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The Constitution
Andrew MartinUniversity of Kentucky
Constitutional Convention
● Delegates met in Annapolis, Md. in 1786.
Constitutional Convention
● Delegates met in Annapolis, Md. in 1786.●Only five states sent delegates.
Constitutional Convention
● Delegates met in Annapolis, Md. in 1786.●Only five states sent delegates.●Hamilton suggested another meeting in Philadelphia in 1787.
Constitutional Convention
● Delegates met in Annapolis, Md. in 1786.●Only five states sent delegates.●Hamilton suggested another meeting in Philadelphia in 1787.●Madison was able to secure Congress' approval.
Political motivations
● Political: The Articles of Confederation were ineffective and
weak
Political motivations
● Political: The Articles of Confederation were ineffective and
weak● Shay's rebellion
Political motivations
● Political: The Articles of Confederation were ineffective and
weak● Shay's rebellion● Revolutionary war debt
Political motivations
● Political: The Articles of Confederation were ineffective and
weak● Shay's rebellion● Revolutionary war debt● Unable to handle threats from foreign powers
Political motivations
● Political: The Articles of Confederation were ineffective and
weak● Shay's rebellion● Revolutionary war debt● Unable to handle threats from foreign powers
Jefferson: “an assembly of demi-gods”
Economic motivations
● Done to financially benefit Founding Fathers Charles Beard, An Economic Interpretation of the
Constitution of the United States, 1913
Economic motivations
● Done to financially benefit Founding Fathers Charles Beard, An Economic Interpretation of the
Constitution of the United States, 1913● Policies of 1780s helped farmers and laborers,
hurt business owners, bankers
Economic Events of 1780s
● Little protection for manufacturing sector
Economic Events of 1780s
● Little protection for manufacturing sector● No protection of investment in western land
Economic Events of 1780s
● Little protection for manufacturing sector● No protection of investment in western land● American shipping was discriminated against
by foreign countries
Economic Events of 1780s
● Little protection for manufacturing sector● No protection of investment in western land● American shipping was discriminated against
by foreign countries● Each state coining its own money, along with
other laws, led to depreciation of currency and resulted in inflation
Economic Events of 1780s
● Little protection for manufacturing sector● No protection of investment in western land● American shipping was discriminated against
by foreign countries● Each state coining its own money, along with
other laws, led to depreciation of currency and resulted in inflation
● “stay laws” prevented foreclosure on farms
Economic Events of 1780s
● Little protection for manufacturing sector● No protection of investment in western land● American shipping was discriminated against
by foreign countries● Each state coining its own money, along with
other laws, led to depreciation of currency and resulted in inflation
● “stay laws” prevented foreclosure on farms● “tender laws” allowed farmers to pay loans with
crops
The Constitutional Convention
● May-September 1787
The Constitutional Convention
● May-September 1787● Held in Philadelphia State House
The Constitutional Convention
● May-September 1787● Held in Philadelphia State House● 55 men from 12 states (Rhode Island did not
send delegates)
Occupations of Founding Fathers
Occupations of Founding Fathers
● 35 were lawyers or had some legal training
Occupations of Founding Fathers
● 35 were lawyers or had some legal training● 13 were businessmen, merchants, or shippers
Occupations of Founding Fathers
● 35 were lawyers or had some legal training● 13 were businessmen, merchants, or shippers● 12 owned and managed slave plantations/farms
Occupations of Founding Fathers
● 35 were lawyers or had some legal training● 13 were businessmen, merchants, or shippers● 12 owned and managed slave plantations/farms● 11 were major securities speculators
Occupations of Founding Fathers
● 35 were lawyers or had some legal training● 13 were businessmen, merchants, or shippers● 12 owned and managed slave plantations/farms● 11 were major securities speculators● 9 held public office
Occupations of Founding Fathers
● 35 were lawyers or had some legal training● 13 were businessmen, merchants, or shippers● 12 owned and managed slave plantations/farms● 11 were major securities speculators● 9 held public office ● 6 were major land speculators
Occupations of Founding Fathers
● 35 were lawyers or had some legal training● 13 were businessmen, merchants, or shippers● 12 owned and managed slave plantations/farms● 11 were major securities speculators● 9 held public office ● 6 were major land speculators● 3 physicians
Occupations of Founding Fathers
● 35 were lawyers or had some legal training● 13 were businessmen, merchants, or shippers● 12 owned and managed slave plantations/farms● 11 were major securities speculators● 9 held public office ● 6 were major land speculators● 3 physicians● 2 scientists
Occupations of Founding Fathers
● 35 were lawyers or had some legal training● 13 were businessmen, merchants, or shippers● 12 owned and managed slave plantations/farms● 11 were major securities speculators● 9 held public office ● 6 were major land speculators● 3 physicians● 2 scientists● 1 minister
Convention deliberation
● Stated purpose was to fix Articles of Confederation
Convention deliberation
● Stated purpose was to fix Articles of Confederation AOC were tossed on fourth day of deliberation
Convention deliberation
● Stated purpose was to fix Articles of Confederation AOC were tossed on fourth day of deliberation
● Deliberations were secretive
Convention deliberation
● Stated purpose was to fix Articles of Confederation AOC were tossed on fourth day of deliberation
● Deliberations were secretive Members sworn to secrecy
Convention deliberation
● Stated purpose was to fix Articles of Confederation AOC were tossed on fourth day of deliberation
● Deliberations were secretive Members sworn to secrecy Windows of Philadelphia State House were nailed
shut
Convention deliberation
● Stated purpose was to fix Articles of Confederation AOC were tossed on fourth day of deliberation
● Deliberations were secretive Members sworn to secrecy Windows of Philadelphia State House were nailed
shut Guards were posted to prevent others from hearing
deliberations
Ratification
● Dropped unanimous consent requirement spelled out in AOC
Ratification
● Dropped unanimous consent requirement spelled out in AOC
● Done because Rhode Island, North Carolina expected to resist changes
Ratification
● Dropped unanimous consent requirement spelled out in AOC
● Done because Rhode Island, North Carolina expected to resist changes
● Nine states would have to ratify Constitution for it to take effect
Ratification
● Dropped unanimous consent requirement spelled out in AOC
● Done because Rhode Island, North Carolina expected to resist changes
● Nine states would have to ratify Constitution for it to take effect
● States would have to ratify, though no mention of elected state legislatures was made
Ratification
● Dropped unanimous consent requirement spelled out in AOC
● Done because Rhode Island, North Carolina expected to resist changes
● Nine states would have to ratify Constitution for it to take effect
● States would have to ratify, though no mention of elected state legislatures was made
● States held elections to select delegates to state constitutional conventions
Federalists vs. Anti-Federalists
Federalists vs. Anti-Federalists
● Federalists supported ratification of the Constitution
Federalists vs. Anti-Federalists
● Federalists supported ratification of the Constitution
● Anti-Federalists opposed ratification
Federalists vs. Anti-Federalists
● Federalists supported ratification of the Constitution
● Anti-Federalists opposed ratification● Federalists won the day
Federalists vs. Anti-Federalists
● Federalists supported ratification of the Constitution
● Anti-Federalists opposed ratification● Federalists won the day● Constitution was signed by convention
delegates September 17, 1787
Federalists vs. Anti-Federalists
● Federalists supported ratification of the Constitution
● Anti-Federalists opposed ratification.● Federalists won the day● Constitution was signed by convention
delegates September 17, 1787● New Hampshire was 9th state to ratify it, putting
it into law, June 21, 1788
Federalists vs. Anti-Federalists
● Federalists supported ratification of the Constitution
● Anti-Federalists opposed ratification.● Federalists won the day● Constitution was signed by convention
delegates September 17, 1787● New Hampshire was 9th state to ratify it, putting
it into law, June 21, 1788● Laws and gov't took effect March 4, 1789
Anti-Federalists
● Feared a federal government would not be responsive to citizens
Anti-Federalists
● Feared a federal government would not be responsive to citizens
● Worried that new executive would amass too much power
Anti-Federalists
● Feared a federal government would not be responsive to citizens
● Worried that new executive would amass too much power
● No protection of individual rights
Federalists
● Believed federal representative republic was possible, desirable
Federalists
● Believed federal representative republic was possible, desirable
● Federalists believed a large republic would prevent the tyranny of a majority.
Federalists
● Believed federal representative republic was possible, desirable
● Federalists believed a large republic would prevent the tyranny of a majority. Federalist No. 10
Federalists
● Believed federal representative republic was possible, desirable
● Federalists believed a large republic would prevent the tyranny of a majority. Federalist No. 10
● Shared powers would give government the power to get things done, but prevent it from becoming too powerful
Competing Visions
● The Virginia Plan
Competing Visions
● The Virginia Plan● Authored by James Madison
Competing Visions
● The Virginia Plan● Authored by James Madison● Favored larger states
Competing Visions
● The Virginia Plan● Authored by James Madison● Favored larger states
Proposed bicameral legislature
Competing Visions
● The Virginia Plan● Authored by James Madison● Favored larger states
Proposed bicameral legislature Representation in both based on population
Competing Visions
● The New Jersey Plan
Competing Visions
● The New Jersey Plan● Offered as alternative to Virginia Plantation
Competing Visions
● The New Jersey Plan● Offered as alternative to Virginia Plantation● Favored smaller states
Competing Visions
● The New Jersey Plan● Offered as alternative to Virginia Plantation● Favored smaller states
Proposed unicameral legislatures
Competing Visions
● The New Jersey Plan● Offered as alternative to Virginia Plantation● Favored smaller states
Proposed unicameral legislatures One vote per state
Competing Visions
● Connecticut Compromise
Competing Visions
● Connecticut Compromise Two houses
Competing Visions
● Connecticut Compromise Two houses One proportional (House)
Competing Visions
● Connecticut Compromise Two houses One proportional (House) One equal votes for each state (Senate)
Slavery and the Constitution
● Issue of slavery never explicitly mentioned in Constitution
Slavery and the Constitution
● Issue of slavery never explicitly mentioned in Constitution
● Issue very contentious
Slavery and the Constitution
● Issue of slavery never explicitly mentioned in Constitution
● Issue very contentious● Slaves and commerce compromise
Slavery and the Constitution
● Issue of slavery never explicitly mentioned in Constitution
● Issue very contentious● Slaves and commerce compromise
Northerners got tariffs on imported goods
Slavery and the Constitution
● Issue of slavery never explicitly mentioned in Constitution
● Issue very contentious● Slaves and commerce compromise
Northerners got tariffs on imported goods Southerners got protection against the outlaw of
overseas slave trading until 1808.
Slavery and the Constitution
● Census to be taken every 10 years, would help determine the configuration of House districts
Slavery and the Constitution
● Census to be taken every 10 years, would help determine the configuration of House districts
● Slaves were to be counted as 3/5 person
Slavery and the Constitution
● Census to be taken every 10 years, would help determine the configuration of House districts
● Slaves were to be counted as 3/5 person Increased Southern population counts, and hence
the South would have more seats in the U.S. House.
Compromise on enumerated rights
● The Federalists made a concession on individual rights, agreeing to amend the
Constitution to include a list of individual safeguards.
Layout of the Constitution
● Article I (Legislative Branch)● Article II (Executive Branch)● Article III (Judicial Branch)● Article IV (Relations between the States)● Article V (Amendment Process)● Article VI (Federal-State relations/Oath for
Officers)● Article VII (How Constitution will be ratified)
Separation of Powers
● Legislative Branch -- makes laws (Article I)● Executive Branch -- enforces laws (Article II)● Judicial Branch -- interprets laws, resolves
disputes (Article III)
Presidential checks on Congress
● President can:
Presidential checks on Congress
● President can: Veto legislation
Presidential checks on Congress
● President can: Veto legislation Call special session
Presidential checks on Congress
● President can: Veto legislation Call special session Recommend legislation
Presidential checks on Congress
● President can: Veto legislation Call special session Recommend legislation Vice-President presides over Senate, casts tie-
breaking votes
Presidential checks on judiciary
● President can:
Presidential checks on judiciary
● President can: Nominate federal judges
Presidential checks on judiciary
● President can: Nominate federal judges Pardon persons convicted by federal courts
Congressional checks on President
● Congress can:
Congressional checks on President
● Congress can: Override presidential veto (2/3 majority)
Congressional checks on President
● Congress can: Override presidential veto (2/3 majority) Impeach and remove president
Congressional checks on President
● Congress can: Override presidential veto (2/3 majority) Impeach and remove president Reject presidential appointees (Senate)
Congressional checks on President
● Congress can: Override presidential veto (2/3 majority) Impeach and remove president Reject presidential appointees (Senate) Refuse ratification of treaties (Senate)
Congressional checks on President
● Congress can: Override presidential veto (2/3 majority) Impeach and remove president Reject presidential appointees (Senate) Refuse ratification of treaties (Senate) Reject president's request for laws and funds
Congressional checks on President
● Congress can: Override presidential veto (2/3 majority) Impeach and remove president Reject presidential appointees (Senate) Refuse ratification of treaties (Senate) Reject president's request for laws and funds Investigate president's actions
Congressional checks on judiciary
● Congress can:
Congressional checks on judiciary
● Congress can: Reject judicial nominees to federal bench
Congressional checks on judiciary
● Congress can: Reject judicial nominees to federal bench Create lower federal courts
Congressional checks on judiciary
● Congress can: Reject judicial nominees to federal bench Create lower federal courts Amend laws to change judicial interpretation
Congressional checks on judiciary
● Congress can: Reject judicial nominees to federal bench Create lower federal courts Amend laws to change judicial interpretation Propose constitutional amendments
Judicial checks on Congress, president
● Can declare laws passed by Congress unconstitutional
Judicial checks on Congress, president
● Can declare laws passed by Congress unconstitutional
● Can declare acts of the president/administration unconstitutional
Federalism (Article VI)
● Divides power between federal and state governments.
Federalism (Article VI)
● Divides power between federal and state governments.
● Powers of the federal government are explicitly defined are known as expressed powers.
Federalism (Article VI)
● Divides power between federal and state governments.
● Powers of the federal government are explicitly defined are known as expressed powers.
● Originally, focus of nat'l government was to be foreign affairs, nat'l security and commerce
Federalism (Article VI)
● Divides power between federal and state governments.
● Powers of the federal government are explicitly defined are known as expressed powers.
● Originally, focus of nat'l government was to be foreign affairs, nat'l security and commerce
● "Necessary and proper" clause, subsequent amendments allowed federal gov't influence to grow
Federalism
● State Governments
Federalism
● State Governments Intended to look after health, safety and well-being
of the people
Federalism
● State Governments Intended to look after health, safety and well-being
of the people Powers known as police powers
State reciprocity (Article IV)
● Full faith and credit clause
State reciprocity (Article IV)
● Full faith and credit clause Each state must accept legal proceedings of other
states
State reciprocity (Article IV)
● Full faith and credit clause Each state must accept legal proceedings of other
states● Privileges and immunities clause
State reciprocity (Article IV)
● Full faith and credit clause Each state must accept legal proceedings of other
states● Privileges and immunities clause
Mandates that out-of -state citizens enjoy legal rights of citizens in that state
Supremacy Clause
● Federal law supercedes state law (Article VI)
Amendments
● Proposing an amendment
Amendments
● Proposing an amendment Congress calls national convention at request of
two-thirds of the states (rare)
Amendments
● Proposing an amendment Congress calls national convention at request of
two-thirds of the states (rare) Two-thirds of Congress votes for proposed
amendment (more common)
Amendments
● Ratifying an amendment
Amendments
● Ratifying an amendment Ratifying conventions in three-fourths of states
(rare)
Amendments
● Ratifying an amendment Ratifying conventions in three-fourths of states
(rare) Three-fourths of state legislatures approve (more
common)
Bill of Rights
● Background
Bill of Rights
● Background Ratified, 1791
Bill of Rights
● Background Ratified, 1791 Consists of first 10 amendments to the U.S.
Constitution
Bill of Rights
● Background Ratified, 1791 Consists of first 10 amendments to the U.S.
Constitution Foundation for civil liberties/civil rights in United
States
Bill of Rights
● Safeguards of personal and political freedom:
Bill of Rights
● Safeguards of personal and political freedom:● 1. Freedom of speech, press, religion (two
parts), right to assemble peacefully
Bill of Rights
● Safeguards of personal and political freedom:● 1. Freedom of speech, press, religion (two
parts), right to assemble peacefully● 2. Right to keep and bear arms
Bill of Rights
● Protection against British occupation● 3. Protection against quartering of troops in
private homes
Bill of Rights
● Safeguards in judicial process:
Bill of Rights
● Safeguards in judicial process: ● 4. Protection against unreasonable search and
seizures.
Bill of Rights
● Safeguards in judicial process: ● 4. Protection against unreasonable search and
seizures.● 5. Guarantees of:
Bill of Rights
● Safeguards in judicial process: ● 4. Protection against unreasonable search and
seizures.● 5. Guarantees of:
grand jury for capital crimes
Bill of Rights
● Safeguards in judicial process: ● 4. Protection against unreasonable search and
seizures.● 5. Guarantees of:
grand jury for capital crimes no double jeopardy
Bill of Rights
● Safeguards in judicial process: ● 4. Protection against unreasonable search and
seizures.● 5. Guarantees of:
grand jury for capital crimes no double jeopardy no self-incrimination
Bill of Rights
● Safeguards in judicial process: ● 4. Protection against unreasonable search and
seizures.● 5. Guarantees of:
grand jury for capital crimes no double jeopardy no self-incrimination no deprivation of life or property without "due
process of law"
Bill of Rights
● Safeguards in judicial process: ● 4. Protection against unreasonable search and
seizures.● 5. Guarantees of:
grand jury for capital crimes no double jeopardy no self-incrimination no deprivation of life or property without "due
process of law" no taking of property without just compensation
Bill of Rights
● Safeguards in judicial process: ● 6. Guarantees of:
Bill of Rights
● Safeguards in judicial process: ● 6. Guarantees of:
speedy, public trial
Bill of Rights
● Safeguards in judicial process: ● 6. Guarantees of:
speedy, public trial to be informed of nature of charges
Bill of Rights
● Safeguards in judicial process: ● 6. Guarantees of:
speedy, public trial to be informed of nature of charges to confront witnesses
Bill of Rights
● Safeguards in judicial process: ● 6. Guarantees of:
speedy, public trial to be informed of nature of charges to confront witnesses to compel witnesses to appear in one's defense
Bill of Rights
● Safeguards in judicial process: ● 6. Guarantees of:
speedy, public trial to be informed of nature of charges to confront witnesses to compel witnesses to appear in one's defense right to legal counsel
Bill of Rights
● Safeguards in judicial process: ● 6. Guarantees of:
speedy, public trial to be informed of nature of charges to confront witnesses to compel witnesses to appear in one's defense right to legal counsel
● 7. Guarantee of trial by jury of one's peers
Bill of Rights
● Safeguards in judicial process: ● 6. Guarantees of:
speedy, public trial to be informed of nature of charges to confront witnesses to compel witnesses to appear in one's defense right to legal counsel
● 7. Guarantee of trial by jury of one's peers● 8. Guarantees against:
Bill of Rights
● Safeguards in judicial process: ● 6. Guarantees of:
speedy, public trial to be informed of nature of charges to confront witnesses to compel witnesses to appear in one's defense right to legal counsel
● 7. Guarantee of trial by jury of one's peers● 8. Guarantees against:
cruel and unusual punishment, excessive bail
Bill of Rights
● Description of unenumerated rights and reserved powers:
Bill of Rights
● Description of unenumerated rights and reserved powers:
● 9. Assurance that rights not listed for protection against the power of the central government are reserved to the people.
Bill of Rights
● Description of unenumerated rights and reserved powers:
● 9. Assurance that rights not listed for protection against the power of the central government are reserved to the people.
● 10. Assurance that the powers not delegated to the central government are reserved to the states or to the people.