The Constitution

1
The Constitution

• POLITICS AND COMPROMISES AND DEMOCRACY?

EUGENIA LANGAN (W/ THANKS TO TONY MILLER) MATER
ACADEMY CHARTER HIGH SCHOOL HIALEAH GARDENS,
FLORIDA
2
ESSENTIAL QUESTIONS NARROW WHAT COMPROMISES
WERE NECESSARY TO MAKE THE CONSTITUTION AND GET
IT RATIFIED, AND WHY? HOW DEMOCRATIC IS THE
CONSTITUTION? BROAD WHEN AND HOW DID A UNITED
STATES IDENTITY EMERGE? WHAT WERE THE CAUSES OF
THE CIVIL WAR?
3

• RULES CLARIFICATION
• QUESTIONS IN CLASS ONLY HIGHER-ORDER ON BLOOMS
  TAXONOMY NOT MERE FACTS YOU SHOULD KNOW FROM
  ASSIGNED READING
• ANYONE WHO QUESTIONS MY TEACHING STRATEGIES WILL
  BE SENT TO DISCUSS IT WITH MR. NUNEZ

4

• BACKGROUND / REVIEW
• STATE SOVEREIGNTY v. FEDERAL SOCIETY IS THE
  MOST DIVISIVE ISSUE FROM 1776 THROUGH THE CIVIL
  WAR
• CONCERNS ABOUT STATES LOSING SOVEREIGNTY ? MORE
  THAN ONE-YEAR DELAY BETWEEN DECLARATION OF
  INDEPENDENCE AND CONGRESSIONAL APPROVAL OF FIRST
  CONSTITUTION ARTICLE OF CONFEDERATION
• ALSO PART OF REASON FOR MORE THAN THREE-YEAR
  DELAY IN RATIFICATION OF ARTICLES

5

• ARTICLES OF CONFEDERATION (1781 1789)
• STATES RETAINED SOVEREIGNTY AND ALL
  GOVERNMENTAL POWERS EXCEPT WHAT THEY CEDED TO
  CONGRESS
• THE ONLY THING THEY CEDED TO CONGRESS WAS
  FOREIGN AFFAIRS, WAR, DIPLOMACY, MAINTAINING THE
  ARMY, CREATING A NAVY
• BUT CONGRESS HAD NO POWER TO TAX
• ALSO NO POWER TO REGULATE COMMERCE
• A SUPERMAJORITY OF 9 (69.2) STATES WAS NEEDED
  TO APPROVE CONGRESS DOING ANYTHING

6

• ALMOST TOOTHLESS FEDERAL GOVERNMENT (WHICH
  CONSISTED ONLY OF CONGRESS)
• NOT TOTALLY INEFFECTIVE PASSED LAND ORDINANCE
  OF 1785 AND NORTHWEST ORDINANCE OF 1787
• BUT WEAKNESS OF FEDERAL GOVERNMENT ? MANY
  PROBLEMS EXAMPLES
• CONGRESS COULD NOT PAY REVOLUTIONARY WAR DEBT
• CONGRESS COULD NOT PAY ARMY ? REBELLIONS IN
  ARMY, NEWBURGH CONSPIRACY (1783) AND LATER,
  SHAYS REBELLION

7

• CONGRESS COULD NOT AFFORD TO ESTABLISH A NAVY ?
• COULD NOT PROTECT MERCHANT FLEET ? AMONG OTHER
  THINGS, PAYING TRIBUTE TO BARBARY PIRATES FOR
  RIGHT TO TRADE IN MEDITERRANEAN (TRIBUTE 20 OF
  ANNUAL FEDERAL BY 1800)

18TH C. MAP SHOWING BARBARY COAST OF N.
AFRICA PIRATES FROM OTTOMAN N. AFRICA DEMANDED
FOR RIGHT TO SAIL IN MEDITERRANEAN SEE THE
TREATY OF PEACE AND FRIENDSHIP IN THE PRIMARY
SOURCE SUPP. I GAVE YOU
8

• WITHOUT A NAVY, U.S. COULD DO NOTHING WHEN
  SPAIN CLOSED MISSISSIPPI RIVER TO U.S. SHIPPING)

ONLY WAY FARMERS IN NORTHWEST TERRITORY COULD
GET THEIR GRAIN TO SEA WAS DOWN THE OHIO R. TO
MISSISSIPPI R. TO NEW ORLEANS THERE WAS
CONSIDERABLE SELF HELP BY FARMERS IN WESTERN
TERRITORIES
(NOT UNTIL PINCKNEYS TREATY OF 1795, WHEN SPAIN
WAS ON THE ROPES FROM NAPOLEONIC WARS, DID U.S.
REGAIN RIGHT OF DEPOSIT AT NEW ORLEANS)
9

• BALKANIZATION (AHISTORICAL TERM BUT APT
  THE SOVEREIGN STATES WERE DOING THINGS LIKE
• IMPOSING TARIFFS ON GOODS FROM OTHER STATES -
  EXAMPLE, N.Y. TARIFFS ON CABBAGES FROM N.J. AND
  FIREWOOD FROM CONN.
• ISSUING PAPER CURRENCY (DEFLATED OR WORTHLESS,
  LIKE CONTINENTALS DURING REVOLUTION)
• ? ECONOMY A MESS!

10
ESTIMATED MARKET VALUE OF U.S EXPORTS TO GREAT
BRITAIN/ POPULATION EXPORTS
Population Year (in thousands) (in
thousands) 1770 3,248 2,148 1771
5,978 2,211 1772 5,078
2,275 1773 4,960
2,335 1774 4,842 2,400 1775
6,555 2,463 1784
4,429 3,236 1785
4,901 3,351 1786 4,134
3,461 1787 4,488 3,576 1788
4,901 3,688 1789 4,901
3,808 1790 4,905 3,929 1791
4,724 4,056 1792 4,311
4,194
SHOWS DECLINING PER CAPITA INCOME, GROSS DOMESTIC
PRODUCT (GDP)
11
(No Transcript)
12

• DESPITE THESE PROBLEMS, CONCERNS ABOUT STATES
  LOSING SOVEREIGNTY MADE IT DIFFICULT TO FORM
  CONSENSUS TO AMEND ARTICLES
• EXAMPLE ANAPOLIS CONVENTION (SEPTEMBER 1776).
  VIRGINIA ISSUED INVITATION TO STATES TO SEND
  DELEGATES TO AMEND ARTICLES TO GIVE CONGRESS
  POWER TO REGULATE INTERSTATE AND FOREIGN COMMERCE
  -- ONLY 5 STATES CAME
• THEY CALLED FOR PHILADELPHIA CONVENTION -- BUT
  RESULT WOULD HAVE BEEN THE SAME, BUT THEN . . .

MARYLAND CAPITOL, ANNAPOLIS (1772) SITE OF THE
ANNAPOLIS CONVENTION
13

• Shays Rebellion, 1786-1787
• ARMED REBELLION
• BY gt 1,000
• MASS. FARMERS
• OVER TAXES AND
• RESULTING FORE-
• CLOSURES.
• MOST WERE REV.
• WAR VETS
• UNPAID
• MAIN BATTLES
• JAN. FEB. 87

14

• THE CONSTITUTIONAL CONVENTION , PHILADELPHIA,
  INDEPENDENCE HALL, MAY SEPTEMBER 1787
• ALL STATES EXCEPT RHODE ISLAND SENT DELEGATES
• DELEGATES ONLY AUTHORIZED TO AMEND ARTICLES OF
  CONFEDERATION
• DEMOCRACY?
• NO PUBLIC JOURNAL WAS KEPT (BUT JAMES MADISON
  TOOK MINUTES)
• ARMED GUARD POST POSTED AT DOOR

15
Independence Hall/ constitutional convention
16
JAMES MADISON (LITTLE JEMMY)(1651 1836) THE
FATHER OF THE CONSTITUTION -- ITS MAIN AUTHOR
17
ALEXANDER HAMILTON AND JOHN ADAMS ALSO WORKED ON
LANGUAGE OF CONSTITUTION
18

• FEDERALISTS (NOT TO BE CONFUSED WITH LATER
  FEDERALIST PARTY) AND ANTI-FEDERALISTS (NOT TO BE
  CONFUSED WITH LATER DEMOCRATIC-REPUBLICAN PARTY)
• FEDERALISTS MEN WHO SUPPORTED THE
  CONSTITUTION AT LEAST SOME STRENGTHENING OF
  FEDERAL GOVERNMENT
• EXAMPLE THOMAS JEFFERSON (NOT AT
  CONSTITUTIONAL CONVENTION IN PARIS) WAS A
  FEDERALIST AT THE TIME BECAUSE HE SUPPORTED
  CONSTITUTION LATER HE FOUNDED DEM-REP. PARTY

19

• THE MAIN ISSUES
• SOVEREIGNTY FEDERALISM - CONSTITUTION DID NOT
  RESOLVE THIS
• APPORTIONMENT -- OF REPRESENTATIVES IN
  CONGRESS BIG (SOUTHERN PLANTATION) STATES v.
  SMALL STATES (OTHERS)
• HOW MUCH DEMOCRACY?
• SLAVERY
• THE THREE PLANS PROPOSED AT CONSTITUTIONAL
  CONVENTION DIFFERED ON MOST OF THESE ISSUES

20

• THE VIRGINIA PLAN (BIG STATES) INTRODUCED MAY
  29, 1787 BY EDMUND RANDOLPH
• BICAMERAL LEGISLATURE LOWER
• HOUSE ELECTED, UPPER ELECTED BY
• LOWER HOUSE
• APPORTIONMENT IN BOTH HOUSES, REPRESENTATION
  BASED ON EITHER FREE WHITE CITIZENS, OR AMOUNT
  OF TAXES PAID BY STATE
• NATIONAL EXECUTIVE NOT INDEPENDENT. ELECTED
  BY LOWER HOUSE, TERM LIMITS. WITH NATIONAL
  JUDICIARY COULD VETO LAWS.

21

• THE NEW JERSEY (SMALL STATE) PLAN, INTRODUCED
  BY WILLIAM PATERSON JUNE 15, 1787.
• NO CHANGE IN CONGRESS/
• APPORTIONMENT UNICAMERAL, ALL
• STATES HAVE SAME REPRESENTATIVES
• TAXES APPORTIONED ON BASIS OF
• OF FREE WHITE PERSONS
• INDENTURED SERVANTS 3/5
• OF OTHER PERSONS BUT NOT INDIANS
• EXECUTIVE COMMITTEE NOT INDEPENDENT, ELECTED
  BY CONGRESS, TERM LIMITS

22

• THE HAMILTON (BRITISH) PLAN, PROPOSED JUNE 18,
  1787
• BICAMERAL LEGISLATURE W/ ASSEMBLY AND SENATE.
• ASSEMBLY POPULARLY ELECTED, SENATE ELECTED BY
  ELECTORS WITHIN DISTRICTS
• EXECUTIVE GOVERNOR ELECTED BY SAME
  ELECTORS AS SENATE LIFE TERM

23
THE COMPROMISES
24

• THE GREAT COMPROMISE AKA THE CONNECTICUT
  COMPROMISE PROPOSED BY ROGER SHERMAN OF
  CONNECTICUT
• BICAMERAL LEGISLATURE HOUSE AND
• SENATE. (VA., HAMILTON) .
• APPORTIONMENT REPRESENTATION IN
• HOUSE BASED ON POPULATION (BUT SEE 3/5
  COMPROMISE) EACH STATE HAS TWO SENATORS
• DEMOCRACY HOUSE ELECTED, SENATE APPOINTED BY
  STATE LEGISLATURE.
• HOUSE MEMBERS 2YEAR TERMS, SENATORS STAGGERED
  6-YEAR TERMS (NO MORE THAN 1/3 CAN BE BOOTED OUT
  OF OFFICE IN ANY ELECTION)
• ALL IN ARTICLE I

25

• PRESIDENT HAS 4-YEAR TERMS (VA., N.J.) BUT
  INDEPENDENT ELECTED BY ELECTORAL COLLEGE
  (HAMILTON) ARTICLE II
• JUDICIAL BRANCH ALSO INDEPENDENT APPOINTED BY
  PRESIDENT, CONFIRMED BY SENATE (UNELECTED
  OFFICERS!), LIFE TERMS (GOOD BEHAVIOUR)
  ARTICLE III
• THE THREE-FIFTHS COMPROMISE APPORTIONMENT OF
  REPRESENTATION AND TAXES POPULATION FREE
  WHITE PERSONS INDENTURED SERVANTS 3/5 OF
  OTHER PERSONS BUT NOT INDIANS (NJ) ARTICLE I

26

• COMMERCE COMPROMISE (ART. I 8 1) CONGRESS
  CAN TAX IMPORTS, BUT NOT EXPORTS
• NOTE GENERAL TAX POWER IS LIMITED BY ALL TAXES
  MUST BE UNIFORM THROUGHOUT THE UNITED STATES ?
  NO INCOME TAX
• SLAVERY
• 3/5 COMPROMISE, SUPRA
• B. CONGRESS COULD NOT BAN SLAVE TRADE UNTIL 1808
  (BUT COULD IMPOSE 10 TAX PER IMPORTED SLAVE (ART
  I 9).
• C. FUGITIVE SLAVE CLAUSE (ART. IV 2 3)

27
Powers Granted to Congress (ART I 8)

• Enumerated Powers
• tax
• regulate interstate and foreign
• commerce
• 16 more, INCLUDING DECLARING WAR, COINING ,
  NATURALIZATION
• 18 Necessary and Proper CLAUSE AKA
• Elastic Clause

28

• SOVEREIGNTY FEDERALISM
• THE SUPREMACY CLAUSE (ART. VI 2) THIS
  CONSTITUTION, AND THE LAWS OF THE UNITED STATES
  MADE IN PURSUANCE THEREOF . . . SHALL BE THE
  SUPREME LAW OF THE LAND.
• DIDNT RESOLVE SOVEREIGNTY ISSUE BECAUSE IT
  DEPENDS ON WHAT POWERS FEDERAL GOVERNMENT HAS
  (ESP. CONGRESS) AND THAT DEPENDS ON WHETHER THE
  POWERS ARE CONSTRUED STRICTLY OR LIBERALLY

29
STRICT VERSUS LIBERAL CONSTRUCTION STRICT
INTERPRETS ENUMERATED POWERS AND NECESSARY AND
PROPER CLAUSE NARROWLY, LITERALLY LIBERAL
BROAD INTERPRETATION OF ENUMERATED POWERS AND
NECESSARY AND PROPER CLAUSE BEYOND SPECIFIC
WORDING
30
SIGNING THE CONSTITUTION IN FACT, ONLY 39 OF
THE 55 DELEGATES SIGNED IT
31
Ratification (1787 88)

• 2/3s of States REQUIRED
• Special Elections for Delegates to State
  Conventions
• Federalists versus
• Anti-Federalists
• The Federalist

32
(No Transcript)
33
The Federalist

• 85 essays IN NY PAPERS
• ARGUING FOR RATIFICATION
• ohn Jay
• SIGNED PUBLIUS,
• WRITTEN BY HAMILTON,
• MADISON AND JOHN JAY
• THEY ARE THE MOST
• IMPORTANT AUTHORITY ON
• THE MEANING OF THE
• CONSTITUTION

34

• BILL OF RIGHTS NONE WAS INCLUDED AT CONVENTION
• THE FEDERALIST ARGUED NONE WAS NECESSARY
  (HAMILTON SAID FEDERAL GOVERNMENT HAD NO POWER TO
  DEPRIVE CITIZENS OF THEIR NATURAL RIGHTS
• (NOT WHAT HE REALLY THOUGHT!)
• BUT MOST STATES WOULD NOT RATIFY CONSTITUTION
  WITHOUT A BILL OF RIGHTS, SO MADISON WROTE ONE
  (AMENDMENTS 1 -10)

35
Bill of Rights
36

• Amendment I
• Congress shall make no law respecting an
  establishment of religion, or prohibiting the
  free exercise thereof or abridging the freedom
  of speech, or of the press or the right of the
  people peaceably to assemble, and to petition the
  government for a redress of grievances.
• Amendment II
• A well regulated militia, being necessary to the
  security of a free state, the right of the people
  to keep and bear arms, shall not be infringed.
• Amendment III
• No soldier shall, in time of peace be quartered
  in any house, without the consent of the owner,
  nor in time of war, but in a manner to be
  prescribed by law.
• Amendment IV
• The right of the people to be secure in their
  persons, houses, papers, and effects, against
  unreasonable searches and seizures, shall not be
  violated, and no warrants shall issue, but upon
  probable cause, supported by oath or affirmation,
  and particularly describing the place to be
  searched, and the persons or things to be seized.
  
• Amendment V
• No person shall be held to answer for a capital,
  or otherwise infamous crime, unless on a
  presentment or indictment of a grand jury, except
  in cases arising in the land or naval forces, or
  in the militia, when in actual service in time of
  war or public danger nor shall any person be
  subject for the same offense to be twice put in
  jeopardy of life or limb nor shall be compelled
  in any criminal case to be a witness against
  himself, nor be deprived of life, liberty, or
  property, without due process of law nor shall
  private property be taken for public use, without
  just compensation.

37

• Amendment VI
• In all criminal prosecutions, the accused
  shall enjoy the right to a speedy and public
  trial, by an impartial jury of the state and
  district wherein the crime shall have been
  committed, which district shall have been
  previously ascertained by law, and to be informed
  of the nature and cause of the accusation to be
  confronted with the witnesses against him to
  have compulsory process for obtaining witnesses
  in his favor, and to have the assistance of
  counsel for his defense.
• Amendment VII
• In suits at common law, where the value in
  controversy shall exceed twenty dollars, the
  right of trial by jury shall be preserved, and no
  fact tried by a jury, shall be otherwise
  reexamined in any court of the United States,
  than according to the rules of the common law.
• Amendment VIII
• Excessive bail shall not be required, nor
  excessive fines imposed, nor cruel and unusual
  punishments inflicted.
• Amendment IX
• The enumeration in the Constitution, of certain
  rights, shall not be construed to deny or
  disparage others retained by the people.
• Amendment X
• The powers not delegated to the United States
  by the Constitution, nor prohibited by it to the
  states, are reserved to the states respectively,
  or to the people.

38

• note the 10th amendment preserves some state
  sovereignty
• The powers not delegated to the United States
  by the Constitution, nor prohibited by it to the
  states, are reserved to the states respectively,
  or to the people
• but how much state sovereignty depends on
  strict construction v. liberal construction of
  powers of federal government!

39
(No Transcript)
40
April 30, 1789 george washington takes the oath
as first president of the united states
41
His Excellency

• President for Life?
• 4 Year Term but
• No Limit on
• Number of terms!

42
POLITICAL CARTOON, 1789 LAUNCHING THE SHIP OF
STATE
43
Charles A. Beard
44
WHAT DOES HOWARD ZINN SAY ABOUT BEARDS THESIS?
45
ALEXANDER HAMILTON, FIRST SECRETARY OF
TREASURY FOUNDING WIZARD
46
Legacy?

• "There is an elegant memorial in Washington to
  Jefferson, but none to Hamilton.  However, if you
  seek Hamilton's monument, look around.  You are
  living in it.  We honor Jefferson, but live in
  Hamilton's country, a mighty industrial nation
  with a strong central government.
• George Will, 1992

47
SOME MONUMENTS TO HAMILTON THE U.S. TREASURY
AND A STATUE OF HIM THERE