The Constitution

1
The Constitution

• Chapter 2

2
The Path to Independence

• Colonial life was actually good.
• Colonists became used to self-government and
  enjoyed more liberty, wealth, even equality than
  most of the world.
• London 3000 miles away, 2mnths to reach king

3

• 1754-1763The French and Indian War (AKA 7 Years
  War) Doubled Englands debt.
• King George III came to throne in 1760.
• England imposed new taxes on the colonies.

4
Events

• Stamp Act Congress
• Boston Massacre
• Boston Tea Party

5
Parliament responds to BTP by passing Intolerable
Acts

• 12 colonies met as 1ST CONTINTENTAL CONGRESS
• 1774 sent Declaration of Rights Grievances to
  King George III agreed to meet next May
• Began boycott of all English goods

6
2nd Continental Congress

• Began May 1775 Revolution underway
• Battles of Lexington Concord
• John Hancock elected Pres. George Washington
  named to lead army
• 1st natl gov. for 5 years
• Unicameral
• Each colony had 1 vote

7
Declaration of Independence

• Proposed by Richard Henry Lee
• Written by Thomas Jefferson
• Announced independence from Great Britain

Thomas Jefferson
8
Declaration of Independence

• Document contains many of John Lockes
  philosophies
• 2/3rds mentions colonies grievances with the King

John Locke
9
Declaration of Independence

• Locke People are entitled to life, liberty, and
  property
• Jefferson People are entitled to life, liberty,
  and the pursuit of happiness.

10
Social Contract Theory

• Thomas Hobbes, John Locke, Jean Jacques Rousseau
• In a state of nature people can do what they
  want.
• People recognize that Government is necessary to
  keep order.
• People give up their power to govt
• Government uses power to protect the people
• Locke Govt is created by the CONSENT OF THE
  GOVERNED

11
The Articles of Confederation

• Wanted Something more formal and permanent.
• Got A weak central govt with no major power.
  Led to turmoil between states.

12
Structure of Articles

• Approved 1777, not ratified until 1781
• Established only a Firm League of Friendship
• States held the power- not the national
  government
• Gov was unicameral
• Each state had only 1 vote regardless of
  population
• Presiding officer was chosen by Congress

13
Weaknesses

• Congress could not TAX!
• Major debt from Revolutionary War
• Congress had no power to regulate interstate
  trade.
• No Executive to enforce laws
• No National judiciary
• Both states AND national government could coin
  money.

14

• 9 / 13 states for any law to pass
• All 13 states needed to make an amendment
• 1 vote per state regardless of size

15
What to do now

• 1786-Leaders met in Annapolis
• Only 5 States represented.
• Decided to meet in Philadelphia to amend the
  Articles of Confederation

16
Shayss Rebellion

• Helped expose the weakness of the Articles
• 1787- Daniel Shays led an uprising forcing the
  courts in Massachusetts to close so they could
  not foreclose on farms.
• MA Governor turned to the Continental Congress
• They did not have the money to send an army
• Shayss Rebellion helped increase the turn-out at
  Philadelphia.

17
Constitutional Convention

• May 1787- Philadelphia
• 12/13 Rhode Island (RI) not there
• 74 delegates (reps) chosen 55 present
• Assembly of demi-gods Thomas Jefferson
• I smelled a rat Patrick Henry

18
Constitutional Convention

• George Washington unanimously elected pres. of
  convention
• One vote per state majority ruled
• Rule of secrecy
• James Madison kept excellent journal
• Father of Constitution

19
Some of the main issues included

• Representation
• Slavery
• Voting
• Economic Issues
• Individual Rights

20
Virginia Plan

• 1st Plan 3 separate branches
• Legislative, Executive, Judicial
• Leg. Branch- Bicameral Congress
• Representation based on population OR money given
  to the national government
• House- popular election
• Senate- state legislature election
• Exec.and Jud. chosen by the legislature.

21
Virginia plan.

• Natl legislature would be able to veto State
  laws
• Congressional acts could be vetoed by a council
  of revision (The Executive and some judges).
• Smaller States disliked it
• Gave too much power to larger States.

22
New Jersey Plan

• AMEND the Articles-NOT abolish them
• Unicameral Congress with equal representation
• Congress had same power as Art. of Confed. the
  power to tax and control trade
• Federal Executive chosen by Congress
• Wanted more than 1 feared a King
• Smaller states liked it big states disliked it
• Did not give enough power to the people

23
Connecticut Compromise

• A.K.A. Great Compromise
• Bicameral representation (2 house legislature)
• Senate based on equal representation (2 per
  state)
• House based on population.

24
Slavery- 3/5 Compromise

• Question about whether slaves would be counted in
  the population.
• Slaves were counted as a 3/5 of a person
• and 3/5 of all other persons
• Compromise between southern states who wanted
  slaves to count and the northern states who
  didnt want them to count.

25
Voting

• The delegates evaded the question of who should
  be allowed to vote by leaving the question up to
  the States.

26
Economic Issues

• These features were designed to empower the
  national government to make economic policy and
  protect property.
• Congress given the power to
• tax and borrow money,
• regulate foreign and interstate
• create currency

27
Individual Rights

• Delegates assumed States would assure individual
  rights.
• Constitution said little about personal freedoms.
• It does list a few prohibited items.

28

• Constitution prohibits
• Suspension of the writ of Habeas Corpus
• enables those detained by authorities to receive
  immediate justification for the cause of their
  detention
• Bills of Attainder
• Punishes people without trial
• Ex Post Facto laws
• Punishes people for acts not illegal when they
  were committed
• Religious qualifications for holding national
  office.

29
State Constitutions

• 11/13 states had adopted State Constitutions
• Importance Served as a examples of what worked
  and what did not
• Most States had a Bill of Rights
• Influenced the creation of THE Bill of Rights in
  the Constitution.

30
James Madison as Architect

• Feared factions of self-interested individuals
  banding together to create tyranny.
• To prevent the evils of factions- Madison drew
  examples from State Constitutions and proposed 4
  ideas

31

• Separation of Powers
• Division between the branches of government.
• Checks and Balances
• They are designed to check each other to limit
  mistakes and power.
• Federalism
• Division of power between a central government
  and several regional or local governments.
• Limits on the majority
• Keeping the govt beyond the control of the
  masses.

32
RatificationFeds vs. Anti-Feds

• The proposed Constitution called for 9 of 13
  States to approve document.
• Federalists- Supported ratification of the
  Constitution. (nationalists)
• Anti-Federalists- Opposed ratification of the
  Constitution. (states righters)

33
Anti-Federalists

• Included Patrick Henry, Samuel Adams.
• Main Objections were
• The Constitution made the national government too
  strong.
• There was no Bill of Rights

34
Federalists

• Included James Madison, Alexander Hamilton, and
  John Jay.
• Felt a strong national govt was the only way to
  fix problems seen under the Articles.
• Response to the Bill of Rights issue
• Believed it is not necessary to list all rights
  people have it would be impossible
• If you forget to mention a right people might
  think they dont have that right

35
Publius

• Alexander Hamilton, John Jay, and James Madison
  published a series of articles in the New York
  newspapers.
• Wrote 85 articles from late 1787-1788
• Known as the FEDERALIST PAPERS.
• At the end, always signed the name Publius

36

• Most of the Federalist papers written by
  Hamilton.
• The 2 most famous articles written by Madison.
  Federalist nos. 10 and 51
• Federalist 10- offers Madisons warning about
  factions and strategies to deal with them.
• Federalist 51- elaborates on checks and balances
  as the solution to factions.

37
Ratification

• NH was 9th to ratify however without VA NY
  document had little actual power
• VA finally approved when Washington Madison
  convinced Jefferson
• Washingtons leadership was critical to get
  Jeffersons support

38
Ratification

• NY fight for ratification continued
• Federalist Papers helped in NY
• NY finally ratified this gave credibility
• Bill of Rights added 2 yrs. Later to please
  Anti-Feds.
• NY ratification meant Constitution had REAL power!

39
New Gov. took effect 9/13/1788

• NYC was 1st capital
• Jan 1789 electors chosen
• Feb. vote took place
• March electoral votes counted
• G. Washington unanimously elected president
• John Adams selected VP

40
Weakness in Articles of Confederation Example   Change in Constitution
No Standing Army Inability to deal with the threat of "Shay's Rebellion" Federal Government is given the power to raise and maintain a standing army
No Federal Taxation States did not pay debts to Congress and so federal gov't had no Congress is granted the power to tax, impose duty and raise tariffs
No Single National Currency States minted money, no set exchange disrupted trade among the states Congress is granted sole power to coin money
No Executive Leadership Failure of direct leadership resulted in indecision A strong executive (President) is created
Each State had Equal Vote in Congress Smaller states with low populations had disproportional power Bicameral Legislature with Representation based on population in the House (Proportional).
9/13 States needed to pass laws. n/a Bills need a simple majority in both houses of Congress to pass.
Required Unanimous Vote to Amend Complete inability to correct the failures under the articles Two-thirds of Congress and three-fourths of the states necessary to amend the Constitution
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42
Marbury v. Madison (1803)

• Power of judicial review first asserted in this
  case
• Background
• John Adams- outgoing president makes several
  midnight appointments the night before his term
  ends.
• Thomas Jefferson- incoming president is angered,
  and orders his secretary of state, James Madison,
  to withhold commissions.
• Appointment had been approved by the Senate but
  not delivered.

43
Marbury v. Madison (1803) cont.

• William Marbury asked the Supreme Court for a
  Writ of Mandamus forcing Madison to deliver the
  commissions
• Marbury did not appeal from lower court.
• The Judiciary Act of 1789 gave the Supreme Court
  the right to hear cases without going through the
  lower courts first.
• The Supreme Court declared part of the Judiciary
  Act of 1789 unconstitutional.
• First case in which the Supreme court declared a
  law unconstitutional. (or first time the power of
  judicial review was asserted.)