The Road to the Constitution

1
The Road to the Constitution

• Civics

2
Colonial Background

• 1607 Eng. Govt. sent a group of farmers to
  establish a trading post , called Jamestown, now
  VA
• The Virginia company was the first to establish a
  permanent colony in the Americas
• The King gave the backers of the colony a charter
  granting them full power and authority to make
  laws.

3
Jamestown

• The colonists created representative assembly
  a leg. made up of individuals who represent the
  population
• Many died 105 who landed 67 died in first year
• 800 new arrivals came in 1609 by spring of 1610
  numbers cut to 60. of 6000 who came from
  1607-1623 about 4,800 died-

4
Separatists / the Mayflower Compact

• 1620 first New England colonists landed at
  Plymouth ( Massachusetts)
• Made up of a group of extreme separatists
• who wanted to break with Anglican Church
• Before going on shore they ( adult males)
• (Women still did all the work but had no
  political rights) drew up the Mayflower Compact
  signed by 41 of 44 men Nov. 21, 1620

5
Why the Compact

• The group was outside the jurisdiction of the VA.
  Co. of London which chartered in VA not
  Massachusetts.
• Separatist leaders thought that some passengers
  might think they did not have to follow
  obligations of civil obedience
• So some public authority had to be established
  rumors and mutinous speeches on the ships

6
What was the Compact

• Not a constitution
• Was a political statement
• Signers agreed to create and submit to the
  authority of govt. pending receipt of a royal
  charter

7
Why is the Compact Significant?

• Historical and political significance
• It depended on the consent of the affected
  individuals
• It also served as the prototype for similar
  compacts in American History
• Proved they wanted to live under rule of law
  based on consent of the people

8
More Colonies

• Then in 1630 the Mass. Bay Colony was set up
• Then Rhode Island, Connecticut, New Hampshire ,
  and others the last in 1732 of the original 13
  was Georgia
• Used limited govt, London governed the colonies
  , they did have large measure of self-govt.
• A lot of colonial laws foreshadowed the
  Constitution and Bill of Rights

9
Colonial Conflict

• Began in 1760s when G.B. decided to raise
  revenues by imposing taxes on Am. Colonies
• Advisors to King George III ( 1760) convinced him
  that it made sense to tax the colonies to pay for
  defending them in French and Indian War
  (1756-1763)

10
No taxation without representation!!!

• In 1764 British parliament passed the Sugar Act
• Colonists unwilling to pay it
• 1765 passed the Stamp Act providing for internal
  taxation taxation without representation
• Created the Stamp Act Congress (1765)
• Colonists boycotted the purchase of English
  commodities

11
No Taxation without Representation!!!!

• Continued to impose taxes on glass, lead, paint,
  and other items in 1767
• - They boycotted again
• The colonists fury over taxation climaxed in
  Boston Tea Party
• colonists dressed as Mohawk Indians dumped 350
  chests of tea into Boston Harbor

12
British response

• In response to Tea Party in 1774 Parliament
  passed the Intolerable Acts
• Closed the Boston Harbor
• Placed Massachusetts under direct British control
  
• Colonists outraged

13
The First Continental CongressSept. 5 , 1774

• Created due to passage of Intolerable acts
• Caused colonists to send delegates to a meeting
  to discuss matters and make plans for action
• Only 12 sent delegates Georgia did not attend
  until 1775
• Little talk of independence
• Delegates passed resolution to send delegation to
  petition King George III expressing their
  grievances

14
First Continental Congress

• Also passed resolutions to require colonies to
  raise their own troops and boycott British trade
• They also declared that a committee be created in
  every county and city that would spy and report
  to the press anyone not participating in the
  boycott
• Cooperation which was a step to forming national
  govt.

15
Response of Crown to Congress

• King George III and the British govt. condemned
  the actions of the Congress and treated them as
  open acts of rebellion

16
2nd Continental Congress

• In May of 1775 a new congress met but by now the
  Revolution had begun
• Notable newcomers attended including Ben Franklin
  and John Hancock who was selected as president
• They organized a govt. an established an army led
  by George Washington who was elected as commander
  in chief
• First govt. until Articles of Confederation

17
2nd Continental Congress

• Lasted from the signing of the Declaration to
  March 1, 1781 Articles
• The Congress was unicameral- 1 house
• Exercising both legislative and executive powers
• Each colony had one vote
• Executive functions were handled by a committee
  of delegates

18
Public reaction

• Thomas Paines, Common Sense , pamphlet appeared
  on Philadelphia bookstores and became a best
  seller basically saying that they needed to form
  a constitution of their own

19
Second Continental Congress

• On April 6 , they voted for free trade at all Am.
  Ports with all countries but Britain
• Interpreted as declaration of independence
• The next month the Congress suggested that each
  of the colonies establish state governments
  unconnected to Britain
• Then on July 2, the Resolution of Independence
  was adopted

20
Declaration of Independence July 4, 1776

• Mostly written by Thomas Jefferson but also
  Adams, Franklin, Roger Sherman, and Robert
  Livingston )
• Inspired by Locke, Rousseau and Montesquieu
• Natural Rights as they relate to life, liberty
  and property
• The consent of the governed
• Limited government
• 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

21
I do declare

• Jefferson had to take out a phrase about
  condemnation of slave trade to gain acceptance of
  the Georgia and North Carolina
• July 19 became unanimous declaration of 13
  colonies
• Aug. 2, signed by the members of the 2nd
  Continental Congress

22
Philosophical Basis

• The use of Lockes unalienable rights reveals
  influence from Two Treatises on Govt. ( 1690) is
  cornerstone to natural rights
• Locke argued all people had right to life ,
  liberty, and property and govt. had to protect
  those rights
• Govt. est. by the people through social contract
  form a govt. and abide by rules
• Like Mayflower Compact not new

23
Philosophical Basis

• In citing pursuit of happiness instead of
  property T.J. went even further than Locke
• Mostly it lists what He, King George III did to
  the colonists

24
The Grievances

• Case against G.B.
• No taxation without representation
• Unjust trials
• Quartering of British soldiers
• Abolition of colonial assemblies
• Policy of mercantilism ( the belief that to
  become wealthy and powerful a govt. had to
  accumulate gold and sliver export more than
  they import- have raw materials need for
  colonies)

25
Statement of Separation

• Jefferson said the colonists had no choice but to
  revolt
• England had a superior navy and resources to
  support a war
• But colonists had knowledge of the land,
  leadership and the desire to be free

26
Goals of the Founders

• Create a government based on idea of consent of
  the governed
• State government s urged to adopt their own
  constitutions
• Most granted same rights as they had under
  British rule
• They varied widely in detail
• All of them gave little power to the governor
• Political authority given to legislature and
  short elective terms

27
Goals of the Founders

• Power was not centralized could and would not
  have a king
• Even though they said all men were equal this
  was only meant to apply to white men
• Property as an indicator of wealth and status was
  also a requirement for political office

28
Articles of Confederation

• Was drafted in June 1776 by the Second
  Continental Congress
• Final form made by Nov. 15, 1777
• March 1 1781 did the last state MD. Ratify it (
  implemented before this)
• First govt. of the U.S.
• Relied on states to make decisions that would
  ultimately determine whether a new nation would
  survive

29
A of C 2 levels of govt.

• Weak national government
• One-house ( unicameral) Congress
• Could declare war , make peace, sign treaties
• Could borrow money but no power to tax
• the states
• There was a national army and navy, no power to
  draft soldiers
• No chief executive or national court
• Legislation had to have 2/3 majority to pass
• Amendments had to be unanimous

30
Features of New State governments

• Popular Sovereignty- states existed by consent of
  the governed , people who hold the power and the
  people are sovereign
• Limited govt. - the power of the States
  government was restricted
• Civil Rights and liberties- each state clearly
  announced the rights of its citizens
• 7 of the new contained a form of bill of rights

31
Features of New State govt.

• Separation of power and Checks and Balances
  each state govt. organized with independent
  branches of govt.

32
A of C Dominate State govts.

• State govt. had to be dominant
• Created their own currency
• Refused to amend the Articles
• Refused to recognize treaties made by national
  government
• Imposed tariffs on each other

33
What was in the Articles

• Formed a govt. of the states called the Congress
  of the Confederation
• Established a firm league of friendship among
  the states that came together for the common
  defense and securtiy of liberty and their mutual
  and general welfare
• Most power rested with states

34
A of C Govt. Structure

• Govt. under articles was unicameral
• No executive or judiciary
• Delegates chose annually as determined by
  states
• Executive and judiciary handled by committee of
  Congress
• Congress chose one of its members as president
  but not of U.S. this would be done annually

35
Powers of Congress

• Most powers related to common defense and foreign
  affairs
• Under the A of C Congress had the power to
  maintain an army and a navy

36
State Obligations

• The States agreed to accept several obligations
  to the central govt.
• They retained many powers of govt. for themselves
  
• Required to give full faith credit and generally
  accept horizontal federalism ( allocation of
  power among co-equal states
• States retained powers not given to Congress

37
Who had power in states

• Power began to shift to farmers and craft workers
  in the states who emerged as the middle class
• Small farmers began to dominate state politics
• Led to opposing political parties ( Federalists
  and Anti-Federalists)

38
Trying to fix the A of C

• Efforts to correct problems informal at first
• Like conferences to deal with commerce
  disagreements between states
• One was in Annapolis was poorly attended and led
  to a call for a Philadelphia Convention

39
Shays Rebellion-Aug. 1786

• Farmers returning from Rev. War faced with
  extremely high taxes for which they had no money
  severe depression and fields were fallow
• Farms were foreclosed upon also govt. owed them
  back pay for military service in Rev.
• Daniel Shays led a group of farmers to take over
  the Massachusetts State Armory and interrupt
  trials of debtors in Springfield Massachusetts
• Revolt succeeded in pointing out weaknesses of
  the new govt.

40
Shays Rebellion

• Jefferson did sympathize with them
• However the governor of Mass. Called on Congress
  to put down rebellion but there was no army so he
  was able to raise enough money to raise a militia

41
Shays Rebellion

• Showed central govt . Could not protect citizens
  from armed rebellion or provide for the public
  welfare
• Pointed out that Congress and the army were weak
  and mob action was increasing
• At Virginias urging five states met at the
  Annapolis Convention in late 1786 to address
  crisis it was inconclusive
• They recommended to have a constitutional
  convention of all the states to be held following
  spring in Philadelphia to amend A of F

42
Weaknesses under A of C

• Govt. lacked the power to levy taxes
• Could not regulate trade between states
• No power to make the states obey A of C
• Could only exercise powers with the consent of 9
  of the 11 state delegations
• No amendments added because it had to be
  unanimous among 13 states

43
Successes

• During 8 years of existence states claims to
  western lands Settled
• Maryland had objected to land claims by
  Carolinas, Conn., Georgia, Mass, N.Y. and
  Virginia until they gave land claims up to U.S.
  as a whole only did MD. Ratify the A of C

44
Successes under A of C

• Northwest Ordinance of 1787 established a
  pattern of government for new territories north
  of the Ohio River
• First pooling of resources by the Am. States

45
The Philadelphia Convention

• The delegates ignored the delegates request to
  amend A of F and decided to draft a new plan of
  govt.
• With the exception of Rhode Island the rest of
  the states sent 55 delegates to the Convention in
  1789

46
Philadelphia Constitutional Convention

• Make up of delegation
• All men, all white
• Average age -42 (Ben was oldest at 81) youngest
  26
• Most had important roles in Revolution
• Most served in state legislature ( 7 former
  governors)
• Most were of moderate means , some wealthy
• None were poor
• Some attended college (31)
• Many were merchants, 33 lawyers, farmers
  bankers
• 7 plantation owners, 8 business leaders

47
Founders and their beliefs

• Original intent was to reform the Articles , but
  most realized reform was not enough
• Shared a cynical belief that people should not be
  given power to govern freely checks had to be
  put in place
• Many came from upper and new middle class
  factions started to show that would exist not
  only in society, but in politics as well

48
Key Concepts of Founders

• William Blackstones Commentaries on the Laws of
  England, Montesquieus, The Spirit of the Law,
  and Rousseaus ,Social Contract , all showed
  popular sovereignty ( right to rule yourself) and
  limited govt. ( not too powerful)
• From Locke , Second Treatise of Civil Govt. ,
  also gave Framers idea of judicial review (
  determine constitutionality of laws)

49
Key concepts continued

• From the many state constitutions the Framers
  developed ideas of Checks and Balances and
  Separation of Powers

50
Key Agreements

• Major disagreement over representation in
  Congress
• Two plans develop Virginia Plan and New Jersey
  Plan

51
Whats the plan???

• The Virginia Plan
• Proposed by Edmund Randolph of __
• Introduced from the start. Set the course, drawn
  up by Federalists.
• Main points Bicameral house w/much power and
  delegates based on population or contributions to
  the central govt.
• Lower House popularly elected
• Upper House to be chosen from lists provided by
  state legislature

52
Virginia Plan

• Small states such as Delaware and Rhode Island
  would have one representative in lower chamber
  while large states like Mass. And VA would have
  more than a dozen
• Condemned by small states who rallied around New
  Jersey Plan instead

53
A Second Plan

• New Jersey Plan or small state plan
• Proposed by William Patterson of New Jersey
• Unicameral legislature where each state would be
  equally represented
• called for a stronger national govt. Who could
  tax and regulate commerce among the states
• In most respects Articles would remain in place
• each state big or small would have a single vote

54
The Great Compromise

• The debate over VA and N.J. plans dragged on for
  weeks before they reached a compromise

55
What were some significant compromises in
building the Constitution?

• The Great Compromise bicameral Congress House
  apportioned by population, Senators apportioned
  two per state and voted on by state legislature
  (AKA Conn.) ( changed with 17th amendment)
• the small states never would have agreed to join
  union if their vote was always weaker this was
  Article V of Constitution

56
The Great Compromise

• All spending bills had to originate in the House
  of Representatives

57
North- South Compromise

• Issue of the economy
• South had agricultural and slave-based economy
• North had a stronger manufacturing based econ.
  And would gain a numerical majority in Congress
  and proceed to enact unfair tax policies
• If Congress levied high import tariffs on
  finished goods from foreign nations to protect
  Am. Businesses and placed heavy export tariffs on
  AG goods then the burden of financing the new
  govt. would fall on the South
• Delegates from South worried that Northern reps
  might tax or even bar importation of slaves

58
North South Compromise

• After extended debate they compromised
• Congress was prohibited by the Constitution from
  taxing exports, but could tax imports
• Also Congress was prohibited until 1808 from
  passing laws to end slave trade.
• What they were doing was illegal! (It was NOT
  revision)

59
3/5th Compromise

• Most controversial trade off during convention
• Dealt with representation on lower house
• For purposed of apportionment of taxes and seat
  in House of Reps. Each slave was to count as
  3/5th of a person
• North argued against slave count since they were
  counted as property, and of course held in
  bondage
• South wanted them counted as full persons for
  purpose of lower house population counts ( would
  decrease federal taxes levied on southern states)

60
The compromise

• The settled on both taxation and apportionment
• They counted slaves as 3/5th of a person
• South got the better deal- if slaves not counted
  the south would have had slightly more than 35
  of House seats with this had 45 of seats a lot
  of power in national legislation
• North had to allow this to get support of
  Southern States to join Union

61
Issue of slavery and framers frame of mind

• Many would think that most of framers had no
  qualms about slavery
• Not true most were deeply troubled by it,
  noticing the conflict with Lockean principle of
  all are created equal and entitled to
  individual rights
• inconsistent with the principles of the
  Revolution MD. Luther Martin and dishonorable
  to the Am. character to have such a feature in
  the Constitution. George Mason VA slaveholder
• Slaveholders bring judgment of heaven on a
  country, ( Franklin)
• Hamilton also involved in antislavery
  organizations

62
Factions among the Framers

• Madison kept a daily journal of the events
• They were held in secret
• Majority of delegates were nationalists
• Wanted national govt. to have real power
• G.W.and Ben Franklin preferred limited national
  authority based on separtation of power but
  willing to accept any type of National govt.

63
Is Jefferson whispering, Look, Washingtons
nylons dont match!, to Franklin?

• O

64
Factions among Delegates

• Strong central govt. advocates

• Advocates of monarchy

• Gov. Morris of Penn.
• John Rutledge of S.C. distrusted the people to
  self- rule

• Some nationalists
• Included Alexander Hamiltion- who called for
  Convention thought British govt. was the best

65
Factions among delegates

• Democratic Nationalists

• Nationalists who were less democratic

• Led by James Madison of VA and James Wilson of PA
• Wanted central govt. based on popular support

• Edmund Randolph and George Mason of VA
• Luther Martin and John Mercer of MD.
• Wanted strong central govt. only if it was only
  founded on a very narrowly defined republican
  principles

66
Factions of Delegates

• Claims to Western Lands

• Group opposed to National Government

• MD. , Conn., Delaware, New Hampshire, and N.J
  only concerned with making sure western lands
  remained in hands of central govt.

• 2 of the 3 from N.Y. walked out once they found
  out the nationalist direction of the convention

67
Executive and Judiciary Branches

• Executive and Judiciary was settled by a 5 person
  Committee of Detail which presented a draft of
  the Constitution on Aug. 6 1787
• It made executive and Judicial branches
  subordinate to legislative branch

68
Madisonian Models

• Separation of Powers
• Done to prevent tyranny either by majority or
  minority
• No branch would have more power than any other
• Congress passes laws, executive enforces and
  judicial interprets
• Federalist 51 ( Woll pg. 44)

• Checks and Balances
• Each branch checks the power of the other 2
  branches

69
Does one branch outweigh another?
70
The Executive Branch

• Some delegates favored a plural executive made up
  of representatives from various regions abandoned
  in favor of single chief executive
• Some argued Congress should choose Executive
• To make it independent they adopted electoral
  college ( cumbersome)

71
Executive

• Made it possible for the candidate who came in
  second in popular vote to become president by
  being the top vote getter in electoral college (
  2000)
• Insulated Presidency from direct popular control
• Was a 7 year single term but replaced with 4 year
  term and possible re-election

72
Judicial

• Supreme Court had power to declare acts of
  Congress and Executive as unconstitutional
• Pres. Appoints S.C. Justices and the Senate
  approves them
• Judicial review not in Constitution arguably
  assume that framers intended this
• If Congress is in recess Pres. Can appoint called
  a recess appointment without Senate Approval

73
Judicial

• Supreme Court justices serve for life or until
  they retire.
• S.C. can be impeached and convicted by Congress

74
The Final Document

• On Sept. 17, 1787 the document was approved by 39
  of the 55 who attended originally, only 42
  remained
• Three refused to sign others did not like parts
  of it but signed anyway to begin ratification
  debate

75
Fundamental principles in Constitution

• 1. Popular sovereignty or control by the people
• 2. a republican form of govt. in which the
  people choose reps. to make decisions for them
• 3. Limited govt. with written laws
• 4. Separation of powers- so one branch could not
  gain too much power
• 5. Federalism- a fed. System that allows for
  states rights , because states feared too much
  central power

76
Federalism

• The idea that sovereign powers or ruling powers
  are divided between the states and national
  government
• Certain powers reserved for Feds and certain for
  states
• Laws made by federal govt. take precedence over
  conflicting state laws
• Provided for extensive states rights and also
  reserved powers

77
Federalism

• This was new and was invented by the Founders as
  a compromise over whether the states or the
  central govt. should have ultimate sovereignty
• The line has always been an issue Civil War ,
  Civil Rights the line is vague leaving it up to
  courts and scholars to decide the line

78
Ratification

• Guaranteed that most states would not ratify it
• each state would hold a special convention
• Elected delegates would debate and vote
• They agreed that if 9 of the 13 approved it, it
  would take effect and they would organize the new
  govt.

79
The Ratification Struggle

• The Anti-Federalists unhappy.
• Most delegates were Federalists, meetings had
  been in secret! Too powerful central govt! Wanted
  a revision of Articles!
• Federalists respond with essays aimed at winning
  public support.
• NY was a necessity, opponents in NY attacked
  first!

80
Ratification Struggle

• Federalists

• Anti-federalists

• Favored strong national govt. and the new
  Constitution
• Had advantage over Anti-federalists
• They had a positive name
• Attended the convention and knew what took place
  ( secret)

• Wanted to prevent Constitution as drafted
• from being ratified
• Negative name
• Did not know what went on at convention
• At a disadvantage
• Written by aristocrats
• No bill of rights

81
Ratification

• Federalists

• Hamilton 2/3rd

• Well read, well bred and if I say so myself well
  fed
• John Jay, Alexander
• Hamilton and James Madison ( aka Ceasar then-
  Publius- the public)
• All right so not so well fed
• But Ben Franklin looked a
• a little chubby ( LOL)

82
Ratification Debate

• Federalists

• Anti-Federalists

• They had money , time , and power on their sides
• Communication slow those who had access to
  communication had advantage
• They were bankers, lawyers, plantation owners,
  merchants living in urban areas where
  communication was accessible

• One thing in their favor they stood for the
  status quo
• Greater burden on those who wanted change
• Patrick Henry , Sam Adams , John Hancock,
  Jefferson and Monroe were supporters
• ( Montezuma, Philadelphiensis)
• They also made brilliant remarks in their attack
  of the Constitution

83
Ratification Debate

• Federalists

• Anti-Federalists

• Madisonian view favored a lg. republic ( Fed
  Papers 10, 51)- unpopular view at the time
• Some believed that Madison did not so much
  influence thought as did the fact that A of C was
  weak.
• Explained powers of branches and presented power
  of judicial review

• Influenced by Montesquieu liberty safe in small
  societies governed by direct democracy or by a
  large legislature with small districts
• Also attacked ratification process
• Thought Con. Was class-based in favor of elite
• Must have Bill of Rights to ratify
• Became powerful because of the patriots involved
  in Rev. War

84
Anti- Federalists

• Patrick Henry, Samuel Adams, Thomas Jefferson

85
Ratification Debate

• Federalists

• Anti- Federalists

• In N.Y . ( walked out of convention) they quickly
  attacked the Constitution
• Hamilton answered in newspaper columns signing it
  Caesar- no effect he changed it to Publius (
  public)
• He then also got help from Jay and Madison (
  Hamilton wrote 2/3rds of essays )
• 85 essays called The Federalist Papers
• From Oct. 1787-Aug. 1788

• Claim was that Constitution was written by
  aristocrats and would lead to tyranny
• Thought constitution would create an overbearing
  central govt. hostile to personal liberty
• They wanted a bill of rights
• They wanted stronger state govt.
• Their opinion was very popular

86
Ultimately, this was needed

• The Bill of Rights!
• Seen as a safeguard?

87
Issues dealt with by amendments and their
locations

• -Civil Rights
• Amendments 1-9 and 14 ( memorize them)
• Free speech, petition, freedom of assembly, and
  freedom of Religion
• Militia and right to bear arms
• Quartering of soldiers
• Protection from illegal search and seizure
  without a warrant unless probable cause
• Grand Juries , Self- incrimination, double
  jeopardy, Due process and Eminent Domain

88
Civil rights amendments

• 6. Criminal Court procedures know accusations
  against you and A speedy trial and trial by jury
  confronted by witnesses counsel for defense
• 7. Trial by jury or judge
• 8. Bail, Cruel and unusual punishment
• 9. Enumeration in the Constitution of certain
  individual rights shall not be denied
• 14. ( July 9, 1868) Citizenship and Due Process
  and Equal Protection of the Law

89
Issues dealt with by amendments

• Governmental Power and function- 10, 11, 16
• 10. Reserved powers of the states- powers not
  delegated or prohibited by the Constitution shall
  be given to the states , pass laws under own
  police powers
• 11. Ratified Feb. 7, 1795- Suits against the
  state-state can not be sued in federal court by
  one of its citizens , by a citizen of another
  state or by a foreign country
• 16. Feb. 3. 1913- Federal Income tax

90
Issues and amendments

• Election Rules and Office Holding 12, 17, 20,
  22, and 25
• 12- June 15, 1868- Election of the President- in
  case of tie House of Reps. Decides President one
  vote each state must have quorum 2/3 of states
• Vice President will be decided in the Senate 2/3
  of whole of Senate

91
Election Rules and Office Holding

• 17th Amendment -Direct election of Senators
• 20th Amend-Jan. 23, 1933- Lame Duck Amendment
  Terms of Pres. And VP shall end at 12 noon on
  Jan. 20th instead of March 4 terms of Sen. And
  Congressmen will end Jan. 3 at noon
• 22nd Feb. 27, 1951- 2 term limit for president
  and if served more than 2 years of another pres.
  Term they can only be elected once.
• 25th-Feb. 10, 1967- Pres. Disability and Vice

92
Election Rules and Office Holding

• 25th-Feb. 10, 1967- Pres. Disability and
  Succession- removal of Pres. From office VP
  takes over vacancy in VP Pres. Nominates and
  confirmed by majority of both houses
• If pres. Cant perform duties he tells leaders in
  Congress and VP takes over
• Read the rest

93
Issue and amendments

• Social concerns 18 and 21
• 18th amendment Prohibition
• 21st- Yeah it was over !!!!

94
Issues and amendments

• Voting Rights 15, 19, 23, 24, and 26
• 15th amendment (1870)- African American right to
  vote
• 19th- (1920)Womens Right to vote
• 23rd amendment- Voting in District of Columbia
  (1960)- electors for voting for Pres. And VP
• 24th ( 1964) abolition of the poll tax
• 26th- ( 1971) 18 year old vote moved down from 21
  

95
The Road to Ratification

• Many ordinary Am. Opposed the ratification of the
  Constitution
• However they were not represented as well as the
  wealthy in the state ratifying conventions
• Also Federalist forces support was increased due
  to the assumption that George Washington would be
  the first president not to mention that he
  presided over the Convention

96
Road to Ratification

• Debate about Ratification involved following
  objections
• Increased power of central govt. (Major)
• Constitution lacked bill of rights ( major)
• God was not mentioned in the document
• The Constitution did not allow States to print
  money to place duties on imports from other
  states , to interfere with lawfully contracted
  debts and to harbor runaway slaves.
• No Bill of Rights

97
Road to Ratification

• Delaware was the first to ratify , Connecticut,
  Georgia, and New Jersey followed
• After a bitter battle in Massachusetts they
  ratified it by a narrow margin 187-168 on Feb. 6,
  1788
• In summer of 1788, New Hampshire became the
  ninth, the Constitution was law
• Neither VA or N.Y had ratified and they were
  needed for stability finally did in June and July
  of 1788
• In both above states it barely passed by a slim
  margin
• And only after Bill of Rights was promised by
  Feds
• By spring 1790 all 13 states had ratified it

98
Did the Majority of Am. Support the Constitution

• In 1913, historian Charles Beard published
• An Economic Interpretation of the Constitution of
  the United States .
• The book launched debate over whether the Con.
  Was supported by majority of Am.
• His thesis was that the Con. Had been produced by
  wealthy landowners who desired a strong central
  govt. to protect their property rights
• Claimed Con. Was imposed by undemocratic methods
  to prevent democratic majorities from exercising
  real power

99
Beards Thesis

• Beard also pointed out that there was never any
  popular vote on whether to hold a constitutional
  convention in the first place
• And if a vote was taken state govt. only let
  white male property owners vote
• Even the word democracy was distasteful to the
  founders ( used by conservatives to discredit
  their opponents)

100
State Ratifying Conventions

• Many historians believe that if a Gallop Poll was
  taken the Anti-Federalists would have outnumbered
  the Federalists
• Many believed elites would end up abusing the
  little folk just as the British had
• Ratification was done by special conventions in
  each state
• Success was achieved when VA and N.Y. ratified
  in summer of 1788
• VA and N.Y crucial because most populous
• Did not give ratification simple majority but
  went beyond the majority because of importance

101
On the other side

• Many historians believe that support was
  widespread because most people knew that a strong
  central govt. was needed to keep order and
  protect public welfare rich and poor felt this
  way
• The Federalists did in fact set up a limited
  govt.

102
Bill of Rights

• Madison had not at first supported a BOR but
  Jefferson convinced him and also he was running
  for election to Congress
• Madison cut through hundreds of state
  recommendations
• One of the rights appropriate for constitutional
  protection that was left out of BOR was equal
  protection under the law ( 14th , 1868 added Feds
  apply it now as well )

103
Ratification of Bill of Rights

• Final of amendments that Madison and a
  committee came up with was 17
• Congress tightened the language and got rid of 5
  and of the 12 left - 2 dealing with apportionment
  of representatives and compensation of members of
  Congress not immediately ratified
• 1960s apportionment changed and compensation
  ratified in 1992- 27th amend.

104
Ratification of Bill of Rights

• Dec. 15, 1791 the national BOR was adopted when
  VA agreed to ratify the 10 amendments
• The amendment that Madison said was the most
  valuable which prohibited the states from
  infringing on the freedoms of conscience, press,
  and jury trial was eliminated by the Senate
• It did not limit state power and citizens had to
  rely on guarantees in state constitutions or
  state bill of rights
• Not until after civil war will there be
  limitations on state power 14th amendment

105
Inauguration of New Govt.

• The new govt. assembled in its temporary capital
  , New York City, in March 1789 and moved to
  Philadelphia in 1790 and D.C. in 1800
• In April of 1789, George Washington was elected
  President of the United States
• Bill of Rights was added after Ratification to
  fulfill promise to those who supported it

106
Constitutional Principles / Popular Sovereignty

• Popular Sovereignty
• all political power belongs to the people- govt.
  must have consent of the people
• Sovereign people created Constitution
• Preamble We the People

107
Constitutional Principles/ Limited Government

• govt. can do only what people have given it power
  to do,
• each individual had certain rights govt. cant
  take away- ex. Bill of Rights ,
• rule of law Govt. officials are subject to
  same laws as the people
• Prohibitions to power of Govt.

108
Constitutional Principles/Separation of Powers

• Created by the Founders- executive, legislative
  and judicial divided among 3 independent and
  co-equal branches which must cooperate with each
  other as well as oppose each other checks and
  balances
• Done to limit powers of govt. and prevent tyranny
  

109
Constitutional Principles/Checks and Balances

• Each branch is subject to a number of
  constitutional restraints by other branches
• System of overlapping the powers of the 3
  branches to permit each branch to achieve their
  goals
• Usually they restrain themselves
• Change usually comes slowly moderation and
  compromise are the norm- fragmented policy making
  processes

110
Checks and Balances

• Allow almost all groups some place in pol. system
  where their demands for public policy can be
  heard- (linkage institutions
• media, political parties, locally elected
  officials , lobby groups ) very important for AP
  test

111
Constitutional Principles / Judicial Review

• Judicial branch possesses power to check actions
  of the other branches in order to determine
  constitutionality of their actions and
  constitutionality of laws
• Power of judicial interpretation not in
  Constitution but never a matter of disagreement
  among Founders

112
Constitutional Principles/Federalism

• Division of political power between a central
  govt. and several regional govt.
• Horizontal and Vertical
• H- A principle of government that defines the
  relationship between the central government at
  the national level and its constituent units at
  the regional, state, or local levels. Under this
  principle of government, power and authority is
  allocated between the national and local
  governmental units, such that each unit is
  delegated a sphere of power and authority only it
  can exercise, while other powers must be shared.

113

• Vertical federalism this is viewed as the
  traditional form of federalism as it sees the
  actions of the national government as supreme
  within their constitutional sphere.

114
Constitutional Principles / Federalism

• Founded in American revolution against King in
  England- New Idea
• Compromise between a strict central govt. and a
  loose confederation , such as A of C

115
Amending the Constitution

• Much easier than under A of C (which was
  unanimous)
• It has only changed 27 times since ratification
• Since the Bill of Rights , the strongest theme in
  the later 17 amendments, is the expansion of
  citizenship rights
• The first 10 focus on limited powers of the
  federal govt. over rights and liberties of
  individuals.

116
Article V

• The process of ratification was thrown into the
  writing of the Con. To make it flexible and
  usable in any time period A Living
  Constitution

117
3 ways to Amend Constitution

• Constitutional Amendment Ratification process
• Judicial interpretation
• Political Practice or precedents

118
Formal ways of proposing an Amendment

• 1. 2/3rds vote in each Chamber of Congress ( 67
  in Senate, 290 in House)
• 2. a national convention that is called by
  Congress at the request of 2/3rds of the state
  legislatures - never been used

119
Ratification

• 1. by a positive vote in 3/4ths of the
  legislatures of various states ( 38 of 50 )
• 2. by special conventions called in the states
  and positive vote in 3/4ths of them( only used
  once to repeal Prohibition with 21st Amendment)
• State conventions were needed to repeal 18th
  Amend, because of pro-dry legislatures in
  conservative state wouldnt have passed the
  repeal

120
Proposing and Ratifying a Constitutional
Amendment in Writing

• 4 ways to amendment in writing
• 1. Proposed by 2/3rds of both houses of Congress
  and ratified by 3/4th of the states ( most
  popular )( 38 of 50)
• 2. Proposed by 2/3 of Both houses of Congress
  and ratified by special conventions in ¾ of the
  states (38 of 50)
• 3. Proposed by a national convention when
  requested by 2/3rds of State Legislatures and
  ratified by ¾ of State Legislatures (38 of 50)
• 4. Proposed by national convention called by
  Congress when requested by 2/3 of State
  legislatures then ratified by a special
  convention held in ¾ of the States ( once
  Prohibition)

121
Rules of Ratification

• Congress chooses method
• Most have time limits but 27th didnt 203 years
  to ratify 1789- 1992 ( Michigan last state to
  ratify 27th)
• Most have 7 year time limit but not for all it
  can be extended (ERA )
• No national convention has been held since 1787

122
Does one branch outweigh another?
123
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