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The United States Constitution

The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation

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Page 1: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation

The United States Constitution

Page 2: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation

The 13 Colonies

Page 3: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation

The Preface to the US Constitution's Creation

Page 4: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation

British Restrictions and Colonial Grievances•In the early 1760s the British Parliament began to levy taxes on the colonies to help pay off British war debt incurred during the French and Indian Wars (1756-1763)– Sugar Act of 1764– Stamp Act of 1765– Further duties on glass, lead, paint, etc. in 1767– The Coercive (“Intolerable”) Acts of 1774

Page 5: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation

Why the American colonies decided to declare their independence from Great Britain.

- Brits tax the colonies in order to fund colonial defenses

- Stamp Act: taxation to raise revenues to let British army stay in America. - Tea Act: British government made a monopoly on American tea; causing the Boston Tea Party.

- Colonists = angry over being taxed without having a say in government policymaking

Page 6: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation

1a. Analyze the Declaration of Independence and summarize the 3 parts of the document:

Parts Summary

A. Purposes ofGovernment

Page 7: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation

1b. Analyze the Declaration of Independence and summarize the 4 parts of the document:

Parts Summary

B. Argumentsfor DeclaringIndependence

Page 8: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation

1c. Analyze the Declaration of Independence and summarize the 4 parts of the document:

Parts Summary

C. Conclusion

Page 9: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation

2a. List at least 3 accomplishments of America’s first government, the Articles of Confederation (AOC).

Accomplishments of the AOC

Page 10: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation

3b. List at least 5 weaknesses of America’s first government, the Articles of Confederation (AOC).

Weaknesses of the AOC

Page 11: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation

Homework reminder

• View the next set of lectures and be prepared to discuss:

• The State Constitutions; The US Constitution (Hippocampus Online Lectures);

Page 12: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation

APGO Day 6 Warm-up (8/22, 8/23)

• When referring to the men who attended the Constitutional Convention, one historian noted, it was a "Convention of the well-bred, the well-fed, the well-read, and the well-wed.“ Explain the meaning of that statement.

Page 13: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation

Daily Agenda

• Pre-Test• Questions from last class• Warm-up/Discussion• The American Constitution continued• Current Events due today

Page 14: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation

Drafting the US Constitution

Page 15: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation

Problems of the Articles of Confederation

AOC Problems: Constitution Fixes:

Page 16: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation

Drafting the Constitution* Annapolis Convention

(9/11/1786) led to general convention in Philly (May 1787) Original Goal = fix the Articles

* The Delegates aka “Framers of the Constitution”:- educated, wealthy, lawyers, relatively young- James Madison (33), Alexander Hamilton (32)- RI refused to come

Page 17: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation

Factions Among the Delegates• Centralization vs. Decentralization:

- Centralization: power should be merged/unified - Decentralization: power should be spread out

• A majority of the delegates were nationalists who favored a stronger government

• Delegate beliefs ranged from near-monarchism to definite decentralized republicanism

Page 18: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation

Agreements & Conflicts at the Constitution Convention Conflicts:

-Congressional Representation

-Power of the executive(s) & judicial branch

-Slavery

-Regulation of commerce

Agreements: - Scrap the AOC more power in the national govt.

- Est. a republican govt.

- Est. a constitutional govt.

- Est. a balanced govt. where no single interest can dominate

- Suffrage for property owners only

- Protection of property rights

Page 19: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation

Politicking & Compromises: Small vs. Large States

The Virginia Plan:– National legislature

with representation based on population

– Single executive chosen by legislature

– Judges chosen by legislature

The New Jersey Plan: –National Legislature:

• State legislatures choose reps

• Each state gets 1 vote

– Plural executive chosen by legislature

–Judges appointed to life by executive

–All acts of Congress would be the supreme law of the land

Page 20: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation

The Great Compromise aka The Connecticut Compromise

Compromise between more populous states & smaller states

* Created a bicameral legislature:- one chamber based on population (House)- one chamber based on equal representation for each state (Senate)

Page 21: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation

Compromise: Selection of the President

Page 22: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation

The Three-Fifths Compromise

• Slavery was illegal in most northern states, but it was essential in the South

• Southern states wanted slaves counted in their populations Why???

• The Three-Fifths Compromise provided that 3/5 of the slaves would be counted (i.e., each slave would count as 3/5 of a person) – Could the slaves vote?

Page 23: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation

Compromise on Slavery

Page 24: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation

Compromise on Trade

Page 25: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation

The Interstate Commerce Clause

* National Government can regulate INTERstate commerce & among countries

…But…* National Government can’t tax

international exports * State governments can’t tax

imports from other states/foreign nations States retain power to regulate INTRAstate commerce

Page 26: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation

The Final Version of the US Constitution

Page 27: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation

The Genius of James Madison, Federalist 51

“If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary.

In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.

A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions.”

Page 28: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation

Filtering Power in the USA• The Madisonian Model (Federalist #51): “…a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself.”

– Separation of powers: the legislative, executive, and judicial powers were to be independent of each other

– Checks and Balances: the 3 branches are able to prevent one another from becoming too powerful

–Federalism: power over people is divided between the federal and state governments

Page 29: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation
Page 30: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation

Preamble to the USA Constitution

- Brief introduction of the whole document

- Highlights the fundamental purposes & principles

- Shows intentions of Founding Fathers

Page 31: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation

Categories of Powers

• Delegated Powers: powers specifically assigned to the Federal Government. - also referred to as enumerated powers

Reserved Powers: all powers not specifically delegated the Federal Government are to be reserved or saved for the State Governments

• Concurrent Powers: powers are those that both the federal and state governments have simultaneously.

Page 32: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation

Categories of Powers• Implied Powers: powers that are NOT specifically delegated in the Constitution, but are understood to be necessary or allowed–The necessary and proper clause provides Congress the power "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers" (art. I, sec. 8). Examples include:– McCullough vs. Maryland 1819: federal banks ok?– Gibbons vs. Ogden 1824: regulate interstate transportation?

• Denied Powers: powers that are specifically NOT allowed to neither the federal or state governments–Habeas Corpus = –Bills of Attainder & Ex Post Facto Laws =

Page 33: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation

Federalism

Page 34: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation

Working Toward the Final Agreement (continued)

• Proposals that Congress select or elect the executive were eventually rejected

• Likewise, proposals for a plural executive were abandoned in favor of a single officer

• The creation of the Electoral College meant that the president was supposed to be insulated from direct popular control and from Congressional control

Page 35: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation

Major US Constitution Principles1. Popular sovereignty: “We the people” have the final say

2. Limited government: people allow what the govt. can do

3. Separation of powers: Power spread out in three distinct branches

4. Checks and balances: Each has the power to stop the other Keeps them from being too powerful

5. Judicial review: Courts job to make sure laws are correct & fair

6. Federalism: Some power is only for feds, some only for states and some power is shared

Page 36: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation

3 Branches of the US Government = 3 Headed Monster = Separation of Powers

Executive

Judicial Legislative

US Government

Page 37: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation

The Difficult Road to Ratifying the Constitution

The Quest for Nine States to Ratify…

Page 38: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation

Federalists vs. Anti-FederalistsFederalists: - Favored Constitution

- Madison, Jay, Hamilton

- Stressed weaknesses of the AOC need strong national govt. to protect nation & solve domestic problems

- Bill of Rights not needed

Anti-Federalists:- Opposed Constitution

- Henry, Mason, Sam Adams,

- Wanted strong state govt’s

- Wanted Bill of Rights to protect people from govt.

Page 39: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation

• The Anti-Federalists claimed the Constitution:– was written by aristocrats– did not guarantee any liberties to citizens– would weaken the powers of the states

• In the march to the finish, some states came through with strong majorities while others struggled or lagged – Nine states ratified, putting the Constitution

into effect, but until the populous Virginia and New York signed on, this ratification meant little

– The Federalist Papers were written

The Difficult Road to Ratification (contd)

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Page 41: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation
Page 42: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation

The Bill of Rights

Page 43: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation

The Bill of Rights• A Bill of Limits: the package was assembled

by Madison, who collected nearly 200 suggestions

• Originally, the B.O.R. included no explicit limits on state government powers

• The Bill of Rights was applicable only to the national government until the 14th Amendment incorporated some of these rights – Selective Incorporation: Through the Supreme

Court, nearly all of the rights in the B.O.R. have been incorporated at the state level

Page 44: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation

Federalist Paper # 84“.. that bills of rights, in the sense and in the extent in which they are contended for, are not only unnecessary in the proposed constitution, but would even be dangerous. They would contain various exceptions to powers which are not granted; and on this very account, would afford a colorable pretext to claim more than were granted.”

“For why declare that things shall not be done which there is no power to do? Why for instance, should it be said, that the liberty of the press shall not be restrained, when no power is given by which restrictions may be imposed?”

Page 45: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation

Anti-Federalist Argument…Patrick Henry

“…[W]ithout a Bill of Rights, you will exhibit the most absurd thing to mankind that ever the world saw a government [i.e. state governments] that has abandoned all its powers the powers of taxation, the sword, and the purse. You have disposed of them to Congress, without a Bill of Rights without check, limitation, or control... You have Bill of Rights to defend against a state government, which is bereaved of all its power, and yet you have none against Congress, thought in full and exclusive possession of all power!”

Page 46: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation

Altering the Constitution: The Formal & Informal Amendment

Process

Page 47: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation

Altering the Constitution: The Formal Amendment Process

• Every government must be able to cope with new and unforeseen problems

• However, any Constitutional change should be approached with extreme caution

• If the process to amend the Constitution is rigorous, ample time is needed to consider the merits of such a change

Page 48: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation
Page 49: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation

Altering the Constitution: (cont)• Many amendments proposed, few accepted

- although 11,000 amendments have been considered by Congress, only 33 have been submitted to the states after being approved- Of the 33 submitted to the states, only 27 have been ratified since 1789

• Limits on ratification - recent amendments have usually been accompanied by time limits for ratification– The Equal Rights Amendment couldn’t reach 38 state

ratification by June 30, 1982

Page 50: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation
Page 51: The United States Constitution. The 13 Colonies The Preface to the US Constitution's Creation

Informal Methods of Constitutional Change

• Congressional legislation• Presidential action • Judicial review• Interpretation, custom,

and usage