Judicial Review:Marbury v. Madison: gave Supreme Court the power of judicial review.Judicial Review is the Supreme Courts power to interpret laws or actions as unconstitutional.

XIV. Article Four: Interstate Relations

Explains:State powers

Based upon the idea of federalism

Admission of New StatesRelationships between states

Full Faith & CreditPrivileges & Immunities

XV. Article Five: Amendment ProcessExplains ways in which Constitution can be changed!

Corrected issues with Articles of Confederation.Reason why our Constitution still works…it can be changed to relate with the times!

Constitution can be amending in two ways:Formally: Adding or taking away ideas in Constitution (17 times).Informally: Interpretation (Supreme Court)

Outlines formal processProposed by the Congress, approved by the state legislatures!

XVI. Article Six: National Supremacy

Federal law is Supreme over any other law.Establishes power of national government.States must comply to federal law.Corrected issues of Articles of Confederation.

Shifted power to federal government.

XVII. Article Seven: Ratification

Ratification means approval.Constitution did not go into affect until 9 of the 13 states approved of it’s organization of government.

All states eventually ratified Constitution. 1791: George Washington appointed as 1st president of the new government.

XVIII. Equality Issues

Equal RepresentationVirginia Plan (based on population)New Jersey Plan (equal representation)“Great Compromise” (bicameral legislature)

Did this make representation equal?

Slavery3/5 compromiseTable slave trade issue

Political EqualityUniversal manhood v. property qualifications

XIV. Economic Issues

National CurrencyUnify statesPay off war debt

Economic powers vested in CongressForbidden to tax exportsTax

XX. Great Silences of Constitution

SlaveryScope of national powersJudicial ReviewRole of political parties, bureaucracy, congressional committees.Post Offices, Interstate highways, right to abortion.

Constitutional Principles

Constitution in Review

Shifted power from states to national government. Created national currency.Built in flexibility, ability to be changed.Belief in republican form of government.

Constitution

Constitutional Convention shared beliefs in basic principles of governmentReflects fundamental values of democratic system.

Popular SovereigntyLimited GovernmentFederalismSeparation of PowersChecks and Balances

Popular Sovereignty

Constitution begins with “We The People”.Framers made it clear that power & authority comes from the citizens.Lies at the heart of democracies.

Limited GovernmentFramers still wanted to protect against tyranny.Created plan to limit government’s power:

Power is vested in institutions, not people.National government does not have absolute authority.

“Popular Sovereignty”: people give government power.

Powers of government spelled out in Constitution.Government must obey laws

“Rule of Law”

Federalism

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”Amendment 10, of Constitution

FederalismDef: “the division of power between national & state governments.”

Federal Government: National PowersState Government: Local Issues.

Federal Powers:“Elastic Clause”

Article I, Section 8Gives Congress flexibility in dealing with the changing needs of the nation.

Listed in the ConstitutionCoin moneyRegulate tradeCreate & maintain armed forcesConduct foreign policyDeclare warEstablish postal system

FederalismState Powers:

Any power not given to federal government in Constitution:

Qualifications of votingConduct electionsRegulate trade within their bordersCreate local governmentEstablish & maintain schools

Shared Powers:Powers Constitution doesn’t grant/deny to either:

Levying & collecting taxesDefining crimes

Federalism

When in doubt, federal government wins!

Supremacy Clause: Constitution and federal government trumps state laws.Examples:

Legalizing marijuana (1970, 2005)Abortion (1970’s)Drinking age of 21 (1984)Legal limit being .08% (2003)Drug testing in schools (2005)Internet betting/internet pornography (2005-2006)

Separation of Powers

Framers limited federal government by dividing power into three branches:LegislativeExecutiveJudicial

System is referred to as separation of powers.

Checks & Balances

Each branch of government has power to control the other two.Strengthens the separation of power & further limits authority of federal government.Importance of “Compromise”

Checks & Balances

Checks by the legislature:Senate approves Cabinet members, federal judges, ambassadors.Senate approves treatiesCongress can override a presidential veto.Congress has impeachment powers. Congress can propose amendments to override judicial efforts.

Checks & Balances

Checks by the executiveVeto powerCall special sessionsRecommend legislation

Checks & Balances

Checks by the judiciary“Judicial Review”

Power to declare acts of Congress or President as unconstitutional.Not spelled out in Constitution.

Checks & Balances

Checking the Power of the People:Limits the power of the people on government.Voters would elect representatives directlyState legislatures would choose Senators. (17 amendment)State legislatures would choose electoral college.