United States Constitution

Articles of Confederation – - Established after the Revolutionary War- Loose confederation of states – little/no central

gov’t power- Was not working: no incoming revenue; relied on

states to pay annual tax but few did and central gov’t had no power to enforce it

- Central gov’t unable to defend American interests – states held veto power over central gov’t decisions

- Commercial warfare between states – states became rivals with little economic growth

Republicanism: political doctrine advocating limited gov’t based on popular consent; protected against majority tyranny

- Felt public affairs should be left to “better” parts of society those with wisdom and experience i.e., social standing, substantial financial resources, high levels of ed.

- Elected officials should not be too responsive to public opinion; representatives should exercise independent judgment about how to best serve public needs

- Wanted some democratic principles, but far more limited than what we know today

Shay’s Rebellion – aimed at easing financial pressures on debt-ridden small farmers by closing state courts to prevent foreclosure hearings from taking place. This sort of lawlessness pushed American leaders to propose a constitutional convention

May 25, 1787 – constitutional convention in Philadelphia. Leaders in states selected delegates to attend; 55 attended

- Were leaders who were genuinely concerned about the instability and economic chaos of the confederation

- Also concerned about the rise of a democratic and equalitarian culture among common people

- Much conflict about the level of centralized government- debate over whether large or small states would wield the most power in the Legislative Branch

Virginia Plan – (James Madison) proposal by the large states to create a strong central gov’t with power in the gov’t apportioned to the states on the basis of populationNew Jersey Plan – proposal by the smaller states to create a gov’t based on equal representation of the states in a unicameral legislature

Great Compromise/Connecticut Compromise - compromise between Virginia and New Jersey Plans; - called for a lower legislative house based on population

size and an upper house based on equal representation of the states

Slavery - never mentioned in the Constitution - 3/5 of a state’s slave population to count in representation count (Article I, Section 2, PP3) - This gave power to slave states in Congress as well as in presidential elections - Continued until 1865 – 13th Amend - Also, forbade enactments against slave trade until 1808 (Art. I, Sec. 9) - And, required non-slave states to return runaway slaves to their owners (Art IV, Sec 2)

Limited Government

- Listed specific powers of national gov’t ; Article I Section 8- Specifically denied powers to the nat’l gov’t ; Article I Section 9- Limited what gov’t may legitimately do ; Bill of Rights

Checks on Majority Rule

- Only one branch directly elected (Leg)- President elected by Electoral College- Judges appointed by president; confirmed by president- Different election terms for presidents, senators and

representatives

Ratification- very heated debate on whether or not Constitution

should have unanimous consent of states (as stated in Art. Of Confed)

- framers stated would be ratified as outlined in Article VII – approval by 9 states

- battle for ratification

Federalists

- those who supported the Constitution- Hamilton, Adams, Madison: Wrote the Federalist Papers – series of essays supporting the ratification of the Constitution

- Anti-Federalists

- those who opposed the Constitution- Fear of centralized power; concerned about absence of Bill of

Rights- Federalists promised one at first meeting of Congress – aided

in ratification

- George Mason made a motion to add a ‘bill of rights’ - James Madison stated Constitution would be

amended.- 1789- USHOR convened first time; - Madison authored 12 amendments which were

sent to the Senate; - Senate reduced them to 10, which House

approved; both houses passed amendments with 2/3 vote sent to states for ratification (3/4 of states) Dec 15, 1791

- Initially thought to be restraint on national/federal gov’t;

- 1833 Barron vs Baltimore established not applied to state gov’ts.

- Confirmed in later USSC rulings. - 1868 14th amend. Ratified, which should apply

various rights in BOR to states.

Selective Incorporation - 1925- The process by which certain of the guarantees

expressed in the Bill of Rights become applicable to the states through the Fourteenth Amendment.

- USSC said some rights/freedoms in BOR no state could legally violate

Living Constitution - the tendency of constitutional rules to change with the times; three specific ways:

1. Formal amendment

– outlined in Article 5; - proposed by vote of 2/3 of both houses or

proposed by national constitutional convention requested by 2/3 of states;

- ratified by legislatures of ¾ of states or ratified by conventions called solely for that purpose in at least ¾ states;

- all amendments but 1 (21st – repealing Prohibition) have been proposed by Congress and ratified by state legislatures

2. Decisions and interpretations of Supreme Court- 1803 Marbury vs Madison – Court claimed power of

judicial review [power of Supreme Court to declare actions of other branches and levels of gov’t unconstitutional]

- Not specifically stated in Constitution, so many believe this action by the Court is illegitimate, but others say the Court must interpret in light of changing circumstances the Framers could not envision

3. Political practices - political parties- party primaries- nominating conventions- signing statements (a statement sometimes issued by

the president in connection with the signing of a bill from Congress that sets out the president’s understanding of the law and how executive branch officials should carry it out) [Defense Dept. Authorization Bill]