Constitutional Constitutional FoundationsFoundations

Major TopicsMajor Topics

From Colonies to IndependenceFrom Colonies to Independence The Critical Period (1781 – 1789)The Critical Period (1781 – 1789) The U.S. ConstitutionThe U.S. Constitution Basic Principles of American Basic Principles of American

GovernmentGovernment

Basic QuestionsBasic Questions What were the basic ideas of the What were the basic ideas of the

Declaration of Independence?Declaration of Independence? How did the Constitution create a stronger How did the Constitution create a stronger

central government without threatening central government without threatening individual liberties?individual liberties?

How does our federal system of How does our federal system of government work?government work?

How are individual rights protected by the How are individual rights protected by the Constitution and the Bill of Rights?Constitution and the Bill of Rights?

Declaration of IndependenceDeclaration of Independence(1776)(1776)

Author: Thomas JeffersonAuthor: Thomas Jefferson Influenced by: John LockeInfluenced by: John Locke Supported by: Thomas Paine’s Supported by: Thomas Paine’s

Common SenseCommon Sense

Declaration of IndependenceDeclaration of Independence

Democratic TheoryDemocratic Theory All men are created equalAll men are created equal Government by the Government by the consent of the consent of the

governedgoverned Inalienable rights to life, liberty,…Inalienable rights to life, liberty,…

happinesshappiness Right to revoltRight to revolt against a government against a government

that does not protect the people’s rightsthat does not protect the people’s rights

Declaration of IndependenceDeclaration of Independence

GrievancesGrievances against Great Britain against Great Britain To show that the Americans had been To show that the Americans had been

mistreated by the Britishmistreated by the British Taxation without representationTaxation without representation Quartering troopsQuartering troops in the colonists’ homes in the colonists’ homes Interfering with tradeInterfering with trade Interfering with trial by juryInterfering with trial by jury Interfering with colonial self-governmentInterfering with colonial self-government

Importance of the Declaration of Importance of the Declaration of IndependenceIndependence

Announced independence of the U.S.Announced independence of the U.S. Inspired others (French Revolution, Inspired others (French Revolution,

post-WWII)post-WWII) Goal for other reform movements Goal for other reform movements

(equality)(equality)

Articles of ConfederationArticles of Confederation(1781 – 1789)(1781 – 1789)

Strong state governments, weak Strong state governments, weak nationalnational

Articles of ConfederationArticles of Confederation

AccomplishmentsAccomplishments Land OrdinanceLand Ordinance – –

1785-1785- grid pattern for grid pattern for orderly settlementorderly settlement

Northwest Ordinance Northwest Ordinance – 1787-– 1787- expand expand democracy into democracy into territories, process to territories, process to become a statebecome a state

Kept 13 states Kept 13 states togethertogether

WeaknessesWeaknesses States dominate/No States dominate/No

national interestnational interest Lacked basic Lacked basic

powerspowers No executive or No executive or

judicialjudicial No control of tradeNo control of trade No uniform currencyNo uniform currency No power to tax or No power to tax or

raise armyraise army

Problems under the Articles of Problems under the Articles of ConfederationConfederation

Trade sufferedTrade suffered – U.S. can’t enforce – U.S. can’t enforce trade agreements, states competed trade agreements, states competed with each other, money and tariffs too with each other, money and tariffs too confusingconfusing

Shays’ RebellionShays’ Rebellion – Massachusetts – Massachusetts farmers rebelled over currency and farmers rebelled over currency and debt issues; national government had debt issues; national government had no power to respond – demonstrated no power to respond – demonstrated need for stronger national governmentneed for stronger national government

Constitutional ConventionConstitutional ConventionPhiladelphia - 1787Philadelphia - 1787

Agreed to Agreed to 3 branches of government – Legislative, 3 branches of government – Legislative,

Executive, & JudicialExecutive, & Judicial National government needs power to National government needs power to

tax, regulate interstate & foreign trade, tax, regulate interstate & foreign trade, sole power to coin money, raise an armysole power to coin money, raise an army

Constitutional CompromisesConstitutional Compromises“A Bundle of Compromises”“A Bundle of Compromises”

Representation in LegislatureRepresentation in Legislature Virginia Plan v. New Jersey Plan

The Great Compromise 2 house Congress (bi-cameral)2 house Congress (bi-cameral) House of Representatives - # of House of Representatives - # of

representatives based on state populationrepresentatives based on state population Senate – equal # of Senators per stateSenate – equal # of Senators per state Any bill must pass both houses to become a Any bill must pass both houses to become a

lawlaw

(Compromises)(Compromises)

SlaverySlavery North v. SouthNorth v. South

3/5 Compromise3/5 Compromise Slave populations would be counted as 3/5 Slave populations would be counted as 3/5

of a person for purposes of representation of a person for purposes of representation and taxation and taxation

(Compromises)(Compromises)

TariffsTariffs North v. SouthNorth v. South

Tariff CompromiseTariff Compromise Congress may tax imports but never may Congress may tax imports but never may

tax exportstax exports Encourage favorable balance of tradeEncourage favorable balance of trade

(Compromises)(Compromises)

Electing the PresidentElecting the President Delegates didn’t trust the common man Delegates didn’t trust the common man

to make wise decisionsto make wise decisions

Electoral College CompromiseElectoral College Compromise Voters choose electors representing a Voters choose electors representing a

candidatecandidate Electors choose the PresidentElectors choose the President President is President is indirectlyindirectly elected by the voters elected by the voters President is President is directlydirectly elected by the electors elected by the electors

Ratification of the ConstitutionRatification of the Constitution

FederalistsFederalists Supported Supported

Constitution & Constitution & stronger central stronger central gov’t.gov’t.

Big names supportBig names support Organized Organized Federalist Papers Federalist Papers ––

editorials editorials supporting supporting ConstitutionConstitution

Anti-FederalistsAnti-Federalists Feared too strong a Feared too strong a

central gov’t. could central gov’t. could take away rightstake away rights

Favored stronger Favored stronger state gov’ts. – state gov’ts. – closer to the peoplecloser to the people

Concern that the Concern that the original Constitution original Constitution did not list the did not list the rights of the peoplerights of the people

RatificationRatification

9/13 states approved9/13 states approved Federalists agreed to add a Bill of Federalists agreed to add a Bill of

RightsRights

The ConstitutionThe Constitution(1789 - )(1789 - )

A blue-print or framework for a A blue-print or framework for a national governmentnational government

FederalismFederalism

Divide powers between national and Divide powers between national and state governmentsstate governments Delegated (enumerated) powers – Delegated (enumerated) powers –

federal gov’tfederal gov’t Article I Section 8 – Article I Section 8 – Elastic ClauseElastic Clause – “necessary – “necessary

and proper” clause stretches Nationand proper” clause stretches Nation

Reserved powers (10Reserved powers (10thth Amendment) – Amendment) – state gov’t state gov’t

Concurrent powers - BOTHConcurrent powers - BOTH

Separation of PowersSeparation of Powers

3 branches of government3 branches of government LegislativeLegislative Executive Executive JudicialJudicial

Checks and BalancesChecks and Balances

(from Montesquieu)(from Montesquieu) No one or no one branch gets too No one or no one branch gets too

powerfulpowerful

Constitutional FlexibilityConstitutional Flexibility

AmendmentsAmendments

Interpretation (Judicial Review)Interpretation (Judicial Review)

Elastic Clause (Implied Powers)Elastic Clause (Implied Powers) – – Congress can make laws that are Congress can make laws that are ““necessary & propernecessary & proper” to carry out ” to carry out delegated powersdelegated powers

Amendment ProcessAmendment Process

Proposed by Proposed by 2/3 of both houses 2/3 of both houses

of the Congressof the Congress

Ratified byRatified by ¾ of the state ¾ of the state

legislatureslegislatures

AmendmentsAmendments

# 1 – 10 – Bill of Rights (1791)# 1 – 10 – Bill of Rights (1791)

Civil Rights AmendmentsCivil Rights Amendments (Post Civil War)(Post Civil War)

#13 – No slavery#13 – No slavery #14 – Equal protection of the laws#14 – Equal protection of the laws #15 – Can’t deny vote due to race, #15 – Can’t deny vote due to race,

color, or previous condition of color, or previous condition of servitudeservitude

Progressive Era AmendmentsProgressive Era Amendments

#17 – Direct election of U.S. Senators#17 – Direct election of U.S. Senators #19 – Women’s right to vote#19 – Women’s right to vote #24 - Eliminated the poll tax#24 - Eliminated the poll tax #26 – 18 year-olds can vote#26 – 18 year-olds can vote

#18 & #21 Prohibition/Repeal of #18 & #21 Prohibition/Repeal of ProhibitionProhibition

““Presidential” AmendmentsPresidential” Amendments

#12 – separate ballots #12 – separate ballots (not same ballot - #1-= (not same ballot - #1-=

President; #2 = VP)President; #2 = VP); for Pres & VP (; for Pres & VP (so both would come so both would come from same Political Party)from same Political Party)

#20 – terms of Pres and Congress #20 – terms of Pres and Congress start in January (not March) – start in January (not March) – “Lame Duck” “Lame Duck” AmendmentAmendment

#22 – 2 term limit on President#22 – 2 term limit on President #25 – Presidential Line of Succession; #25 – Presidential Line of Succession;

VP…Speaker of the House…etc.VP…Speaker of the House…etc.