The U.S. Constitution

1. The U.S. Constitution

2. The U.S. Constitution- Origins • Mayflower Compact- a political statement in which the signers agreed to create and submit to the authority of a government, pending a royal charter. • Significant because it depending on the consent of the affected individuals • And served as a prototype for similar compacts During the Colonial period, Americans developed a concept of limited government-London governed theoretically but not practically.

3. Origins of the Constitution • The Road to Revolution • Conflict that led to the Revolutionary War began in 1760 when the British government increased taxes after the French and Indian War. • Colonists had become use to self government and resented the taxes and their lack of direct representation in parliament. • Colonial leaders formed the Continental Congress to address abuses of the English Crown.

5. Origins of the Constitution • First Continental Congress- 1774- no real talk of independence. Colonies were to send a petition to King George III expressing their grievances, colonies were to raise their own troops and boycott trade. • Second Continental Congress- 1775- fighting had already broken out, 2CC established an army under Washington. • Thomas Paine’s Common Sense circulated • Declaring Independence • The Declaration of Independence, which listed the colonists grievances against the British, was adopted on July 4, 1776. • Politically, the Declaration was, announcing and justifying revolution.

7. Declaration of Independence • Became one of the worlds most famous and significant document. • The English Heritage: The Power of Ideas • Natural Rights – Rights inherent in humans being, not dependent on government. (John Locke- Two Treatises on Gov’t) • Consent of the Governed – The government derives its authority by sanction of the people. • Limited Government – Put certain restrictions on government to protect natural rights. Main idea over all is that GOVERNMENT IS CREATED BY THE PEOPLE, FOR THE PEOPLE and gains its power from the consent of the governed.

9. 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.

10. The Government That Failed 1776-1787 • Fear of a powerful central government led to the creation of The Articles of Confederation • The first document to govern the United States, ratified in 1781. • It created a confederation among 13 states and former colonies. Confederation- means voluntary association of independent states in which the member states agree to only limit restraints on their freedom of action. • Congress had few powers; there was no president or national court system, no central government. • All government power rested in the states.

11. Congress- one house (unicameral) 2 to 7 representatives from each state but only one vote. Approval of 9 states needed to pass anything, amendments to articles require all states. Committee of the States- reps from all states empowered to act in the name of congress between sessions Officers- congress appointed officers to do some of the executive work. The states- have the ultimate power and decision making.

12. Accomplishments of the Articles • Settled claims of states to western lands • Passed the Northwest Ordinance (1787) which established a basic pattern of government for new territories north of the Ohio River. • Represent the first real pooling of resources by the American states.

13. Weaknesses of the AOC • Congress could declare war and conduct foreign policy but couldn’t demand revenue from the states…it could only ask. • Therefore couldn’t raise funds for a militia so the army had to be disband, no national army. • Required the consent of 9 states to do anything, or unanimous to amend articles. • Did not create a national court system • The functioning of the government depended on the good will of the states.

14. The Final Straw- Shay’s Rebellion • AOC made it hard to do much to maintain peace and order in the new nation. • Constant bickering and taxation of each others goods among states created an economic depression. • Smaller farmers were sent to jail for unpaid debts, so in 1786 Daniel Shat with mobs of farmers seized county courthouses and disrupted debt trails. • Shay led an assault on the federal arsenal at Springfield and was repelled but it showed that the central government couldn’t protect the citizens from armed rebellion or provide adequately for the public welfare

16. Making a Constitution • The Philadelphia Convention met with the goal of revising the AOC. • Most of the attendees were upper class, all were white and all were male. • Majority of the delegates were nationalists, who wanted a strong central government with real power unlike the AOC government. • Two other factions, one against a national government and the other for one but only cared about claims to western lands.

17. Making a Constitution:The Philadelphia Convention • The VA plan was presented- 15 resolutions that favored large states, like VA. • Called for • Bicameral legislature with the lower chamber chosen by the people and the upper by the lower. # of reps proportional to state’s population, including slaves. • Creation of an unspecified national executive, elected by the legislature • Creation of a national judiciary, appointed by the legislature.

18. Constitutional Convention • New Jersey plan- alternative to VA plan • One state one vote prinicpal retained. • Congress could regulate trade and impose taxes • All acts of Congress were the supreme law of the land • Several people elected by congress to form an executive office. • This office would appoint a Supreme Court. The “Great/Connecticut Compromise”- bicameral legislature, lower the HOR would be apportioned according to the free population of each state, slaves were 3/5’s a person. Senate, upper chamber, would have 2 reps per state elected by state legislatures.

19. 3/5’s Compromise • Slavery was still legal in many northern states, but it was concentrated in the south. • Many delegates were opposed to slavery and wanted it banned. • Southerners of course wanted slavery and wanted slaves counted in their population count. • The 3/5ths compromise said slaves would count as 3/5’s a person towards population of state. • Illustrated the power of the southern states at the convention.

24. The Madisonian System • Thwarting Tyranny of the Majority • Limiting Majority Control – To keep most of the government beyond the control of the masses. • Separating Powers – Branches are relatively independent of the others so no single branch could control the others. Checks and balances • Outlined in Federalist Paper #51Creating Checks and Balances – Each branch needs the consent of the others for many actions. • Establishing a Federal System – Federalism divides power between national and state governments. • Based on French political thinker Baron de Montesquieu who explored these ideas in The Spirit of the Laws.

27. The Final Document • The Constitution that was to be ratified established the following principles: • Popular sovereignty or control by the people • A republican government in which the people choose reps to make decisions for them. • Limited gov with written laws • Separation of powers with checks and balances • federal system that allows states’ rights because the states feared to much central control • The document was approved and now it had to be ratified.

28. Ratifying the Constitution • Federalists and Anti-Federalists • Federalists supported the new Constitution and wrote the Federalist Papers to defend it. Federalist Papers 10 and 51 do an excellent job of showing the Federalist’s viewpoint. • Anti-Federalists opposed the new Constitution and believed it was an enemy of freedom. • The compromise between the two groups was the Bill of Rights. • 12 drafted by Madison but 10 approved by the states. • No explicit limits on state’s power in the BOR, this will come after the civil war with the 14th amendment.

31. Ratifying the Constitution • Federalists specified that the Constitution be ratified by special conventions, not state legislatures • 9 states had to ratify the Constitution • Delaware was the 1st (Dec 1787), New Hampshire was the 9th (Jun 1788)

33. Beard’s Thesis • 1913 historian Charles Beard wrote An Economic Interpretation of the Constitution of the US. • Thesis: the Constitution had been primarily produced by wealthy property owners who desired a strong gov to protect their property rights. • Claimed the constitution had been imposed by undemocratic methods to prevent democratic majorities from exercising real power. Of the 4 million citizens in the US, only 150, 000 selected the delegates for the convention.

34. Changing the Constitution • Constitution is just 7000 words, founders intended for it to be a framework for a new government to be interpreted by future generations.

35. Changing the Constitution • The Formal Amending Process (cont.) • Ratification – An amendment may be ratified either by the legislatures of three-fourths of the states, or by special state conventions called in three-fourths of the states.

37. Changing the Constitution • The Informal Process of Constitutional Change • Judicial Interpretation –The ability for the courts to review the legality of acts by the legislative and executive branches. Federalist Paper #78 outlines this. Marbury v. Madison (1803) established judicial reviewwhen the SC declared an act of congress unconstitutional. • Changing Political Practice – SC adapts the constitution thru JR to modern situations. (ie. Technology didn’t exist, but 4th amendment protects against illegal wiretapping)

39. Changing the Constitution