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The Constitution

The Constitution. Declaration of Independence. Written by Thomas Jefferson Inspired by John Locke D of I opens with Jefferson invoking Locke philosophy… “Life, liberty, pursuit of happiness” Jefferson continues by listing grievances against George III for violating inalienable rights

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The Constitution

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  1. The Constitution

  2. Declaration of Independence • Written by Thomas Jefferson • Inspired by John Locke • D of I opens with Jefferson invoking Locke philosophy… “Life, liberty, pursuit of happiness” • Jefferson continues by listing grievances against George III for violating inalienable rights • declares US independence

  3. British Colonial Rule Unitary System – all power flows from one central government Powerful British Government Political Subunits (Colonies)

  4. Articles of Confederation 1781 – 1789 – RIP Confederate System – power concentrated in political subunits (states) with a weak central government (typically unite for a common goal)

  5. Constitution Federal System – powers are divided and/or shared between state and central governments (Current gov’t designed by framers) Central US government State governments

  6. Articles of Confederation • 1781-1789 • Original American gov’t system • Weak central gov’t • Individual and state liberties not threatened • No executive (they hated kings) • Confederacies are usually unstable

  7. A of C – Weaknesses • Article II – “Each state retains its sovereignty, freedom, and independence.” Gov’t has no control • Unicameral Congress (one house) with one vote per state • Supermajority (9 of 13) to pass a law • Supermajority (13 of 13) to amend • No Executive (No President), no central authority • No Federal Judiciary (No Supreme Court), no central law • No control of TAXATION, commerce between states or with foreign nations, money system

  8. Shays’s Rebellion • Colonies were in debt after the war, central gov’t tried to raise taxes • Farmers in western Massachusetts rebelled against tax they could not afford • Rebelled against foreclosures, forced judges out of court, freed debtors from jail • Showed that national gov’t was weak, needed to seek a stronger national gov’t

  9. The Constitutional Convention • 1787 • Revising the A of C • Demographics of Delegates -55 delegates (none from RI) -33 Lawyers -half were college graduates -7 former governors -7 plantation owners -8 business leaders -age 26-81 (avg. age 42) -all male, all white

  10. Two “Revision” Plans • Virginia Plan • Favored large states • Strong central government • Bicameral (two house) legislature – larger house elected by the people (House of Representatives, and a smaller house that was selected by larger house (Senate) • (This would change in the 17th Amendment)

  11. Two “Revision” Plans • New Jersey Plan • Agreed with strong central government…BUT • Congress would be unicameral (one house) with states having equal votes • Did not want large population states to dominate the legislature

  12. Great Compromise • A bicameral legislature in which the House of Representatives membership apportioned according to the state populations, plus 3/5 the slave population • An upper house, the Senate, which would have two members from each state, elected by the state legislature (popularly elected today)

  13. Three-fifths Compromise • Agree to allow the South to count 3/5 the population in each state to balance the power of North and South

  14. Madisonian Principles of Gov’t in the Constitution • Popular Sovereignty – power to govern belongs to the people, gov’t based on the consent of governed (with safeguards!!) • Separation of Powers – division of gov’t between branches: executive, legislative and judicial • Checks and Balances – a system where branches have some authority over others • Limited Government – gov’t is not all-powerful, and it does only what citizens allow • Federalism – division of power between central government and individual states

  15. Separation of Powers • Prevents an all-powerful ruling body • Legislature – passes law (Congress) • Executive – enforces law (President) • Judiciary – interprets law (Supreme Court)

  16. Amending the Constitution • Meant to be difficult • Require action from national and state governments • Has only happened 27 times, of which 10 were combined as the Bill of Rights and one (XXI) was used to repeal an earlier amendment (XVIII)

  17. PROPOSAL By a national constitutional convention called by Congress at the request of two-thirds of the state legislatures This method has never been used • By two-thirds vote of BOTH houses of Congress

  18. RATIFICATION By conventions in three-fourths of the states This method was only used once (21st Amendment) • By legislatures in three-fourths of the states

  19. Informal Change • Legislation from Congress • Created federal court system, the cabinet and agencies, the Commerce Clause • Executive Actions • War powers, executive agreements • Judicial Review • Not specified in the Constitution • Marbury v. Madison

  20. Informal Change • Actions of Political Parties • POLITICAL PARTIES ARE NOT mentioned in the Constitution • Parties have taken over the presidential nomination process, reducing the influence of the Electoral College • Unwritten Tradition • Senatorial Courtesy

  21. Fed vs. Anti-Fed • Ratification – formal approval • Federalist – in favor of adoption of US Constitution creating a federal union and strong central government • Anti-Federalist – opposed to ratification in 1787, opposed to strong central government

  22. Federalist Papers • Annoyingly hard to read • Best political theory ever written in US • Written by Alexander Hamilton, James Madison, and John Jay • Publius • Convince public for ratification

  23. Federalist #10 • Madison addresses biggest fear of gov’t • Faction – a group in a legislature or political party acting together in pursuit of some special interest (think fraction – ½, 1/3, etc) • Founding fathers were concerned that our government would be ripped apart • Madison defends our national Constitution

  24. Federalist #10 • Separation of Powers check the growth of tyranny • Each branch of government keeps the other two from gaining too much power • A republic guards against irresponsible direct democracy or “common passions” • Factions will always exist, but must be managed to not severe from the system.

  25. Anti-Fed Response • Central gov’t would threaten liberty • Aristocratic tyranny could happen • Demanded a guarantee of individual rights and liberty • States power was too limited

  26. Bill of Rights • 10 amendments to the Constitution • guaranteed individual freedoms and rights • limited power of national government, guaranteed rights to states • Ratified in 1789, Bill of Rights added 1791

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