Constitution, Society, and Leadership Week2 Unit 1 Anatomy of the Constitution: Overview

1. Constitution, Society, and LeadershipWeek2 Unit 1 Anatomy of the Constitution: Overview Christopher Dreisbach, Ph.D. Johns Hopkins University

2. Unit Introduction • This unit offers an overview of the Constitution • It has three parts • The content of the Constitution • The drafting of the Constitution • The ratification of the Constitution

3. Overview-iContent-i • The Constitution of the United States of America is the “supreme law of the land” • Art. VI, clause 2 • The original document • Was completed in 1787 • Had seven articles • Ten Amendments—The Bill of Rights—were ratified in 1791

4. Overview-iiContent-ii • Seventeen Amendments have been added since then • With the most recent being ratified in 1992 • For a total of 27 Amendments • The presentations in Units 2 and 3 discuss the Articles • The presentations in Units 4 and 5 discuss the Amendments

5. Overview-iiiDrafting the Constitution-i • The Declaration of Independence released us from the British government in 1776 • And the British conceded in 1783 • With the Treaty of Paris, which ended the American Revolution • But the Declaration did not establish a new government

6. Overview-ivDrafting the Constitution-ii • The United States’ first attempt at establishing a government resulted in • The Articles of Confederation • Which the Second Continental Congress wrote • Which all 13 states ratified by 1781.

7. Overview-vDrafting the Constitution-iii • Under these Articles • The national government had a single legislative body • There was no national executive • There was no national judiciary • Each state had one vote • A majority of 2/3 was necessary to pass legislation • Any amendment to the Articles had to be unanimous

8. Overview-viDrafting the Constitution-iv • The Articles gave the national government very little control over the states. • Each state could mint its own money • Each state could impose taxes on other states • There was no means of collecting national revenue • Such as collecting each state’s share of the cost of the Revolutionary War

9. There was no means of developing a national security force • There was no national means of engaging in foreign trade • There was no national means of settling disputes between the states

10. Overview-viDrafting the Constitution-iv • Two notable examples of disputes between the states • Rhode Island imposed a tax on all goods passing through it on a main line that connected the states • Maryland and Virginia continued an old boundary dispute concerning the Potomac River

11. Overview-viiDrafting the Constitution-v • In 1786, James Madison urged the Virginia Legislature to invite state delegates to Annapolis to fix the problems with the Articles • Turnout was poor • But the delegates who attended proposed that all states meet in Philadelphia in 1787

12. Overview-viiiDrafting the Constitution-vi • IN 1787, the Confederation Congress authorized the Convention in Philadelphia • "for the sole purpose of revising the articles of Confederation and reporting to Congress and the several legislatures such alterations and provisions therein as shall, when agreed to in Congress and confirmed by the States, render the federal Constitutionadequate to the exigencies of government and the preservation of the Union."

13. Overview-ixDrafting the Constitution-vii • But James Madison and other proponents of the meeting planned a document that would go beyond mere alterations to the Articles. • So they enlisted the support of George Washington and Ben Franklin • Whose integrity would be unquestioned as the Convention progressed

14. Overview-xDrafting the Constitution-viii • The Convention began on May 25, 1787 • It was supposed to begin on May14, but not enough delegates showed up until the 25th. • Fifty-five delegates attended the opening of the Convention • Seventy delegates had been appointed by the states • Thirty-nine delegates signed the Constitution • Rhode Island refused to send a delegate • Which, under the Articles of Confederation, meant that there could be no amendments to the Articles. • But the convention proceeded anyway.

15. Overview-xiDrafting the Constitution-ix • George Washington was elected president of the Convention • Two disputes at the Convention included • How each state should be represented in the national government • What to do about slavery • And how to count slaves if the national government was based on state populations.

16. Overview-xiiDrafting the Constitution-x • The first dispute was settled by the “Connecticut Compromise” • The Virginia Plan called for a bicameral legislature • With representation in both houses determined by population • Which gave big states an advantage over the smaller states

17. Overview-xiiiDrafting the Constitution-xi • The New Jersey Plan called for all states to be represented equally in Congress • Which gave small states an advantage over the larger states • The Connecticut Compromise called for • Representatives to be elected according to population • States to have equal representation in the Senate

18. Overview-xivDrafting the Constitution-xii • By 1787 at least 6 states had outlawed slavery • Vermont • Pennsylvania • Massachusetts • New Hampshire • Connecticut • Rhode Island

19. Overview-xvDrafting the Constitution-xiii • The slave-holding states, most of them in the south, insisted that slavery be protected • Or these states would refuse to sign the Constitution • The convention made two concessions to the slave-holding states • Article V forbids any congressional discussion about ending the slave trade until 1808

20. Overview-xviDrafting the Constitution-xiv • Each slave would be considered 3/5 of a person • Which permitted slave-holding states to have a larger number of representatives than if slaves were counted merely as property. • Even though slaves would not be allowed to vote for their representatives.

21. Overview-xviiDrafting the Constitution-xv • The Constitution was signed on Sept. 17, 1787 • It was ratified when New Hampshire became the 9th state to ratify on June 21, 1788

22. Overview-xviiiRatification of the Constitution-i • Article VII required that at least ¾ of the states ratify the Constitution and any subsequent Amendments. • Eventually all thirteen states ratified the Constitution, some by slim margins.

23. Overview-xixRatification of the Constitution-ii • Here is a chronological list of ratifying states, along with votes for and against • Delaware, Dec. 7, 1787, 30-0 • Pennsylvania, Dec. 12, 1787, 46-23 • New Jersey, Dec. 18, 1787, 38-0 • Georgia, Jan. 2, 1788, 26-0 • Connecticut, Jan. 9, 1788, 128-40 • Massachusetts, Feb. 6, 1788, 187-168

24. Overview-xxRatification of the Constitution-iii • Maryland, April 26, 1788, 63-11 • South Carolina, May 23, 1788, 149-73 • New Hampshire, June 21, 1788, 57-47 • Since this satisfied the ¾ states’ requirement, the Constitution was now officially ratified • Virginia, June 25, 1788, 89-79 • New York, July 26, 1788, 30-27 • North Carolina, Nov. 21, 1789, 194-77 • Rhode Island, May 29, 1790, 34-32

25. Constitution, Society, and LeadershipWeek2 Unit 1 Anatomy of the Constitution: Overview Christopher Dreisbach, Ph.D. Johns Hopkins University