The United States Constitution

1. The United States Constitution

2. The 13 Colonies

3. The Preface to the US Constitution's Creation

4. British Restrictions and Colonial Grievances In the early 1760s the British Parliament began to levy taxes on the colonies to help pay off British war debt incurred during the French and Indian Wars (1756-1763) Sugar Act of 1764 Stamp Act of 1765 Further duties on glass, lead, paint, etc. in 1767 The Coercive (“Intolerable”) Acts of 1774

5. Why the American colonies decided to declare their independence from Great Britain. - Brits tax the colonies in order to fund colonial defenses - Stamp Act:  taxation to raise revenues to let British army stay in America. - Tea Act:British government made a monopoly on American tea; causing the Boston Tea Party. - Colonists = angry over being taxed without having a say in government policymaking 

6. 1a. Analyze the Declaration of Independence and summarize the 3 parts of the document:

7. 1b. Analyze the Declaration of Independence and summarize the 4 parts of the document:

8. 1c. Analyze the Declaration of Independence and summarize the 4 parts of the document:

9. 2a. List at least 3 accomplishments of America’s first government, the Articles of Confederation (AOC).

10. 3b. List at least 5 weaknesses of America’s first government, the Articles of Confederation (AOC).

11. Homework reminder • View the next set of lectures and be prepared to discuss: • The State Constitutions; The US Constitution (Hippocampus Online Lectures);

12. APGO Day 6 Warm-up (8/22, 8/23) • When referring to the men who attended the Constitutional Convention, one historian noted, it was a "Convention of the well-bred, the well-fed, the well-read, and the well-wed.“ Explain the meaning of that statement.

13. Daily Agenda • Pre-Test • Questions from last class • Warm-up/Discussion • The American Constitution continued • Current Events due today

14. Drafting the US Constitution

15. AOC Problems: Constitution Fixes: Problems of the Articles of Confederation

16. Drafting the Constitution * Annapolis Convention (9/11/1786)  led to general convention in Philly (May 1787)  Original Goal = fix the Articles * The Delegates aka “Framers of the Constitution”: - educated, wealthy, lawyers, relatively young - James Madison (33), Alexander Hamilton (32) - RI refused to come

17. Factions Among the Delegates Centralization vs. Decentralization: - Centralization: power should be merged/unified - Decentralization: power should be spread out A majority of the delegates were nationalists who favored a stronger government Delegate beliefs ranged from near-monarchism to definite decentralized republicanism

18. Agreements & Conflicts at the Constitution Convention Conflicts: • Congressional Representation • Power of the executive(s) & judicial branch • Slavery • Regulation of commerce Agreements: - Scrap the AOC  more power in the national govt. - Est. a republican govt. - Est. a constitutional govt. - Est. a balanced govt. where no single interest can dominate • Suffrage for property owners only - Protection of property rights

19. The Virginia Plan: National legislature with representation based on population Single executive chosen by legislature Judges chosen by legislature The New Jersey Plan: National Legislature: State legislatures choose reps Each state gets 1 vote Plural executive chosen by legislature Judges appointed to life by executive All acts of Congress would be the supreme law of the land Politicking & Compromises: Small vs. Large States

20. The Great Compromise aka The Connecticut Compromise Compromise between more populous states & smaller states * Created a bicameral legislature: - one chamber based on population (House) - one chamber based on equal representation for each state (Senate)

21. Compromise: Selection of the President

22. The Three-Fifths Compromise Slavery was illegal in most northern states, but it was essential in the South Southern states wanted slaves counted in their populations Why??? The Three-Fifths Compromise provided that 3/5 of the slaves would be counted (i.e., each slave would count as 3/5 of a person) Could the slaves vote?

23. Compromise on Slavery

24. Compromise on Trade

25. The Interstate Commerce Clause * National Government can regulate INTERstate commerce & among countries …But… * National Government can’t tax international exports * State governments can’t tax imports from other states/foreign nations  States retain power to regulate INTRAstate commerce

26. The Final Version of the US Constitution

27. The Genius of James Madison, Federalist 51 “If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself. A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions.”

28. Filtering Power in the USA The Madisonian Model (Federalist #51): “…a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself.” Separation of powers: the legislative, executive, and judicial powers were to be independent of each other Checks and Balances: the 3 branches are able to prevent one another from becoming too powerful Federalism: power over people is divided between the federal and state governments

30. Preamble to the USA Constitution - Brief introduction of the whole document - Highlights the fundamental purposes & principles - Shows intentions of Founding Fathers

31. Categories of Powers • Delegated Powers: powers specifically assigned to the Federal Government. - also referred to as enumerated powers Reserved Powers: all powers not specifically delegated the Federal Government are to be reserved or saved for the State Governments • Concurrent Powers: powers are those that both the federal and state governments have simultaneously. 

32. Categories of Powers • Implied Powers: powers that are NOT specifically delegated in the Constitution, but are understood to be necessary or allowed • The necessary and proper clause provides Congress the power "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers" (art. I, sec. 8). Examples include: • McCullough vs. Maryland 1819:federal banks ok? • Gibbons vs. Ogden 1824:regulate interstate transportation? • Denied Powers: powers that are specifically NOT allowed to neither the federal or state governments • Habeas Corpus =  • Bills of Attainder & Ex Post Facto Laws = 

33. Federalism

34. Working Toward the Final Agreement (continued) Proposals that Congress select or elect the executive were eventually rejected Likewise, proposals for a plural executive were abandoned in favor of a single officer The creation of the Electoral College meant that the president was supposed to be insulated from direct popular control and from Congressional control

35. Major US Constitution Principles Popular sovereignty: “We the people” have the final say Limited government: people allow what the govt. can do Separation of powers: Power spread out in three distinct branches Checks and balances: Each has the power to stop the other Keeps them from being too powerful Judicial review: Courts job to make sure laws are correct & fair Federalism: Some power is only for feds, some only for states and some power is shared

36. 3 Branches of the US Government = 3 Headed Monster = Separation of Powers Executive Judicial Legislative US Government

37. The Difficult Road to Ratifying the Constitution The Quest for Nine States to Ratify…

38. Federalists vs. Anti-Federalists Federalists: - Favored Constitution - Madison, Jay, Hamilton - Stressed weaknesses of the AOC need strong national govt. to protect nation & solve domestic problems - Bill of Rights not needed Anti-Federalists: - Opposed Constitution - Henry, Mason, Sam Adams, - Wanted strong state govt’s - Wanted Bill of Rights to protect people from govt.

39. The Anti-Federalists claimed the Constitution: was written by aristocrats did not guarantee any liberties to citizens would weaken the powers of the states In the march to the finish, some states came through with strong majorities while others struggled or lagged Nine states ratified, putting the Constitution into effect, but until the populous Virginia and New York signed on, this ratification meant little The Federalist Paperswere written The Difficult Road to Ratification (contd)

42. The Bill of Rights

43. The Bill of Rights A Bill of Limits: the package was assembled by Madison, who collected nearly 200 suggestions Originally, the B.O.R. included no explicit limits on state government powers The Bill of Rights was applicable only to the national government until the 14th Amendment incorporated some of these rights Selective Incorporation: Through the Supreme Court, nearly all of the rights in the B.O.R. have been incorporated at the state level

44. Federalist Paper # 84 “.. that bills of rights, in the sense and in the extent in which they are contended for, are not only unnecessary in the proposed constitution, but would even be dangerous. They would contain various exceptions to powers which are not granted; and on this very account, would afford a colorable pretext to claim more than were granted.” “For why declare that things shall not be done which there is no power to do? Why for instance, should it be said, that the liberty of the press shall not be restrained, when no power is given by which restrictions may be imposed?”

45. Anti-Federalist Argument…Patrick Henry “…[W]ithout a Bill of Rights, you will exhibit the most absurd thing to mankind that ever the world saw ­ a government [i.e. state governments] that has abandoned all its powers ­ the powers of taxation, the sword, and the purse. You have disposed of them to Congress, without a Bill of Rights ­ without check, limitation, or control... You have Bill of Rights to defend against a state government, which is bereaved of all its power, and yet you have none against Congress, thought in full and exclusive possession of all power!”

46. Altering the Constitution: The Formal & Informal Amendment Process

47. Altering the Constitution: The Formal Amendment Process Every government must be able to cope with new and unforeseen problems However, any Constitutional change should be approached with extreme caution If the process to amend the Constitution is rigorous, ample time is needed to consider the merits of such a change

49. Altering the Constitution: (cont) Many amendments proposed, few accepted - although 11,000 amendments have been considered by Congress, only 33 have been submitted to the states after being approved - Of the 33 submitted to the states, only 27 have been ratified since 1789 Limits on ratification - recent amendments have usually been accompanied by time limits for ratification The Equal Rights Amendment  couldn’t reach 38 state ratification by June 30, 1982