Origin & Development of The US Constitution

Module 1.5: The Constitution of 1787

Purposes

We, the People of the United States, in order to • Form a more Perfect Union• Establish Justice• Ensure Domestic Tranquility• Provide for the Common Defense• Promote the General Welfare, and• Secure the Blessings of Liberty

– To ourselves, and– Our posterity

Do ordain and establish this Constitution for the United States of America

The Public Sector Problem

• Government tends to coalesce into one body• Governments necessarily wield power• Those who hold power are invariably led to abuse it (from

Montesquieu)• Governments tend to emerge as a single faction, destroying

liberty in the name of preserving it

The Solution?

• Build upon factions that already exist in the United States

• Establish a multiplicity of faction where it would not otherwise form

• Set government and governments in tension with one another

• Institutionalize political power in separate potentially factious bodies

• Ensure regular pressure from interests outside government

The Solution• Federalism

– several governments share and exert power over citizens

– Distinct sources of representation among elected officials

• The regular distribution of power into distinct departments (separation of powers)

– Legislative Power (The Purse)– Executive Power (The Sword)– Judicial Power (The Scale)

• Legislative balances and checks– where the power to add or modify

public acts depends on at least two legislative bodies with equal power to overwhelm the other

• A separate body charged with the resolution of disputes

Citizens CitizensCitizens

State CState BState A

Central Government

Making Law

Enf

orci

ng L

aw

Resolving D

isputes

Chamber #1 Chamber #2

Law

“The Great Compromise”• Legislative Power (Article 1 section 1-7)

– Bicameral legislature of co-equal houses• House of Representatives

– Chosen by apportioned districts– Two-year terms

• Senate– 2 members per state– Chosen by state legislatures– Overlapping 6-year terms

• Executive Power (Article 2)– Unitary Executive

• President– Chosen by electors in states– Electors chosen according to state legislatures’ direction– Four-year term

• Other officers– Established by legislative power– Appointed in such manner as the legislature may direct

• Judicial Power (Article 3)– Federal Court system

• One supreme court• Inferior courts established by the legislature• Appointed by executive, approved by the Senate• Serve ‘during good behavior”

– State Court system• Determined by state legislatures

StatesPeople

Executive

Judiciary

HR Senate

Electors

General Plan of the US Constitution

• Article 1– The Legislative Branch

• Structure• Function• Enumerated Powers

– Express powers– Implied powers

• Limits– Against Congress– Against States

• Article 2– The Executive Branch

• Mode of election• Powers• Duties• Mode of removal

• Article 3– The Judicial Branch

• Structure• Jurisdiction• Definition of Treason

– Congressional power in treason cases– Congressional limits in treason cases

General Plan of the US Constitution

• Article 4– Horizontal Federalism– Admission of New States– Republic guarantee

• Article 5– Mode of Amendment

• Four acceptable methods

• Article 6– Vertical Federalism

• Federal debt burden• Constitutional/Federal Supremacy • Binding of Officers to Constitution

• Article 7– Terms of ratification

State A

Federal Gov’t

State CState B