Transcript Constitutionalism Chap. 2

Chapter 2
The Constitution
Colonial America
• Colonists establish English-based
political systems and traditions
• House of Burgesses (1619)
– First elected Representative body in Virginia
• Mayflower Compact (1620)
– Social contract for common good/survival
– Not a Constitution
• Fundamental Orders of Connecticut
(1639)
– First written constitution
– Outlined individual rights
• Despite various origins, colonists adapt
to English-based political systems
Colonial Resistance
• Ideological Arguments
– Taxation without representation
– Virtual representation
• First Continental Congress (1774)
– Declaration of Rights and Grievances
– Petition to the King
• Second Continental Congress (1775)
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Lexington and Concord - 1775
Olive Branch Petition – asked the king to stop hostilities
Common Sense (1776) Thomas Paine
Declaration of Independence (1776)
Articles of Confederation (1777) – A League of Friendship
Declaration of Independence
• Based largely on Locke’s ideas
• “We hold these truths to be selfevident, that all men are created equal,
that they are endowed by their Creator
with certain unalienable Rights, that
among these are Life, Liberty and the
pursuit of Happiness. That to secure
these rights, Governments are
instituted among Men, deriving their
just powers from the consent of the
governed, That whenever any Form of
Government becomes destructive of
these ends, it is the Right of the People
to alter or to abolish it, and to institute
new Government, laying its foundation
on such principles and organizing its
powers in such form, as to them shall
seem most likely to effect their Safety
and Happiness.”
Basic Tenets of Democracy
• Personal Liberty
– Perhaps the most important characteristic
– Fourteenth Amendment – due process
• Political Equality
– One man, one vote
– But not all are politically equal
• Popular Sovereignty
– The ultimate authority rests with the people
• Popular Consent
– We agree to be governed and accept majority rule
• Civil Society
– We can engage in open discussion either individually or in a group
Articles of Confederation
• Americans wanted direct democracy – the people, rather
than elected officials, make the decisions - Republic
• Written in 1777 finally ratified in 1781
• Established a confederation or league of friendship among
the states
• Unicameral national legislature; NO executive or judicial
branches
• Equal representation of each state with one vote
• 9 of 13 states required to pass legislation
• Unanimous votes to amend the Articles
Articles of Confederation
Powers and Limits
• COULD
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–
–
Borrow money
Create army and navy
Declare war
Establish post offices
Form treaties
• COULD NOT
– Tax states, citizens,
goods, income
– Institute a draft
– Regulate commerce
– Regulate national
currency
Weaknesses of AOC
1.
2.
3.
4.
5.
6.
7.
8.
9.
One vote for each state regardless of size
Unicameral legislature
Congress powerless to lay and collect taxes
Congress powerless to regulate foreign and
interstate commerce
No Executive Branch to enforce the acts of
Congress
No Judicial Branch or national court system
Amendments only with the consent of ALL 13
states
A 9/13 majority required to pass laws
Only a “firm league of friendship” among states
The Articles of Confederation
1781
• Continued to be problematic
– WHY?
• The National Government was weak
• LACK OF CENTRAL POWER
– No unified currency (states had different
currency)
– Taxes were confusing (states began taxing
each other)
– Land disagreements between states
– Trade disputes between states
Articles of Confederation
The Good and The Bad
• Accomplishments
– Treaty of Paris
– Land Ordinance of 1785
– Northwest Ordinance of
1787
• Failures
– Economic conflicts
between states
– Depressions
– Foreign trade
– Shays’s Rebellion (17861787)
• Massachusetts
farmers
Shays’ Rebellion (1786)
• Daniel Shays organized group of farmers
to close MA state supreme courts to avoid
farm foreclosures due to heavy taxes
• Result: Rebellion was put down by militia
but awakened need for stronger central
government
• Turning point proving new constitution was
needed
The Framers, Founders, Fathers
• Constitution Convention:
Philadelphia, Summer 1787
• Who was there?
– men involved in public
affairs, war veterans,
wealthy
– not there: Rhode Island
refused to send delegates
Constitutional Convention
• Shays’ Rebellion accentuated the weaknesses of the Articles
of Confederation
• Annapolis Convention in 1786 called for a delegation of all
states in Philadelphia
• 55 delegates from all states except Rhode Island
– Well-educated men of means
• Designed to modify or rectify the Articles of Confederation
– Eventually decided to discard the AOC entirely for a new
constitution establish a federal republic with the separation of
powers and checks and balances
The Fundamental Tension in Government:
What do you value?
FREEDOM
ORDER
Self
Determination
Rule of Law
Independence
Stability
Choice
Peace
AUTHORITY
• Gov’t has the
right to use
power
• Example:
British, A. of
C, bad boss
LEGITIMACY
• Power is
given to
authority
through trust,
respect,
contract
• Ex. US
Constitution,
good boss
How will Congress be divided?
SOLUTION:
Connecticut
Compromise
SENATE=2 per state
HOUSE=
population based
Virginia Plan
“Big State”
• Bicameral Legislature
– Lower house elected by
people
– Upper house chosen by
lower house nominated by
state legislatures
• Proportional representation
in each house
• Single one-term executive
chosen by Congress
• Congress chose judges
New Jersey
Plan
“Small State”
• Unicameral Legislature
– State legislatures chose
representatives
• Equal representation
• Congress chose
executives
• Executives appointed
judges
The Great Compromise aka
The Connecticut Compromise
• Bicameral Legislature
– Lower House - House of Representatives
• Proportional representation based on state’s
population
• Popularly elected
– Upper House - Senate
• Equal representation with two senators per state
• Elected by state legislatures
• Next debate was should slaves be counted in
the population?
– Southern states demanded that slaves be counted
so they would have more representatives in the
House of Representatives
– Northern states wanted slaves counted for taxation
purposes but not for representation
– 3/5 Compromise: 3/5 of slaves would be counted
for representation and taxation
– (Disappeared in Constitution in 1865 with 13th
Amendment)
• Slave Trade Compromise
– Slave trade would be banned after 20 years in 1808
Purpose of the United States
Constitution
Created:
September 17, 1787
1. Popular
Sovereignty:
Gov’t can only
govern w/
consent of
people
2. Limited
Government:
Gov’t is not all
powerful, must
act within law
3. Separation of
Powers:
Power is divided
among gov’t
branches
4. Checks and
Balances:
Each branch of
gov. checks the
power of another
5. Judicial
Review:
The courts
decide whether
gov’t acts
according to the
Constitution
6. Federalism:
Division of power
between
national and
local
governments
Guarantees to the States
• The Constitution guarantees three things to the
states:
1. Each state must have a republican form of
government (elect representatives)
2. Each state must be protected from invasion
3. The national government must respect the
territorial integrity of each state
Constitutional Breakdown
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•
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Article I - Congress
Article II - President
Article III - Judiciary
Article IV - Federalism
Article V - Amendments
Article VI - Supremacy
Article VII - Ratification
The Preamble
• Lists the Reasons the Constitution was
written
“We the People of the United States, in order to form a
more perfect Union, establish justice, insure domestic
tranquility, provide for the common defense, promote the
general welfare, and secure the blessings of liberty to
ourselves and our posterity, do ordain and establish this
Constitution of the United States of America. “
United States Constitution
Articles I, II, III
Article I
• The Legislative Branch
– Can raise and spend revenue
– Can borrow money (Bonds)
– Naturalization (citizenship)
– Can coin money
– Can establish Federal courts
– Declare war
“All legislative powers herein granted shall be vested in a Congress
of the United States, which shall consist of a Senate and a House
of Representatives.”
Article II
• The Executive Branch
– Discusses the basics of the Presidency
• Veto power
• Commander-in-chief of the military
• Appointments (must be approved by two-thirds of the
senators present)
• Can grant pardons
• Must give an annual State of the Union address
“The Executive power shall be vested in the President of the United States
of America.”
Article III
• The Judicial Branch
– Lists the functions of the branch: Interpretation
• Judicial Review: power to strike down laws and govt.
actions
• Checks both Congress and the president
“The judicial power of the United States shall be vested in on Supreme Court, and in such inferior
courts as Congress may from time to time ordain and establish. The judges, both of the Supreme
and inferior courts, shall hold their offices during good behavior, and shall, at stated times,
receive for their services a compensation, which shall not be diminished during their continuance
in office.”
Marbury v. Madison (1803)
• The Marshall Court under Chief Justice John Marshall, a Federalist
• Judicial question of an Act of Congress (Judiciary Act of 1789) and
the Constitution (Article III)
• Marshall ruled an Act of Congress cannot trump the Constitution
• Established the concept of JUDICIAL REVIEW
– Supreme Court determines the constitutionality of a law or official act
– Judicial Review is nowhere found in Article III regarding the Judicial
Branch nor anywhere else in the Constitution
Article IV
• Full Faith and Credit Clause
– States must recognize laws of other states
• Privileges and Immunities Clause
– No discrimination of non-resident citizens
– Interstate travel permitted
• Interstate Rendition Clause
– Extraditions
• Interstate Compacts
– Commercial or legal relationships between states with
congressional approval
Article V
• Amending the Constitution
– 4 methods
• Proposed in Congress by a 2/3 majority in BOTH
Houses and ratified by ¾ of States (26/27)
• Proposed in Congress by a 2/3 majority in BOTH
houses and ratified by ¾ State Conventions (21st)
• Proposed by a National Convention called by
Congress when requested by 2/3 of State
Legislatures
• Proposed by a National Convention and ratified
by Conventions
Amendment Process
Article V
Article VI: National Supremacy
• Supremacy Clause
– The Constitution is the “supreme law of the land”
• McCulloch v. Maryland (1819)
– Bank of the United States constitutional under Necessary
and Proper Clause
– Maryland could not tax the Bank
• Gibbons v. Ogden (1824)
– Expanded Commerce Clause
• Court upheld Congressional power over interstate commerce
• Abelman v. Booth (1859)
– State courts can’t overrule Federal laws – states could not
stop U.S. Marshalls enforcing the Fugitive Slave Act
Ratification
• Ratification of the Constitution required 9 of 13
states
• Led to the debates between the Federalists and the
Anti-Federalists
• Eventually, the Constitution was ratified on June
21, 1788
• Delaware, Pennsylvania, New Jersey, Georgia,
Connecticut, Massachusetts, Maryland, South
Carolina, New Hampshire, Virginia, New York,
North Carolina, Rhode Island
GREAT DEBATE DEVELOPS
OVER RATIFICATION
The Federalists
VS.
The
Antifederalists
AKA:
ProConstitution
Vs.
Anticonstitution
Leaders
• Feds:
• Alexander Hamilton
• James Madison
• John Adams
• John Marshall
Anti-Feds:
• Thomas Jefferson
• James Monroe
• Patrick Henry
FEDERALISTS
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•
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Anglophiles – Hamilton, Adams
Very strong in the north and east
Favored trade, especially with Britain
Rule of the elite
Believed a STRONG NATIONAL government
was needed: to control anarchy, protect new
nation from enemies abroad, and solve nation’s
problems
• AOC was too weak
• In favor of new constitution (vs AOC)
ANTI-FEDERALISTs
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Francophiles - Jefferson
Strong in the west and the south
Believed economic success was from farmers
Opposed ratification process
Rule by the common man
No mention of God
Feared too much power given to central
government
• Wanted a BILL OF RIGHTS!!
How did it Pass?
2/3 of the States had to RATIFY the constitution
•
NY and Virginia do not ratify until later
– Problem because they were large, powerful states
• The Federalist Papers
– 85 essays written by John Jay, Alexander Hamilton, and
James Madison to convince the larger states to pass the
Constitution
– Federalists promised to add B.O.R. if ratified
Federalists Papers
• Federalist #10
– Madison argued that the new government
would be too large to be controlled by any
one interest group or faction
• Federalist #51
– The separation of powers would prevent any
one branch from dominating
How did it Pass?
• Ratification
– The Constitution was ratified in 1789
– Delaware was the first state to ratify before the large states
could change their mind about equal representation
– Washington elected first president 1789
– The Amendment process was intentionally made a
complicated process, so people couldn’t alter the
Constitution – (listed in Article V)
– BILL OF RIGHTS (First 10 Amendments) added in 1791
– Only 17 other Amendments have been added