Chapter 2Chapter 2

ConstitutionConstitution

What is a ConstitutionWhat is a Constitution

Constitution: a document that describes three Constitution: a document that describes three basic components of an organization: Mission, basic components of an organization: Mission, foundational structure, and essential foundational structure, and essential processes.processes.

The United States Constitution was ratified The United States Constitution was ratified March 1789, thus the 13 colonies between one March 1789, thus the 13 colonies between one nation. nation.

The Mission of the Article of Confederation The Mission of the Article of Confederation carried over to the Constitution. carried over to the Constitution.

Mission of the ConstitutionMission of the Constitution

Government in US:Government in US: By the people and for the peopleBy the people and for the people Is democraticIs democratic Protects individual libertiesProtects individual liberties Guarantees citizens rights to participate in Gov.Guarantees citizens rights to participate in Gov. Allows citizens to elect government officials regularlyAllows citizens to elect government officials regularly Ensures court system will up hold the laws.Ensures court system will up hold the laws. Republic: a government that derives its authority Republic: a government that derives its authority

from the people and in which citizens elect from the people and in which citizens elect government officials to represent them in the process government officials to represent them in the process by which laws are made; a reprehensive democracy.by which laws are made; a reprehensive democracy.

Separation of PowersSeparation of Powers Separation of powers: taken from Baron de Separation of powers: taken from Baron de

Montesquieu Montesquieu spirit of the lawsspirit of the laws..

Article IArticle I

Bicameral: composed of two chambersBicameral: composed of two chambers

Describes structure of legislative branchDescribes structure of legislative branch

Outlines the chambers of house and senate.Outlines the chambers of house and senate.

The representation of the house is based on the The representation of the house is based on the population. 7 states only have 1 rep.population. 7 states only have 1 rep.

California has the largest at 53 reps.California has the largest at 53 reps.

Article IArticle I

Senate is set up to have 2 from each state only.Senate is set up to have 2 from each state only.

To pass a bill 50% plus one vote in both houses is To pass a bill 50% plus one vote in both houses is needed to make it a law.needed to make it a law.

Thus the House and Senate can check each other Thus the House and Senate can check each other by killing the bill.by killing the bill.

Another check that can occur is after it passes Another check that can occur is after it passes the two houses the president can reject it.the two houses the president can reject it.

Article IIArticle II

Describes the Authority of President. Describes the Authority of President.

It ensures that the president can execute It ensures that the president can execute the laws faithfully, appoint people to the laws faithfully, appoint people to assist, negotiate treaties, command assist, negotiate treaties, command military.military.

Also sets up checks and balances for the Also sets up checks and balances for the president to enact on the other two president to enact on the other two branches.branches.

Article IIArticle II

All bills passed by both houses have to All bills passed by both houses have to go to presidents desk.go to presidents desk.

10 day limit for pres. or it becomes 10 day limit for pres. or it becomes law automatically.law automatically.

Within 10 days the president can pass Within 10 days the president can pass it or veto it. That means rejected and it or veto it. That means rejected and sent back to congress with objections sent back to congress with objections noted.noted.

Congress can override the veto by 2/3 Congress can override the veto by 2/3 vote in both houses.vote in both houses.

Article IIArticle II

Senate has an extra check on pres. Senate has an extra check on pres. and it comes when President is making and it comes when President is making treaties.treaties.

Also advice and consent: the authority Also advice and consent: the authority to approve or reject presidents to approve or reject presidents appointments.appointments.

Ex: Supreme Court Judges and Cabinet Ex: Supreme Court Judges and Cabinet membersmembers

Article IIIArticle III

Establishes the Judicial Branch and more Establishes the Judicial Branch and more specifically the Supreme Court.specifically the Supreme Court.

This also establishes inferior courts.This also establishes inferior courts.

Marbury v. Madison: Court can decide if Marbury v. Madison: Court can decide if action by government is unconstitutional. action by government is unconstitutional. Thus it established judicial review.Thus it established judicial review.

Marbury vs. MadisonMarbury vs. Madison

The court struck down the a portion of The court struck down the a portion of the Judiciary Act of 1789 which gave the Judiciary Act of 1789 which gave the Supreme Court new authority which the Supreme Court new authority which was not specified in the Constitution.was not specified in the Constitution.

Thus through this case the Supreme Thus through this case the Supreme Court established a check and balance Court established a check and balance that can strike down anything from the that can strike down anything from the other two branches that they deem other two branches that they deem unconstitutional.unconstitutional.

The Federal SystemThe Federal System

The framers created a two tiered The framers created a two tiered system.system.

Article one specifies what powers the Article one specifies what powers the Federal government has over the Federal government has over the state. Ex: states cant make treaties.state. Ex: states cant make treaties.

The primary clause that separates The primary clause that separates the Fed. from the state is the tenth the Fed. from the state is the tenth amendment.amendment.

Essential processes of National Essential processes of National GovernmentGovernment

The Federal government left the The Federal government left the selection of its officials up to the state selection of its officials up to the state and the state could determine who can and the state could determine who can vote.vote.

Changes to voting :Changes to voting :1515thth amendment : Race and color don’t amendment : Race and color don’t

mattermatter1919thth amendment: Women can vote amendment: Women can vote2626thth amendment: 18 years old can vote amendment: 18 years old can vote24 amendment : No fee to pay to vote24 amendment : No fee to pay to vote

Selection of National Selection of National GovernmentGovernment

We the people elect our We the people elect our representatives.representatives.

When you vote for the president you When you vote for the president you are electing a slate of officials to are electing a slate of officials to make the selection for President/Vice make the selection for President/Vice President. This is known as the President. This is known as the Electoral College.Electoral College.

Article V:Article V:The Amendment ProcessThe Amendment Process

Step 1: 2/3 House and Senate ProposeStep 1: 2/3 House and Senate Propose Step 2: 3/4 states legislature vote for Step 2: 3/4 states legislature vote for

approvalapproval

OrOr

Step 1: 2/3 state legislature request special Step 1: 2/3 state legislature request special conventionconvention

Step 2: 3/4 Vote of special state Step 2: 3/4 Vote of special state conventionsconventions

Article VIIArticle VIIConstitutional RatificationConstitutional Ratification

Constitutional ratification required a Constitutional ratification required a special convention in nine of the special convention in nine of the thirteen original states.thirteen original states.

The states had to hold a special The states had to hold a special convention and select delegates to convention and select delegates to vote on the ratification, not vote on the ratification, not representatives of the government.representatives of the government.

Colonization and Governance of Colonization and Governance of AmericaAmerica

Colonist view themselves as loyal Colonist view themselves as loyal subjects of England but eventually subjects of England but eventually became upset with the shut out from became upset with the shut out from England and the taxes.England and the taxes.

In the 1600’s large groups of people In the 1600’s large groups of people came to America. came to America.

Those with close ties to the crown Those with close ties to the crown were rewarded with large sums of were rewarded with large sums of land to govern.land to govern.

Colonization and Governance of Colonization and Governance of AmericaAmerica

Most came over as indentured servants and Most came over as indentured servants and worked the land to pay off voyage debt.worked the land to pay off voyage debt.

Others came for religious reasons or were Others came for religious reasons or were forced such as the African slaves.forced such as the African slaves.

By the 1800’s a two tier government had By the 1800’s a two tier government had grown: One in England and one in the grown: One in England and one in the colonies.colonies.

Colonist government ran day to day things Colonist government ran day to day things and collect taxes for the king.and collect taxes for the king.

British gov. no representation for colonies in British gov. no representation for colonies in parliament and had to obey England's laws.parliament and had to obey England's laws.

British PolicyBritish Policy

Seven year war and French and Seven year war and French and Indian war caused England to raise Indian war caused England to raise taxes in the colonies to pay for the taxes in the colonies to pay for the debt.debt.

Sugar Act 1764: sent all money to Sugar Act 1764: sent all money to EnglandEngland

Stamp Act 1765: Taxed paper, Stamp Act 1765: Taxed paper, documents and even play cards. documents and even play cards. This effected daily life.This effected daily life.

British PolicyBritish Policy

Boycotts of British goods started to occur.Boycotts of British goods started to occur. Sam Adams: Boston Brewer led Sons of Sam Adams: Boston Brewer led Sons of

Liberty against Stamp Commissioners. Liberty against Stamp Commissioners. P.S Good P.S Good Beer!!Beer!!

Oct. 1765: “No Taxation without Oct. 1765: “No Taxation without Representation”Representation”

Quartering Act 1765: basic needs of Quartering Act 1765: basic needs of soliders.1766 House soldiers.soliders.1766 House soldiers.

Townshend Duties Act 1767: Expand export Townshend Duties Act 1767: Expand export tax and told colonist the crown can do what tax and told colonist the crown can do what ever it wants.ever it wants.

Boston Massacre and Tea Boston Massacre and Tea PartyParty

By 1770: 4,000 British troops lived in the homes of By 1770: 4,000 British troops lived in the homes of 16,000 civilians in Boston.16,000 civilians in Boston.

These troops took Bostonians jobs.These troops took Bostonians jobs.

Mob of 1,800 struggling colonist clashed with British Mob of 1,800 struggling colonist clashed with British soldiers, who shot and killed 5 and leaving 6 soldiers, who shot and killed 5 and leaving 6 wounded Bostonians.wounded Bostonians.

Samuel Adams, John Hancock, and Paul Revere spun Samuel Adams, John Hancock, and Paul Revere spun the story around and called it the Boston Massacre. the story around and called it the Boston Massacre. They said that the only way to get away from They said that the only way to get away from England was to end its relationship with her.England was to end its relationship with her.

Tea PartyTea Party

Adams continued to spread the idea of Adams continued to spread the idea of a rebellion against England with the a rebellion against England with the Committee of Correspondence in 1772.Committee of Correspondence in 1772.

1773 Tea Act: Gave East India Trade 1773 Tea Act: Gave East India Trade company a monopoly.company a monopoly.

Boston Tea party: Colonist dressed up Boston Tea party: Colonist dressed up like Mohawk Indians and dumped like Mohawk Indians and dumped thousands of pounds of tea into Boston thousands of pounds of tea into Boston Harbor. Harbor.

Resolute of the Tea PartyResolute of the Tea Party

Catalyst for not only conflict between Catalyst for not only conflict between England and the Colonies but also England and the Colonies but also between the Colonist.between the Colonist.

Coercive Acts( Intolerable Acts): Coercive Acts( Intolerable Acts): Closed the port of Boston until the Closed the port of Boston until the colonist repaid tea lost. It also colonist repaid tea lost. It also increased the Quartering Act and increased the Quartering Act and outlawed assembly of the colonist.outlawed assembly of the colonist.

Continental CongressContinental Congress

First Continental Congress 1775: A meeting of First Continental Congress 1775: A meeting of delegates from all the colonies. GA no show.delegates from all the colonies. GA no show.

They drafted demands to King George for They drafted demands to King George for right to petition and assemble.right to petition and assemble.

Second Continental Congress 1775: Meet to Second Continental Congress 1775: Meet to read the Kings response but before that could read the Kings response but before that could happen fighting broke out in Lexington and happen fighting broke out in Lexington and Concord. Concord.

SCC: decided to put George Washington in SCC: decided to put George Washington in charge of a military and told him to raise charge of a military and told him to raise Continental Army. Continental Army.

Declaration of IndependenceDeclaration of Independence

SCC: tried again in July 1775 to reason with SCC: tried again in July 1775 to reason with the King but he sent more troops instead. the King but he sent more troops instead.

People unsure about cutting ties w/ England. People unsure about cutting ties w/ England. Common Sense Common Sense was published.was published.

May 1776: Declaration of Independence was May 1776: Declaration of Independence was thought of and by July 4, 1776 it was finalized thought of and by July 4, 1776 it was finalized and unanimously voted on.and unanimously voted on.

Jefferson wrote the doc. off the ideas of Locke Jefferson wrote the doc. off the ideas of Locke and Rousseau. See table 2.1 on pg 53and Rousseau. See table 2.1 on pg 53

Declaration of IndependenceDeclaration of Independence

This document created two things: This document created two things: described the demands against the described the demands against the crown and united hatred towards the crown and united hatred towards the crown.crown.

1777 war raged on and the SCC meet 1777 war raged on and the SCC meet to create and unite the states under to create and unite the states under Articles of Confederation.Articles of Confederation.

State ConstitutionsState Constitutions

Similar to the U.S. Constitution.Similar to the U.S. Constitution.Establish Mission Statement for state Establish Mission Statement for state

to followto follow3 branches of Government3 branches of GovernmentChecks and BalancesChecks and BalancesBill of RightsBill of RightsUsed to run day to day operations of Used to run day to day operations of

the state.the state.

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

SCC borrowed the Iroquois League of SCC borrowed the Iroquois League of government as the base for the first four government as the base for the first four Articles.Articles.

This allowed reps. from the tribe to be a This allowed reps. from the tribe to be a council and these reps. had limited power.council and these reps. had limited power.

Confederation: A national government Confederation: A national government composed of a league of independent composed of a league of independent states and in which a central gov. has less states and in which a central gov. has less power than the states.power than the states.

Also allowed nation gov. to make treaties Also allowed nation gov. to make treaties with other nations.with other nations.

Structure of ArticlesStructure of Articles

Under the Articles federal gov. was Under the Articles federal gov. was unicameral meaning one house and every unicameral meaning one house and every state had two – seven delegates but one state had two – seven delegates but one vote as a body.vote as a body.

Each state determined its own delegates.Each state determined its own delegates. To approve policies or treaties nine votes To approve policies or treaties nine votes

were needed.were needed. Articles did not create a judicial or Articles did not create a judicial or

executive branch.executive branch. Amending the articles required all thirteen Amending the articles required all thirteen

colonies to approve.colonies to approve.

Weaknesses of the Weaknesses of the ConfederationConfederation

States controlled commerce: nations States controlled commerce: nations would not trade.would not trade.

Each state taxed other states for goods Each state taxed other states for goods coming in.coming in.

Each state had their own money.Each state had their own money.

This hurt the economy.This hurt the economy.

Weaknesses Cont.Weaknesses Cont.

This all came to a head when Farmers that This all came to a head when Farmers that fought in the Revolution could not pay their fought in the Revolution could not pay their debt for their land and were going to loose it.debt for their land and were going to loose it.

Daniel Shay led a rebellion and broke into Daniel Shay led a rebellion and broke into county court houses and burned all the county court houses and burned all the records of debt. Then tried to take over a records of debt. Then tried to take over a federal arsenal. Massachusetts asked for federal arsenal. Massachusetts asked for money to raise a militia to put rebellion down. money to raise a militia to put rebellion down.

Crafting ConstitutionCrafting Constitution

Constitutional Convention 1787.Constitutional Convention 1787. 80% of members were on from Continental 80% of members were on from Continental

Congress. Congress. One major concern was the economy. The One major concern was the economy. The

others were power to central gov., insure others were power to central gov., insure rep. democracy, and slavery.rep. democracy, and slavery.

South feared North would abolition slavery South feared North would abolition slavery or dilute Southern power.or dilute Southern power.

North feared gov. more taxes on industry North feared gov. more taxes on industry bc they were on cusp of Industrial Rev.bc they were on cusp of Industrial Rev.

Virginia PlanVirginia Plan

Virginia Plan: bicameral leg., chief Virginia Plan: bicameral leg., chief executive, separate national judiciary.executive, separate national judiciary.

Favored large population states, and Favored large population states, and based rep. off of population. Lower based rep. off of population. Lower house would be elected by popular vote house would be elected by popular vote and upper house elected by lower and upper house elected by lower house.house.

Separation of powersSeparation of powers Individual rights and liberties protected.Individual rights and liberties protected.

New Jersey PlanNew Jersey Plan

Reworked Articles of Confederation.Reworked Articles of Confederation.

Unicameral leg.Unicameral leg.

All states would have equal All states would have equal representation.representation.

Smaller states would be equal and rep not Smaller states would be equal and rep not based on population.based on population.

Connecticut Compromise (a.k.a Connecticut Compromise (a.k.a The Great Compromise)The Great Compromise)

Took parts from both plans and combined Took parts from both plans and combined them.them.

BicameralBicameral House Rep. in congress based on populationHouse Rep. in congress based on population Senate equal for each state, but chose by Senate equal for each state, but chose by

House of Rep. (2 per state).House of Rep. (2 per state). Head ExecutiveHead Executive Individual rights protected: later added Bill Individual rights protected: later added Bill

of Rights.of Rights.

Checks on Reprehensive Checks on Reprehensive GovernmentGovernment

Senate was elected by House of Reps. Senate was elected by House of Reps. 1913 changed by 171913 changed by 17thth amendment amendment

Electoral College elected President and Electoral College elected President and VPVP

Limited voting rights. Limited voting rights. Biggest sticking point was national Biggest sticking point was national

legislature took 2 months to decidelegislature took 2 months to decideThe rest of the issues only took a The rest of the issues only took a

month.month.

Slavery IssueSlavery Issue

1790: slaves made up 20% of population and most of 1790: slaves made up 20% of population and most of them resided in the south.them resided in the south.

South feared a strong central gov. would threaten South feared a strong central gov. would threaten slavery. They would not budge on a strong central gov.slavery. They would not budge on a strong central gov.

North feared a weak national gov. bc it would effect North feared a weak national gov. bc it would effect trade, thus wanted strong central like under Articles.trade, thus wanted strong central like under Articles.

For the North to get what they wanted they compromised For the North to get what they wanted they compromised the issue of slavery.the issue of slavery.

Article I section 9 postponed the debate on slavery thus Article I section 9 postponed the debate on slavery thus making it legal still.making it legal still.

Article IV made sure that slaves were returned to their Article IV made sure that slaves were returned to their owner and made sure people insured that slaves were owner and made sure people insured that slaves were property of slave holder.property of slave holder.

Three Fifths CompromiseThree Fifths Compromise

Article I section 2 established a Article I section 2 established a formula for counting slaves for the formula for counting slaves for the purpose of population for the House of purpose of population for the House of Reps and taxes.Reps and taxes.

Each slave counted as 3/5 of a free Each slave counted as 3/5 of a free man.man.

South had more rep. in government South had more rep. in government than Norththan North

North paid less taxes than the SouthNorth paid less taxes than the South

Finalization of ConstitutionFinalization of Constitution Now all issues were either agreed upon or Now all issues were either agreed upon or

set aside for another timeset aside for another time The Constitution focused on what the The Constitution focused on what the

Government promised in the Declaration of Government promised in the Declaration of Independence for a select group of people. Independence for a select group of people. Also Life, Liberty, and Property protected.Also Life, Liberty, and Property protected.

To insure these were for White property To insure these were for White property owning men, two arrangements were put owning men, two arrangements were put into placeinto place

11st:st: Separation of powers and checks and Separation of powers and checks and balances .balances .

22ndnd: Federal system in which national and : Federal system in which national and state govs. had distinct ultimate authorities. state govs. had distinct ultimate authorities.

Federalist vs. Anti-FederalistFederalist vs. Anti-Federalist

39 delegates signed Constitution on 39 delegates signed Constitution on Sept 17,1787 and published it in the Sept 17,1787 and published it in the newspapers two days later.newspapers two days later.

Opponents started to give speeches Opponents started to give speeches and write letters against it.and write letters against it.

Federalist: favored the documentFederalist: favored the documentAnti-Federalist: opposed it bc it gave Anti-Federalist: opposed it bc it gave

national gov. too much power.national gov. too much power.

Federalist PapersFederalist Papers

To explain their view on the Constitution To explain their view on the Constitution and to try to help quell fears by the Anti-and to try to help quell fears by the Anti-Federalist; Madison, Hamilton, and Jay Federalist; Madison, Hamilton, and Jay wrote the wrote the Federalist Papers.Federalist Papers.

Key Papers are No.9: Firm Union will keep Key Papers are No.9: Firm Union will keep the peace in states.the peace in states.

No. 51: explains separation of powers and No. 51: explains separation of powers and checks and balances.checks and balances.

No.10: reassuring majority heard by No.10: reassuring majority heard by Representation.Representation.

No.84: People gain all the power and No.84: People gain all the power and liberties and give nothing away.liberties and give nothing away.

Anti-Federalist OppositionAnti-Federalist Opposition Two key players Thomas Jefferson and Mercy Two key players Thomas Jefferson and Mercy

Warren author of Warren author of Anti-Federalist papersAnti-Federalist papers.. Anti Feds argued that a list of individual Anti Feds argued that a list of individual

freedoms was need so the government could freedoms was need so the government could not over step its bound like England did.not over step its bound like England did.

People feared w/o list of freedoms the People feared w/o list of freedoms the National government would have more National government would have more power than state government and over step power than state government and over step its bounds.its bounds.

Plus all 13 states were needed to ratify Plus all 13 states were needed to ratify constitution and MA, SC, NH, and MD were constitution and MA, SC, NH, and MD were holding out because of no individual right holding out because of no individual right protection.protection.

Bill of RightsBill of Rights

In the first session of Congress on March 1789 In the first session of Congress on March 1789 James Madison introduced the Bill of Rights. James Madison introduced the Bill of Rights.

All 12 amendments were made to reflect public All 12 amendments were made to reflect public concern on limiting gov. power on individual concern on limiting gov. power on individual freedoms and to preserve state authority.freedoms and to preserve state authority.

All 12 were passed by congress and all the All 12 were passed by congress and all the states ratified 10 of 12 by 1791. Thus the Bill of states ratified 10 of 12 by 1791. Thus the Bill of Rights was born and added to the Constitution.Rights was born and added to the Constitution.

Formal Amendment of Formal Amendment of ConstitutionConstitution

Every term Congress introduces 100-Every term Congress introduces 100-200 proposals for new amendments.200 proposals for new amendments.

Amendments have tend to fit into 3 Amendments have tend to fit into 3 categories:categories:

1. extending civil liberties1. extending civil liberties2. alter branches of government2. alter branches of government3. deal with policy issue3. deal with policy issue

Brown vs. Board of Ed. Topeka Brown vs. Board of Ed. Topeka KansasKansas

Supreme court declared segregation Supreme court declared segregation of schools unconstitutional and it of schools unconstitutional and it went against the fourteenth went against the fourteenth amendment.amendment.

This is an example of extending civil This is an example of extending civil liberties.liberties.