Transcript British Colonies in America

Constitution of the U.S.A
Articles of Confederation – 1777
(ratified 1781)
• Confederation – each state a sovereign entity loosely connected to
other States and to the central government
• weak central government
• legislative power – Congress
– changes to the articles to be taken unanimously
– legislation requires majority of 9 out of 13 States
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executive power – Congress – practically does not exist
no common judicial power
no power to collect taxes
no common currency
great national debt
– Shay's Rebellion
• Successes:
– Land Ordinance (1785)
– Northwest Ordinance (1787)
Land Ordinance (1785)
• establishes Public Land
Survey System
• creates square
"townships" – 6 miles
on a side
• each township divided
into 36 sections 1 mile
on a side each
• sections further divided
and sold to private
owners
• section 16 – for
educational purposes
Northwest Ordinance (1787)
• establishes the Northwest
Territory
• regulates westward
territorial expansion
• regulates how new states
may be admitted to the
Union
• regulates how territorial
governments are to be
formed
• prohibits slavery in the
Nortwest Territory
Philadelphia Convention (The
Constitutional Convention) (1787)
Scene at the Signing of the Constitution of the United States by Howard Chandler Christy.
Sectional interests
• large states vs. small states
– large states opt for a proportional distibution of votes
in Congress (proportional representation)
– small states opt for minor revisions in the Articles of
Confederation and equal distribution of votes in
Congress (representation by the participation in the
Union)
• slave states vs. free states
– slave states opt for slaves to be counted as the
state's population for the purposes of allocating
congressional votes
– free states opt for slaves to be counted as the state's
population forthe purposes of imposing taxes
Virginia Plan
• bicameral legislature
• separation of powers
(following the political thought
of John Locke)
– legislative branch
– executive branch
– judicial branch
• proportional representation in
both houses of the parliament
according to population or
direct taxes payed
James Madison
New Jersey Plan
• unicameral legislature
• equal distribution of votes – each state
given one vote
• stresses the sovereignty of the states as
independent entities
Hamilton Plan (New York Plan,
British Plan)
• no state sovereignty – the states are to
create to a single nation
• bicameral legislature, the lower house
elected by the people for three years. The
upper house would be elected by electors
chosen by the people and would serve for
life
• executive power – the Governor elected
by electors for a life-term of service, with
an absolute veto over bills
• State governors appointed by the national
legislature
• national legislature has veto power over
any state legislation
• the plan gets one vote, yet showed the
importance of a compromise
Alexander Hamilton
Connecticut Compromise, The
Great Compromise, Sherman's
Compromise)
• bicameral parliament
• proportional respresentation for
the lower house (House of
Representatives)
• Equal distribution of votes for
the upper house (Senate) –
two seats for each state
• Members of the Senate elected
by State legislatures (later
changed by the 17th
Amendment)
Roger Sherman
Three-Fifths Compromise
• slaves to be counted both for the purposes of
allocating congressional seats and for imposing
taxes as 3/5ths of a white person
• slave can be abolished no sooner than in 1808
• effects:
– increase of power of southern states due to the "slave
votes"
– e.g. in 1793 47 southern seats in House of
Representatives (without 3/5ths Compromise the
South would have got 33 seats). In 1812 – 79 seats
(59), in 1833 – 98 seats (73)
Ratification Process
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The Constituion to be ratified by at least nine
states by specially created state conventions
(controversy – Articles of Confederation required
unanimous decisions for amendments)
Federalists and Antifederalists
The Federalist Papers (Alexander Hamilton,
James Madison, John Jay)
violent ratification process
Delaware ratifies as the first state (1787)
The ninth state to ratify is New Hampshire
(1789)
The last to ratify – Rhode Island (1790)
Virginia (by two votes) and New York (by three
votes) ratify the Constitution under the condition
that a Bill of Rights modelled after the
Constitution of Virginia will be added to the
Constitution
Bill of Rights (10 first amendments
to the Constitution)
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enumerates civil rights and limitations of
federal authorities
freedom of speech, religion and assembly
right to keep and carry firearms and
organize militia
protection from quartering ot troops
protection from unreasonable searches and
seizures
protection from self-incrimination
protection from double jeopardy
right to due process of law to a fair trial and
to a trial by a jury in civil trials
protection from cruel and unusual
punishment
provision for possible extension of civil
rights
Bill of Rights
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* First Amendment – Establishment Clause, Free Exercise Clause; freedom of speech, of
the press, Freedom of Religion, and of assembly; right to petition,
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.
* Second Amendment – Militia (United States), Sovereign state, Right to keep and bear
arms.
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.
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* Third Amendment – Protection from quartering of troops.
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.
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* Fourth Amendment – Protection from unreasonable search and seizure.
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.
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* Fifth Amendment – due process, double jeopardy, self-incrimination, eminent domain.
No person shall be held to answer for any 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 offence 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.
Bill of Rights
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* Sixth Amendment – Trial by jury and rights of the accused; Confrontation Clause, speedy
trial, public trial, right to counsel
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 where in 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.
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* Seventh Amendment – Civil trial by jury.
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 re-examined in any
court of the United States, than according to the rules of the common law.
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* Eighth Amendment – Prohibition of excessive bail and cruel and unusual punishment.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual
punishments inflicted.
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* Ninth Amendment – Protection of rights not specifically enumerated in the Bill of
Rights.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage
others retained by the people.
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* Tenth Amendment – Powers of States and people.
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.
A Living Constitution
• changes to the Constitution
– Constitutional amendments
• currently 27 amendments
• each amendment needs to be ratified b the required threequarters of state legislatures (six proposed amendments
have failed ratification)
– Case law Court rulings
– practice and tradition
• e.g. number of presidential terms (establised as maximum of
2 terms only in 1951 with the 22 amendment
• e.g. the cabinet established by the President
Shape of the American
Government
• federal republic
– federal government
– state government
– local government
• division of powers
• federal law
• state law
• local law
• separation of powers
– legislative branch – Congress
– executive branch – President of the U.S.A.
– judicial branch – Federal Courts (Supreme Court)
• checks and balances
Legislative Branch – The Congress
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bicameral parliament
legislative power and a set of delegated explicit
and implied powers
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elections every 2 years
House of Representatives
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financial and budgetary matters (budget, taxes,
loans, regulating commerce)
military matters (Congress declares war, raises
the army, and makes laws for the military)
congressional oversight – power to investigate
and to oversee the executive branch – through
committees
power of removal – impeachment of federal
officers
representatives elected for 2 years
currently 435 representatives
Senate
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Two Senators from each state
Senators elected for a six-year term
every two years 1/3 of the Senators elected
Vice-President is the President of the Senate
Executive Branch – The President
of the U.S.A
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number of terms – limited constitutionally to two
(1951)
The President elected for a 4 year term
presidential candidates must be natural born
citizens of the U.S.A.
must be at least 35 years of age
must be a resident for 14 years
traditionally forms the cabinet (Secretaries)
executes the federal law
accepts (signs) or vetoes federal legislation –
veto can be overridden by a 2/3rds majority vote
in both houses
conducts foreing policy
commander-in-chief
nominates judges of federal courts (including
the Supreme Court Justices)
may grant presidential pardon
Judicial Branch – Federal Courts
• United States district courts (currently 94
districts)
• United States Circuit Courts of Appeals
(currently 11 CoA's)
• Supreme Court of the United States
– the court of last resort
– checks the law and governmental actions
for constitutional inquiries
– interprets the Constitution
– Chief Justice and eight Associate Justices
nominated by the President, confirmed by
the Senate, may be impeached by
Congress
– Life tenure terminating upon death,
resignation, retirement, or conviction on
impeachment
Electoral Process – Presidential
elections
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Presidential nominees: party local and state conventions -> primary elections ->
Party national conventions
Election Day – popular vote (Tuesday after the first Monday of November – earliest 2
November – latest 8 November)
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electoral collage
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voters vote for electors, all states use a "short ballot", only few require the name of the
elector added to the name of the presidential candidate
electoral votes allocated by the number of represenatives and senators from particular states
three votes for Washington D.C.
'winner-takes-all' with the exception of Maine and Nebraska
Nebraska and Maine divide ther Electoral Votes by congressional districts + 2 votes based
on state-wide popular vote
hence – votes in popular election do not have the same 'weight': per-capita Electoral College
representation differs significantly: e.g.: Wyoming vs. California – at a ratio of more than 3:1,
yet, some scholars claim the opposite is true (Banzhaf power index)
Electors cast their votes on the Monday after the second Wednesday in December
24 states have laws punishing faithless electors
the candidate to win the majority of votes (currently 270) in the Electoral Collage –
wins
Electoral votes counted by a joint session of Congress on January 6
Presidential deadlocks
if none of the candidates received the majority of electoral votes
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House of Representatives chooses the President
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Senate chooses the Vice-President
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House of Repr. chooses from three candidates who recieved the greatest number of
electoral votes
Each state delegation votes en bloc - its members have a single vote collectively (and the
District of Columbia does not receive a vote)
A candidate must receive an absolute majority of state delegation votes (currently 26) in
order for that candidate to become the President-elect.
Additionally, delegations from at least two-thirds of all the states must be present for voting to
take place.
The House continues balloting until it elects a President.
Senate chooses from two candidates who recieved the greatest number of electoral votes
The Senate votes in the normal manner in this case (i.e., ballots are individually cast by each
Senator, not by state delegations).
Two-thirds of the Senators must be present for voting to take place.
"majority of the whole number" of Senators (currently 51 of 100) is necessary for election.
If a deadlock continues
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If the House of Representatives has not chosen a President-elect in time for the inauguration
(noon on January 20), the Vice President-elect becomes Acting President until the House
should select a President. If the winner of the vice presidential election is also not known by
then, then the sitting Speaker of the House become Acting President until either the House
should select a President or the Senate should select a Vice President.
Electoral Collage
Electoral College map showing the results of the 2008 US presidential election.
Electoral Collage - Controversy
• The elections of 1876, 1888 and 2000 produced an
Electoral College winner who did not receive the plurality
of the nationwide popular vote
– in 2000 – Bush: 271 electoral votes, Gore: 266 EV. Popular
election – Bush: 50,456,002 (47.87%), Gore: 50,999,897
(48.38%)
• weight of individual votes not equal
• promotes interests of smaller states (yet highlights the
federal character of the nation)
• Presidential campaigns may focus on large swing states
(it's enough to win 11 big states to win the election)
• Electoral Collage system promotes big turnouts in swing
states and discourages turnouts in non-swing states