The ConstitutionObjectives:•Explain how the weaknesses of the Articles of Confederation laid the groundwork for the Constitution•Evaluate how the Constitutional Convention dealt with issues of equality•Summarize the major compromises of the Constitutional Convention

Bell Ringer:Articles of Confederation (handout)

Agenda:Finish up Chapter 1The ConstitutionHomework:•Summer assignments due next class•Chapter 2 Overview/Reading Quiz•Second Treatise of Government – JohnLocke•Enlightenment Thinkers (Extra credit) due 09/23 and 09/24

Origins of the Constitution The Enlightenment The English Heritage: The Power of

Ideas› Natural 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

Origins of the Constitution Winning Independence

› In 1783, the American colonies prevailed in their war against England.

The “Conservative” Revolution› Restored rights the colonists felt they had

lost› Not a major change of lifestyles

The Government That Failed

The Articles of Confederation› The first document to govern the United

States, it was adopted in 1777 and ratified in 1781.

› It established a confederation, a “league of friendship and perpetual union” among 13 states and former colonies.

› Congress had few powers; there was no president or national court system.

Problems with the Articles of Confederation No money, no power to get it No national currency States no longer under Britain’s protection nor

could they trade with them Congress had few powers No executive or judicial branches Governmental power rested with the states

The Government that Failed

The Government That Failed

Economic Turmoil› Postwar depression left farmers unable to pay

debts› State legislatures sympathetic to farmers and

passed laws that favored debtors over creditors Shays’ Rebellion

› Series of attacks on courthouses by a small band of farmers led by Revolutionary War Captain Daniel Shays to block foreclosure proceedings.

› Economic elite concerned about Articles’ inability to limit these violations of individual’s property rights

They agreed that the Articles of Confederation weren’t working… now what?! Decided to revise the Articles Proceedings supposed to be secret, did

not want outside pressure Some, including James Madison and

Alexander Hamilton wanted something new

After five days they realized they needed to start all over again

                                   

                                                           

The Framers 8 signed Declaration of Independence 30 served in the Continental Congress 6 signed the Articles of Confederation 8 part of constitutional conventions in own

states 7 had been or were still state governors 39 had been members of Continental

Congress, Congress of Confederation, or both 31 had attended college (rare) 4 over sixty years old Nearly half were in their thirties 5 under the age of thirty

Who was there?

James Madison

George Washington

Alexander Hamilton

Benjamin Franklin

Gov. Morris Patrick Henry George Masonand…

Who wasn’t there?Thomas Jefferson John Adams

The Virginia Plan Proposed by Edmund Randolph

Bicameral legislature

Representation based on population

Voters choose members of the House

Choose members of the Senate from a list of people nominated by their State legislature

Congress keeps powers it had under the Articles, but also get…

Power to make laws for states, override state laws, force states to obey national laws

Congress chooses members of judicial branch and the President

The New Jersey Plan William Patterson proposed

Three branches

Unicameral legislature

Equal representation in Congress, just like under the Articles

Congress chooses several people to serve in the executive branch

Kept many features of the Articles of Confederation

The Great Compromise AKA the Connecticut Compromise Proposed by Roger Sherman of Connecticut Bicameral legislature Representation in the House based on

population In the Senate, each state gets two senators

Done?! Nope,there was a problem… Southerners wanted slaves counted in the

population to increase representation Northerners protested 3/5 of the number of slaves counted in the

population figures (taxation and representation)

Became known as the 3/5 Compromise Battled over whether slavery could continue Agreed not to interfere for at least 20 years

The Agenda in Philadelphia

The Madisonian Model To prevent a tyranny of the

majority, Madison proposed a government of:› Limiting Majority Control› Separating Powers› Creating Checks and Balances› Establishing a Federal System

“A bundle of Compromises”

Great because everyone gets something they want.

Bad because no one gets everything they want.

Finally they agreed on a plan! Took some time to work out the details Final document signed on September 17,

1787 Now the plan had to be submitted to the

states for approval

“a Civil war may result from the present crisis… In Massachusetts… there are two parties, one devoted to Democracy, the worst… of all political evils, the other as violent in the opposite extreme…for this and other reasons…the plan should have been proposed in a more mediating shape.”

Elbridge Gerry

The Anti-Federalists

Ratifying the Constitution Ratification

› Lacking majority support, the Federalists specified that the Constitution be ratified by state conventions, not state legislatures.

› Delaware first ratified the Constitution on December 7, 1787.

› New Hampshire’s approval (the ninth state to ratify) made the Constitution official six months later.

Problems with the Constitution Done in secret, meetings closed to the public. Undermine a republican form of government. Too much power to national government, took

power from the state governments. Too much power to executive branch, less to the

other branches. Allowed for a standing army in peacetime. No bill of rights.

Don’t need a strong national government! Strong nat’l government threatens people’s

natural rights. Constitution was created by an elite and privileged

group who wanted to protect their own interests. National government too far away from the states

to know what they needed.

We need a bill of rights! Only the House of Reps chosen directly by the

people. Federal government could use their power to

violate citizens’ rights. Federal government’s powers vague, give almost

unlimited power (necessary & proper clause). If people’s rights aren’t addressed, the

government can violate them more easily. Became the main argument against ratification. The Revolutionary War which was fought to secure

rights for the people was still fresh in their minds.

The Federalists

“…every member [of the convention] should sign. A few characters of consequence, by opposing or even refusing to sign the Constitution, might do infinite mischief…No man’s ideas were more remote from the plan than [mine are] known to be; but is it possible to deliberate between anarchy… on one side, and the chance of good to be expected from the plan on the other?”

Alexander Hamilton

The Federalist Dilemma Knew states would not agree to give up their

powers. Decided to ask voters if Constitution should be

ratified. Ratifying conventions would be held in every state

with delegates elected by popular vote. The people were asked how they felt about the

Constitution (social contract, consent of the governed).

Debate fierce in New York “The Federalist” were essays written by James

Madison, Alexander Hamilton & John Jay. Tried to convince New Yorkers to support ratification.

Federalist response to the Anti-Federalists

1. Civic virtue can’t be relied to protect basic rights. Hard to get people or governments to put aside

what they want for the common good.2. How government is organized will protect basic

rights. Separation of powers and checks and balances

have built in protections.3. Representation of different interests in the

government will protect basic rights. Different branches have different expertise and

focus.

We don’t need a bill of rights ! Complexity of the government and the

diversity of the nation protect rights. Constitution does protect certain rights (trial

by jury, bills of attainder, ex post facto laws). Don’t need a bill of rights when the people are

in charge of running the nation. Government has specific powers, no need to

list the rights the government has no power to violate.

Most state constitutions had bills of rights, but the states violated citizen’s rights anyway.

Ratifying the Constitution Federalist Papers

› A collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison under the name “Publius” to defend the Constitution

Bill of Rights› The first 10 amendments to the U.S. Constitution,

drafted in response to some of the Anti-Federalist concerns about the lack of basic liberties

Another compromise By June 1788 nine states had voted to ratify, but

not Virginia or New York. Compromise - if the Constitution ratified, during

the first meeting of Congress a bill of rights would be created.

Bill of rights was to list rights of citizens the government couldn’t violate.

Push for the last states to ratify After a heated debate, Virginia voted to ratify on

June 25, 1788. It passed by ten votes. New York ratified in late July and won with only a

three vote majority. By the time Rhode Island & North Carolina voted

to ratify the Constitution it had taken effect over a year earlier.

The New Government Takes Effect

On March 4, 1789 the new Congress held its first session in New York City.

George Washington took the oath of office and became the nation’s first president on April 30, 1789.

The Constitution The Constitution sets out the basic

principles upon which government in the United States was built.

The Constitution is a fairly brief document.

The Constitution is organized into eight sections:

1. The Preamble2. 7 articles3. 27 amendments

The Importance of Flexibility

The Constitution is short, with fewer than 8,000 words.

It does not prescribe every detail.› There is no mention of congressional

committees or independent regulatory commissions.

The Constitution is not static, but flexible for future generations to determine their own needs.

PreamblePurposes for the Government

To establish a more perfect union To establish justice To ensure domestic tranquility To provide for the common defense To promote the general welfare To secure the blessings of liberty

Articles of the ConstitutionSection SubjectPreamble States the purpose of the Constitution

Article I Legislative branch

Article II Executive branch

Article III Judicial branch

Article IV Relations among the States and with the NationalGovernment

Article V Amending the Constitution

Article VI National debts, supremacy of national law, and oaths ofoffice

Article VII Ratifying the Constitution

Popular Sovereignty/Consent of the Governed

People are the only source of governmental power.

(aka popular sovereignty)

John Locke

Limited Government

The government may only do those things

that the people have given it the power to do

National GovernmentMay not: violate the Bill of Rights impose export taxes among states use money from the Treasury without the

passage and approval of appropriations bills

change state boundaries

State GovernmentMay not: enter into treaties with other

countries print money tax imports or exports impair obligations of contracts suspend a person's rights without

due process

John LockeThomas Hobbes

Separation of PowersGovernment is divided into three branches-

executive, legislative, and judicial.

Baron de Montesquieu

Checks and BalancesA government

structure whereby each

branch of government

exercises some control on the

others

FederalismPowers are divided between the national and state governments

Rule of lawThe Constitution

of the United States of

America is supreme and all individuals

are accountable

under the law

Ratifying the Constitution

Constitutional Change

Constitutional Change The Informal Process of Constitutional

Change› Judicial Interpretation

Marbury v. Madison (1803): judicial review› Changing Political Practice› Technology› Increasing Demands on Policymakers

Understanding the Constitution

The Constitution and Democracy› The Constitution is rarely described as

democratic.› There has been a gradual democratization of

the Constitution. The Constitution and the Scope of

Government› Much of the Constitution reinforces

individualism and provides multiple access points for citizens.

› It also encourages stalemate and limits government.

Amending the Constitution The Constitution provides for its own

amendment—that is, for changes in its written words.

Article V sets out two methods for the proposal and two methods for the ratification of constitutional amendments, creating four possible methods of formal amendment.

Amendments to the ConstitutionCollectively, the first ten amendments are known as the Bill

of Rights. They set out many of our basic freedoms.

Political Cartoon Title: Flag Burning Amendment

Gary Markstein, Wisconsin, The Milwaukee Journal-Sentinel , July 18, 2005 ,

http://www.politicalcartoons.com

Informal Amendment Processes

The informal amendment process can take place by:(1) the passage of basic legislation by Congress;(2) actions taken by the President;(3) key decisions of the Supreme Court;(4) the activities of political parties; and(5) custom.

Informal amendment is the process by which over time many changes have been made in the Constitution which have not involved any changes in its written word.

Executive Action and Court Decisions

Executive Action Presidential actions have produced a number of

important informal amendments, such as the use of the military under the power of commander in chief.

An executive agreement is a pact made by the President directly with the head of a foreign state.

Court Decisions The nation’s courts, most importantly the United

States Supreme Court, interpret and apply the Constitution in many cases they hear.