THE CONSTITUTION

The purpose of this chapter is to introduce you to the historical context within which the United States

Constitution was written.

THEME ATHE POLITICAL

PHILOSOPHY OF THE FOUNDERS

Feared a strong government AND the majority

”Natural Rights.” - Life, liberty and property

The "real" revolutionThe "real" revolution

The "real" revolution was the radical The "real" revolution was the radical change in belief about what made change in belief about what made authority legitimate and liberties secure.authority legitimate and liberties secure.

Government by consent, not by Government by consent, not by prerogativeprerogative

Direct grant of power: written constitutionDirect grant of power: written constitution Human liberty before governmentHuman liberty before government Legislature superior to executive branchLegislature superior to executive branch

THEME B: THE CONSTITUTIONAL

CONVENTIONThe Weakness of the Articles of

ConfederationThe Virginia Plan

The New Jersey PlanThe “Great Compromise”

The Constitutional ConventionThe Constitutional Convention

The Framers (55) attending: men of The Framers (55) attending: men of practical affairs, including Continental practical affairs, including Continental army veterans and members of the army veterans and members of the Congress of the ConfederationCongress of the Confederation

An entirely new constitution was An entirely new constitution was written, although gathering was written, although gathering was authorized only to revise Articlesauthorized only to revise Articles

Primary concern was with defense of Primary concern was with defense of liberty as a natural right (Lockean liberty as a natural right (Lockean reasoning)reasoning)

Weaknesses of the confederationWeaknesses of the confederation

Could not levy taxes or regulate commerceCould not levy taxes or regulate commerce Sovereignty, independence retained by statesSovereignty, independence retained by states One vote in Congress for each stateOne vote in Congress for each state Nine of thirteen votes in Congress required for any Nine of thirteen votes in Congress required for any

measuremeasure Delegates picked, paid for by legislaturesDelegates picked, paid for by legislatures Little money coined by CongressLittle money coined by Congress Army small; dependent on state militiasArmy small; dependent on state militias Territorial disputes between statesTerritorial disputes between states No national judicial systemNo national judicial system All thirteen states' consent necessary for any All thirteen states' consent necessary for any

amendmentsamendments

THEME C: THE MOTIVES OF THE

FOUNDERS

Economic Interests at the Convention Economic Interests and Ratification The Constitution and Equality Separation of Powers and FederalismNeed for a “Bill of Rights”

The FramersThe Framers

Who came: men of practical affairsWho came: men of practical affairs Who did not comeWho did not come Intent to write an entirely new constitutionIntent to write an entirely new constitution Lockean influenceLockean influence Doubts that popular consent could guarantee Doubts that popular consent could guarantee

libertyliberty Results: "a delicate problem"; need strong Results: "a delicate problem"; need strong

government for order but one that would not government for order but one that would not threaten libertythreaten liberty Democracy of that day not the solutionDemocracy of that day not the solution Aristocracy not a solution eitherAristocracy not a solution either Government with constitutional limits no guarantee Government with constitutional limits no guarantee

against tyrannyagainst tyranny

The Antifederalist ViewThe Antifederalist View

Liberty could be secure only in Liberty could be secure only in small republicssmall republics

Nation needed, at best, a loose Nation needed, at best, a loose confederation of states with most confederation of states with most of the power wielded by the state of the power wielded by the state legislatureslegislatures

If there was a strong national If there was a strong national government, there should be many government, there should be many more restrictions on itmore restrictions on it

Federalist Papers 10 and 51Federalist Papers 10 and 51

Coalitions were more likely to be Coalitions were more likely to be moderate because they would moderate because they would represent a diversity of interestsrepresent a diversity of interests

Governments should be somewhat Governments should be somewhat distant from the passions of the distant from the passions of the peoplepeople

No bill of rights was necessaryNo bill of rights was necessary

The Virginia PlanThe Virginia Plan

Design for a true national governmentDesign for a true national government Two houses in legislatureTwo houses in legislature Executive chosen by legislatureExecutive chosen by legislature Council of revision with veto powerCouncil of revision with veto power Two key features of the planTwo key features of the plan

National legislature with supreme National legislature with supreme powerspowers

One house elected directly by the One house elected directly by the peoplepeople

The New Jersey PlanThe New Jersey Plan

Sought to amend rather Sought to amend rather than replace the Articlesthan replace the Articles

Proposed one vote per Proposed one vote per statestate

Protected small states' Protected small states' interestsinterests

The compromiseThe compromise

House of Representatives House of Representatives based on populationbased on population

Senate of two members Senate of two members per stateper state

Reconciled interests of Reconciled interests of big and small statesbig and small states

Key principlesKey principles

Separation of powersSeparation of powers FederalismFederalism

Reasons for the absence of a bill of Reasons for the absence of a bill of rightsrights

Several guarantees in ConstitutionSeveral guarantees in Constitution Habeas corpusHabeas corpus No bill of attainderNo bill of attainder No ex post facto lawNo ex post facto law Trial by juryTrial by jury Privileges and immunitiesPrivileges and immunities No religious testsNo religious tests Obligation of contractsObligation of contracts

Most states had bills of rights.Most states had bills of rights. Intent to limit federal government to specific Intent to limit federal government to specific

powerspowers

Need for a bill of rightsNeed for a bill of rights

Ratification impossible Ratification impossible without onewithout one

Promise by key leaders to Promise by key leaders to obtain oneobtain one

Bitter ratification narrowly Bitter ratification narrowly successfulsuccessful

The motives of the FramersThe motives of the Framers

Acted out of a mixture of motives; economic Acted out of a mixture of motives; economic interests played modest roleinterests played modest role

Economic interests of framers varied widelyEconomic interests of framers varied widely Economic interests of Framers varied widelyEconomic interests of Framers varied widely Beard: those who owned governmental debt Beard: those who owned governmental debt

supported Constitutionsupported Constitution However, no clear division along class lines foundHowever, no clear division along class lines found Recent research: state considerations outweighed Recent research: state considerations outweighed

personal considerations; exception: slaveholderspersonal considerations; exception: slaveholders

Madison's Federalist No. 10Madison's Federalist No. 10

Personal liberty safest in large Personal liberty safest in large ("extended") republics("extended") republics Coalitions likely more Coalitions likely more

moderate theremoderate there Government Government should should be be

somewhat distant to be somewhat distant to be insulated from passionsinsulated from passions

THEME D

CONSTITUTIONAL REFORM ‑ MODERN VIEWS Reducing the Separation of Powers

Making the System Less Democratic

Constitutional reform--modern Constitutional reform--modern viewsviews

Reducing the separation of powers to Reducing the separation of powers to enhance national leadershipenhance national leadership

Urgent problems remain unresolvedUrgent problems remain unresolved President should be more powerful, accountable, to President should be more powerful, accountable, to

produce better policiesproduce better policies Government agencies exposed to undue Government agencies exposed to undue

interferenceinterference ProposalsProposals

Choose cabinet members from CongressChoose cabinet members from Congress Allow president to dissolve CongressAllow president to dissolve Congress Empower Congress to require special presidential Empower Congress to require special presidential

electionelection Require presidential/congressional termsRequire presidential/congressional terms Establish single six-year term for presidentEstablish single six-year term for president Lengthen terms in House to four yearsLengthen terms in House to four years

Making the system less democraticMaking the system less democratic

Government does too much, not too littleGovernment does too much, not too little Attention to individual wants over general Attention to individual wants over general

preferencespreferences ProposalsProposals

Limit amount of taxes collectibleLimit amount of taxes collectible Require a balanced budgetRequire a balanced budget Grant president a true line-item vetoGrant president a true line-item veto Narrow authority of federal courtsNarrow authority of federal courts

Who is right?Who is right?

Crucial questionsCrucial questions

How well has it worked in How well has it worked in comparison with othercomparison with other

How well has it worked in history?How well has it worked in history?

Key Principles of GovernmentKey Principles of Government

Founders did not intent to create a Founders did not intent to create a direct democracydirect democracy

Popular rule only in House of Popular rule only in House of RepresentativesRepresentatives

Separation of Powers: between Separation of Powers: between branchesbranches

Federalism: power divided between Federalism: power divided between national and state governmentsnational and state governments

Three Categories of PowersThree Categories of Powers

Enumerated powersEnumerated powers:: given to national given to national government exclusively; include power to government exclusively; include power to print money, declare war, make treaties, print money, declare war, make treaties, conduct foreign affairsconduct foreign affairs

Reserved powersReserved powers:: given to states given to states exclusively; include power to issue licenses exclusively; include power to issue licenses and to regulate commerce wholly within a and to regulate commerce wholly within a statestate

Concurrent powersConcurrent powers:: shared by both shared by both national and state governments; include national and state governments; include collecting taxes, building roads, borrowing collecting taxes, building roads, borrowing money, having courtsmoney, having courts

Map 2.2: Ratification of the Map 2.2: Ratification of the Federal Constitution by State Federal Constitution by State

Conventions, 1787-1790 Conventions, 1787-1790

The Constitution and SlaveryThe Constitution and Slavery

House of Representatives House of Representatives Apportionment: 3/5 CompromiseApportionment: 3/5 Compromise

Congress could not prohibit slave Congress could not prohibit slave trade before 1808trade before 1808

Fugitive Slave ClauseFugitive Slave Clause

Suggestions for Constitutional Suggestions for Constitutional ReformReform

Reduce separation of powers to Reduce separation of powers to enhance national leadershipenhance national leadership

Make the system less democraticMake the system less democratic Questions to considerQuestions to consider

How well has it worked in history?How well has it worked in history? How well has it worked in comparison How well has it worked in comparison

with other democratic nations?with other democratic nations?

PARTS OF THE CONSTITUTION

ARTICLE I ‑ LEGISLATIVE

ARTICLE II ‑ EXECUTIVE

ARTICLE III ‑ JUDICIAL

ARTICLE IV ‑ STATES RIGHTS

ARTICLE V ‑ AMENDING THE CONSTITUTION

ARTICLE VI ASSUMPTION OF DEBT, SUPREMACY CLAUSE AND NO RELIGIOUS TEST

ARTICLE VIIRATIFICATION OF THE CONSTITUTION

The Bill of Rights

Amendments 1 - 10

AMENDMENT 1FREEDOM OF RELIGIONSPEECH, PRESS, ASSEMBLY

AMENDMENT 2THE MILITIA AND THE RIGHT TO BEAR ARMS

AMENDMENT 3 QUARTERING OF TROOPS

IN PRIVATE HOMES

AMENDMENT 4UNREASONABLE SEARCH

AND SEIZURE

AMENDMENT 5DUE PROCESS

AMENDMENT 6RIGHTS WHEN ON TRIAL

AMENDMENT 7COMMON ‑ LAW SUITS

AMENDMENT 8BAIL, CRUEL AND

UNUSUAL PUNISHMENT

AMENDMENT 9

UNENUMERATED RIGHTS PROTECTED

Right to privacy interpreted to be under this amendment. Madison felt that this was the most important amendment because it would cover forgotten rights.

AMENDMENT 10

POWERS RESERVED TO THE STATES

AMENDMENT 11LIMITS ON SUITS AGAINST STATES

AMENDMENT 12REVISION OF ELECTORAL COLLEGE PROCEDURE

AMENDMENT 13SLAVERY PROHIBITED

AMENDMENT 14EX‑SLAVES MADE CITIZENS

DUE PROCESS EXTENDED TO STATES

AMENDMENT 15BLACKS GIVEN RIGHT TO VOTE

AMENDMENT 16FEDERAL INCOME TAX

AMENDMENT 17POPULAR ELECTION OF

SENATORS

AMENDMENT 18PROHIBITION

AMENDMENT 19WOMEN'S SUFFRAGE

AMENDMENT 20FEDERAL TERMS OF OFFICE TO BEGIN IN

JANUARY

AMENDMENT 21REPEALED PROHIBITION

AMENDMENT 22PRESIDENT LIMITED TO

TWO TERMS

AMENDMENT 23D.C. GIVEN VOTING

RIGHTS

AMENDMENT 24POLL TAX OUTLAWED

AMENDMENT 25PRESIDENTIAL

DISABILITY

AMENDMENT 26VOTING AGE LOWERED TO

18

AMENDMENT 27INCREASE IN

CONGRESSIONAL SALARIES PROHIBITED DURING TERM

Ratification of Ratification of the Federal the Federal Constitution by Constitution by State State Conventions, Conventions, 1787-17901787-1790

Self-Test

For more information about this topic, link to the Metropolitan Community College Political Science Web Site

http://socsci.mccneb.edu/pos/polscmain.htm