Chapter 3

WSU Essays!US Constitution 

Identify four major weaknesses inherent within the Articles of Confederation.ORWhat was the goal of the US Constitution? Why did it replace the Articles of Confederation?

 

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Ch. 3 Scenario 1:Page 59-60 Scenario:What similarities does the European Union’s task of creating a Constitution share with the United States’ efforts in 1787? What are the differences between the two? Answer in a paragraph.

The Revolutionary Roots of the Constitution

Only 4300 words (original) – shortest The Constitution is the supreme law

of the land Establishes three branches of

government and describes their powers Outlines interactions between the

government and those governed Defines relationship between national

government and the states4

The Longevity of Constitutions

U. S. has world’s oldest (?) constitution – ratified in 1789 (single document) Average duration is 17 years

Constitutional durability comes from: An open, participatory process A tendency to be specific A tendency to be flexible through

interpretation and amendment5

The Lifespan of Written Constitutions

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Freedom in Colonial America

American colonists had more freedoms than those living in most other countries Landowners controlled and could sell

property Religious choice not mandated nor

payments to a church required No wage ceilings or professional guilds Almost complete freedom of speech,

press, and assembly7

The Road to Revolution

British Parliament believed colonists should pay for administration of colonies Costly because of wars to protect them

(French/Indians) Colonists disagreed, especially since

had no representation in Parliament

NO taxation without representation!8

Road to Revolution Sons of Liberty and Daughters of

Liberty organized various kinds of opposition Destroyed taxed items Only used American to oppose Boston Tea Party resulted in imposition of

Coercive/Intolerable Acts, escalating conflict British wanted order America wanted freedom

9Original Sons of Liberty flag

Uniquely American Protest

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• Tar and Feather used on the Stamp Act tax collector.

• Notice the Tea Party in the background.

• Also note the “Stamp Act” upside down on the “Liberty Tree.”

First Continental Congress

Met in Philadelphia in September 1774 All colonies except Georgia sent

delegates (needed British protection from Indian attacks)

Objective was to restore harmony with Great Britain

Delegates adopted a statement of rights and principles in October Later formed basis for Declaration of

Independence and Constitution11Carpenters’ Hall

Second Continental Congress

May 1775 Response to April 19, 1775 battle

at Lexington and Concord Prepare for war

Served as government for colonies Declaration of Independence

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The Declaration of Independence

Principles rooted in writings of John Locke Thomas Jefferson July 4, 1776 Government there to protect God-

given, inalienable rights Social contract theory – consent of

governed People have right to revolt if

government denying basic rights 13Page A-1 in book

Declaration of Independence Writing

Assignment You and a partner will be re-writing

the Declaration in another style of writing: Redneck Valley Girl Mad Scientist Robot Romantic Any other approved idea

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Your rewritten Declaration MUST include the major ideas from the original version.

You are still the colonies in American declaring independence from England. You’re just doing it a little differently.

You must include at least five grievances (complaints) against King George.

See Handout for more details.

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TREASON Signing the Declaration was treason Punishment:

Hanging and Drawing & Quartering In England, the punishment of being "hanged, drawn and

quartered" was typically used for men convicted of high treason. This referred to the practice of drawing a man by a hurdle (similar to a fence) through the streets, removing him from the hurdle and hanging him from the neck (but removing him before death), disemboweling him slowly on a wooden block by slitting open his abdomen, removing his entrails and his other organs, and then decapitating him and dividing the body into four pieces. The man's head and quarters would often be parboiled and displayed as a warning to others. As part of the disembowelment, the man was also typically castrated and his genitals and entrails would be burned.

A matter of life and death!16

Second Continental Congress

Approved Declaration of Independence on July 4, 1776

War of Independence began April 19, 1775 and ended on October 19, 1781

Britain at a disadvantage because of distance from conflict and because Americans fighting for defense of their liberty

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Some Revolutionary War Interesting Facts

Catholics had tough choice on whom to support

Greater % of population died/wounded than any other U.S. conflict other than Civil War

1 in 5 colonists remained loyal to Britain Loyalists property/rights taken

after the war18

From Revolution to Confederation

Left without a central government, colonists formed a confederation of states

Wanted a central government with very limited powers States retain sovereignty. Each state

has supreme power within its borders. Articles of Confederation adopted

November 15, 1777Took effect March 1, 1781

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Articles of Confederation

First govt of U.S. States retained sovereignty (supreme

power) Each state had one vote in Congress Votes on important issues required

agreement of at least 9 of 13 states National government largely powerless

Thought a strong central govt would resemble British rule

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4 Main reasons:1. National government did not have

power to tax Congress had to plead for $ from states

2. No provision for independent leadership to direct government's operations Basically no President, a deliberate omission

Why did the Confederation fail?

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Why did the Confederation fail?

3. National government could not regulate interstate and foreign commerce

When John Adams proposed the confederation enter into commercial treaty with Britain after the war, he was asked ‘Would you like 1 treaty or 13?”

Remember that states were sovereign

4. Amendments to Articles had to be unanimousEach state could veto any changes

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Disorder Under the Confederation

After the war, Americans imported many new goods

This resulted in high personal debt levels; combined with high taxes, many went bankrupt

In Massachusetts, farmers rebelled Known as Shays’ rebellion National government unable to

respond due to lack of funds Showed weakness of Articles. Stronger central govt

needed! 23

From Confederation to Constitution

National government’s inability to keep order led some to propose amendments to Articles of Confederation

Delegates from 13 states met in Philadelphia in May 1787 Actual purpose was to write new

constitution – kept secret24Independence Hall (State House)

Philadelphia Convention aka Federal Convention aka Constitutional Convention

12 of 13 states sent delegates (RI exception)

55 delegates showed up; no more than 30 at one time

Such a grouping of men will never be seen again Highly educated Politically savvy

Secretive 25

Attending:James MadisonGeorge WashingtonAlexander HamiltonBenjamin FranklinEdmund RandolphRoger Sherman

NOT attending:Thomas JeffersonJohn AdamsPatrick HenryJohn HancockSamuel Adams

The Virginia Plan Proposed by James

Madison/Edmund Randolph Decided to create new constitution

instead of amending Articles Strong national government National government would be able

to override state laws

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James Madison, Father of the Constitution

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Although he dismissed the accolade “Father of the Constitution,” Madison deserved it more than anyone else. He exercised a powerful influence in debates (and was on the losing side of more than half of them).

The Virginia Plan Three branches of government Two legislative houses, with one elected by

people and one appointed by states Representation in legislature based

either on population or taxes paid Single executive appointed by legislature National judiciary with one or more supreme

courts; judges appointed for life Executive and judges could veto acts of

legislature Greater power for national government

Could override state laws

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The New Jersey Plan Small states opposed Virginia Plan’s

legislature based on population Alternate proposal:

Single chamber legislature with power to regulate commerce and raise revenue

Equal representation for each state in legislature

Multiperson executive, with no veto power

Supreme tribunal with limited jurisdiction National laws supreme

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William Paterson

• Did not fix weaknesses of Articles of Confederation

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Virginia – Favored Large States

New Jersey – favored small states

Table 3.1 - Pg. 75

Major Differences Between the Virginia Plan and the New

Jersey Plan

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The Great Compromise Also known as “Connecticut

Compromise” Representation in House based on state

POPULATION Each state to have two senators, selected by

state legislatures. EQUAL Representatives Small states have more power in Senate;

large states more power in House

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2 Population

Compromise on the Presidency

One executive chosen by an electoral college A state’s electors equal total members in Congress

President is candidate with most electoral votes; Vice President has second most votes If no majority, House to choose President and Senate

Vice President Procedure changed in 1804 with 12th Amendment

President to serve for four years, no term limits Two-term limitation set by 22nd Amendment

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Electoral College Map – 2008 Election

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“winner take all” Need 270 out of 538 electoral votes to win

2012 Electoral Map PROJECTION

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Removal of the President

House of Representatives can charge a president with “Treason, Bribery, or other High Crimes and Misdemeanors”

Senate then holds trial on charges; 2/3 majority to convict Chief Justice to preside over trial

Two presidents impeached (Andrew Johnson and Bill Clinton); none convicted and removed from office36

The Final Product In preamble, the four elements forming

the American political tradition listed: Creation of a people

We the People of the United States (departure from confederation)

Explanation of the reasons for the Constitution

In order to form a more perfect Union (A of C was inadequate)

Outline of goals for the government Establish justice, insure domestic tranquility, provide for the

common defence, promote the general welfare, & secure the Blessings of Liberty to ourselves and our Posterity (promote order and freedom)

Establishment of the government Do ordain and establish this Constitution for the U.S. of A.

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The Basic Principles Republicanism

Form of govt where power resides in people through representatives (this was new at this scale of govt)

Federalism Division of power between central govt and

regional/state govt.

Separation of powers Each branch is separate but equal

Checks and balances Each branch some scrutiny/control over other

branches

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The Constitution and the Electoral Process

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What could the people directly vote for as far as members of national government?

Separation of Powers and

Checks and Balances

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Green boxes – separation of powers

Other boxes show checks and balances

The Articles of the Constitution

Article I: The Legislative Article Defines bicameral legislature and its

operations, duties and qualifications of members

Lists enumerated powers Also has “necessary and proper clause”

Article II: The Executive Article Establishes executive branch, election

procedures, qualifications, and duties and powers

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The Articles of the Constitution

Article III: The Judicial Article Supreme Court is highest court; Congress to

decide rest Federal judges serve for life; independent of

other branches The Remaining Articles

IV: Treatment of other states’ citizens and addition of new states (Relations Among the States)

V: Amendments VI: Supremacy clause, oath of office, national

debt VII: Ratification process: 9/13 states

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How Many Pens Does It Take to Sign a Bill into

Law?

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The Framer’s Motives Most important: inability of

government to maintain order under the Articles of Confederation

Economic stability also a motive

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The Slavery Issue To ensure passage, Constitution

essentially condoned slavery “The Great Compromise” counted

slaves as 3/5ths of a person when allocating representation in House

Slave trade not to be ended for 20 years

Slavery not mentioned directly in Constitution

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All men created equal?

Selling the Constitution To take effect, nine state

conventions must ratify Two groups vied for supporters;

formed basis of later political parties Proponents known as Federalists Those against new constitution

were Antifederalists46

The Federalist Papers Eighty-five newspaper articles written to

support ratification of Constitution Essays written by James Madison, Alexander

Hamilton, and John Jay under the name of “Publius”

Most famous is Federalist No. 10 about factions; Federalist No. 51 about same issue More diverse the society is, the less likely unjust majority

forms Checks and balances to protect from too much govt power

Antifederalists wrote additional articles under pen names “Brutus” and “Federal Farmer”

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A Concession: The Bill of Rights

Many citizens unhappy Constitution did not address basic civil liberties

This omission chief barrier to adoption George Washington proposed adding

Bill of Rights after Constitution ratified Over 100 proposed; 12 approved and

sent to states Ten became part of Constitution in 1791

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Table 3.2

The Bill of Rights

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Page 89

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Ways to remember the Bill of Rights

http://www.youtube.com/watch?v=82DnWqNKqiI

http://www.youtube.com/watch?v=LYG_f-y8-VY

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The rest of the Amendments

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Gregory Watson – pg. 92-92

Ratification Constitution took effect after

New Hampshire became ninth state to ratify June 21, 1788 Success of new government

guaranteed when New York and Virginia ratified document in July 1788

New govt launched peacefully53

Constitutional Change By formal amendment By judicial interpretation By political practice

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The Formal Amendment Process

Two ways to propose; two to ratify Most frequently used is proposal by

2/3 vote of House and Senate; ratification by vote of ¾ of state legislatures

Congress generally sets seven years as deadline for approval

Most amendments reflect changes in political thinking

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57Political protest 1932 – demanding repeal of 18th Amendment

Constitutional Amendments

Since 1787, over 10,000 proposed

Last approved was 27th Amendment, one of the original 12 proposed in 1789

Only six proposed to states not approved

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Interpretation by the Courts

Concept of judicial review not spelled out in Constitution

In Marbury v. Madison (1803), Supreme Court declared it had power to nullify government acts that conflict with Constitution

In interpreting Constitution, new meaning may be given

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How to interpret the 2nd Amendment? (Militia?)

Political Practice Constitution silent on many issues Other provisions have fallen out of

use Presidential responses to national

crises have enlarged power of presidency Founders viewed Congress as most

powerful branch of government….but now the President is?

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Originally, electors to vote conscience. Now just a “rubber stamp.”

An Evaluation of the Constitution

Oldest written national constitution One of the shortest and most copied

Founders spelled out powers in generalities, allowing for modern interpretations 4300 words. Amendments add another 3100.

Most state constitutions longer and more specific

Alabama’s constitution has about ½ the words of the Bible

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Many nations look to U.S. Constitution/Bill of Rights when embarking on own Constitutions. Free/partially free countries

are increasing in number.

Freedom, Order, and Equality

in the Constitution Constitution balances order and

freedom, with little attention to equality When adopted, social equality not

considered to be objective of government Political equality also not addressed; later

amendments expanded suffrage 16th Amendment – income tax. Social

equality.63

The Constitution and Models of Democracy

U.S. Constitution follows pluralist model of democracy Federalist No. 10’s factions Federalist No. 51’s explanation of how

separation of powers and checks and balances protect against majority rule

U.S. government has no single center of government power Separation of powers/checks and balances

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WSU ESSAY #1

• These need to be typed. • Approximately 2 pages double spaced 12 point

usually gets the job done.• WSU evaluates all of these so very important

to do your very best job. • See the next 2 slides for some guidance. Put

into your own words and expand on each point.

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Constitution

Q: Identify four major weaknesses inherent within the Articles of Confederation.

1. Congress lacked the power to tax, so there was no for the federal government to earn money. Congress could only requisition funds from the states. The states, however, failed to respond to the requests. Congress had no way to enforce the “request”, so the federal government was virtually broke after the Revolutionary War.

2. Congress lacked the power to regulate commerce. As a result, certain treaties reached between the United States and foreign countries could not be enforced. Therefore, nations exploited this weakness by imposing restrictions on trade, which made it difficult to export goods.

3. Congress lacked real authority over the states. As a result, the states did not cooperate with each other. This led to trading practices that would hurt one another. Instead of acting as a confederation, each state looked out for its own interests, which led to essentially thirteen separate countries.

4. Congress lacked authority to make changes on its own. Any exercise of national authority required the approval of nine states. Any amendment to the Articles required a unanimous vote of all thirteen states. Because of the conflict between the states, getting nine states to agree to an exercise of national authority was rare and unanimity for an amendment never occurred.

Exceeds expectations Identifies all four points and provides full discussion on all four points

Meets expectations Identifies three points with moderate discussion

Does NOT meet expectations Only identifies two or fewer points with little or no discussion

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Constitution Q: What was the goal of the U.S. Constitution? Why did it replace the Articles of

Confederation? One basic goal of the Constitution was to unify states by creating one

national government without giving too much power to one person or entity. The Articles really exposed the fact that the national government could not operate effectively if the states continued to look out for their own individual interests.

Another basic goal of the Constitution was to safeguard individual rights. As a result, the Constitution created three branches of government. This corrected the problems the Articles of Confederation created by giving each branch some authority, but also allowing for each branch to “check” the other.

The Constitution grants certain powers to the executive, judicial and legislative branches of government. Any powers not granted to one of the three branches are reserved to the states.

The Articles were created by the states. As a result, Congress was controlled by the states. This led to Congress having little to no authority to do anything or change anything. If the states did not respond to Congress’ requests, Congress had no authority to exact sanctions or consequences against the states.

The Constitution gave the national government supremacy. Along with the Constitution itself, the laws enacted under the Constitution, and any treaties entered into become the supreme law of the land.

Exceeds expectations Identifies all five points or discusses at least four of them

in much more depth than most students Meets expectations Identifies four solid points or at least discusses three

points in depth Does NOT meet expectations

Only identifies three or fewer points with little or no discussion