The Road to the The Road to the ConstitutionConstitution

CivicsCivics

Colonial BackgroundColonial Background

1607 Eng. Govt. sent a group of 1607 Eng. Govt. sent a group of farmers to establish a trading post , farmers to establish a trading post , called Jamestown, now VAcalled Jamestown, now VA

The Virginia company was the first to The Virginia company was the first to establish a permanent colony in the establish a permanent colony in the AmericasAmericas

The King gave the backers of the The King gave the backers of the colony a charter granting them “full colony a charter granting them “full power and authority” to make laws.power and authority” to make laws.

JamestownJamestown

The colonists created representative The colonists created representative assembly – a leg. made up of individuals assembly – a leg. made up of individuals who represent the populationwho represent the population

Many died 105 who landed 67 died in Many died 105 who landed 67 died in first year first year

800 new arrivals came in 1609 by 800 new arrivals came in 1609 by spring of 1610 numbers cut to 60. of spring of 1610 numbers cut to 60. of 6000 who came from 1607-1623 about 6000 who came from 1607-1623 about 4,800 died- 4,800 died-

Separatists / the Mayflower Separatists / the Mayflower Compact Compact

1620 first New England colonists landed at 1620 first New England colonists landed at Plymouth ( Massachusetts)Plymouth ( Massachusetts)

Made up of a group of extreme separatistsMade up of a group of extreme separatists

who wanted to break with Anglican Churchwho wanted to break with Anglican Church Before going on shore they ( adult males) Before going on shore they ( adult males)

(Women still did all the work but had no (Women still did all the work but had no political rights) drew up the Mayflower political rights) drew up the Mayflower Compact signed by 41 of 44 men Nov. 21, Compact signed by 41 of 44 men Nov. 21, 1620 1620

Why the Compact Why the Compact

The group was outside the jurisdiction of The group was outside the jurisdiction of the VA. Co. of London which chartered in the VA. Co. of London which chartered in VA not Massachusetts. VA not Massachusetts.

Separatist leaders thought that some Separatist leaders thought that some passengers might think they did not have passengers might think they did not have to follow obligations of civil obedience to follow obligations of civil obedience

So some public authority had to be So some public authority had to be established – rumors and mutinous established – rumors and mutinous speeches on the ships speeches on the ships

What was the Compact What was the Compact

Not a constitutionNot a constitution Was a political statement Was a political statement

Signers agreed to create and submit to Signers agreed to create and submit to the authority of govt. pending receipt of the authority of govt. pending receipt of a royal chartera royal charter

Why is the Compact Why is the Compact Significant?Significant?

Historical and political significance Historical and political significance It depended on the consent of the It depended on the consent of the

affected individuals affected individuals It also served as the prototype for It also served as the prototype for

similar compacts in American History similar compacts in American History Proved they wanted to live under Proved they wanted to live under

rule of law based on consent of the rule of law based on consent of the people people

More Colonies More Colonies

Then in 1630 the Mass. Bay Colony was Then in 1630 the Mass. Bay Colony was set up set up

Then Rhode Island, Connecticut, New Then Rhode Island, Connecticut, New Hampshire , and others the last in 1732 of Hampshire , and others the last in 1732 of the original 13 was Georgiathe original 13 was Georgia

Used limited govt, London governed the Used limited govt, London governed the colonies , they did have large measure of colonies , they did have large measure of self-govt. self-govt.

A lot of colonial laws foreshadowed the A lot of colonial laws foreshadowed the CoConstitution and Bill of Rights nstitution and Bill of Rights

Colonial Conflict Colonial Conflict

Began in 1760’s when G.B. decided Began in 1760’s when G.B. decided to raise revenues by imposing taxes to raise revenues by imposing taxes on Am. Colonieson Am. Colonies

Advisors to King George III ( 1760) Advisors to King George III ( 1760) convinced him that it made sense to convinced him that it made sense to tax the colonies to pay for defending tax the colonies to pay for defending them in French and Indian War them in French and Indian War (1756-1763)(1756-1763)

No taxation without No taxation without representation!!!representation!!!

In 1764 British parliament passed the In 1764 British parliament passed the Sugar Act Sugar Act Colonists unwilling to pay it Colonists unwilling to pay it 1765 passed the Stamp Act providing 1765 passed the Stamp Act providing

for internal taxation – taxation without for internal taxation – taxation without representation representation

Created the Stamp Act Congress (1765) Created the Stamp Act Congress (1765) Colonists boycotted the purchase of English Colonists boycotted the purchase of English

commodities commodities

No Taxation without No Taxation without Representation!!!! Representation!!!!

Continued to impose taxes on glass, Continued to impose taxes on glass, lead, paint, and other items in 1767 lead, paint, and other items in 1767

- They boycotted again- They boycotted again The colonists fury over taxation The colonists fury over taxation

climaxed in Boston Tea Party climaxed in Boston Tea Party

colonists dressed as Mohawk Indians colonists dressed as Mohawk Indians dumped 350 chests of tea into Boston dumped 350 chests of tea into Boston Harbor Harbor

British response British response

In response to Tea Party in 1774 In response to Tea Party in 1774 Parliament passed the Intolerable Parliament passed the Intolerable Acts Acts Closed the Boston Harbor Closed the Boston Harbor Placed Massachusetts under direct Placed Massachusetts under direct

British control British control Colonists outraged Colonists outraged

The First Continental CongressThe First Continental CongressSept. 5 , 1774Sept. 5 , 1774

Created due to passage of Intolerable acts Created due to passage of Intolerable acts Caused colonists to send delegates to a Caused colonists to send delegates to a

meeting to discuss matters and make meeting to discuss matters and make plans for actionplans for action

Only 12 sent delegates Georgia did not Only 12 sent delegates Georgia did not attend until 1775attend until 1775

Little talk of independence Little talk of independence Delegates passed resolution to send Delegates passed resolution to send

delegation to petition King George III delegation to petition King George III expressing their grievances expressing their grievances

First Continental CongressFirst Continental Congress

Also passed resolutions to require Also passed resolutions to require colonies to raise their own troops and colonies to raise their own troops and boycott British trade boycott British trade

They also declared that a committee They also declared that a committee be created in every county and city be created in every county and city that would spy and report to the press that would spy and report to the press anyone not participating in the boycott anyone not participating in the boycott

Cooperation which was a step to Cooperation which was a step to forming national govt.forming national govt.

Response of Crown to Response of Crown to CongressCongress

King George III and the British govt. King George III and the British govt. condemned the actions of the condemned the actions of the Congress and treated them as open Congress and treated them as open acts of rebellionacts of rebellion

22ndnd Continental Congress Continental Congress

In May of 1775 a new congress met but In May of 1775 a new congress met but by now the Revolution had begun by now the Revolution had begun

Notable newcomers attended including Notable newcomers attended including Ben Franklin and John Hancock who was Ben Franklin and John Hancock who was selected as president selected as president

They organized a govt. an established They organized a govt. an established an army led by George Washington who an army led by George Washington who was elected as commander in chiefwas elected as commander in chief

First govt. until Articles of ConfederationFirst govt. until Articles of Confederation

22ndnd Continental Congress Continental Congress

Lasted from the signing of the Lasted from the signing of the Declaration to March 1, 1781 – Articles Declaration to March 1, 1781 – Articles

The Congress was unicameral- 1 house The Congress was unicameral- 1 house Exercising both legislative and Exercising both legislative and

executive powers executive powers Each colony had one vote Each colony had one vote Executive functions were handled by a Executive functions were handled by a

committee of delegates committee of delegates

Public reactionPublic reaction

Thomas Paine’s, Thomas Paine’s, Common Sense , Common Sense , pamphlet appeared on Philadelphia pamphlet appeared on Philadelphia bookstores and became a best seller bookstores and became a best seller basically saying that they needed to basically saying that they needed to form a constitution of their ownform a constitution of their own

Second Continental CongressSecond Continental Congress

On April 6 , they voted for free trade at all On April 6 , they voted for free trade at all Am. Ports with all countries but BritainAm. Ports with all countries but Britain

Interpreted as declaration of Interpreted as declaration of independenceindependence

The next month the Congress suggested The next month the Congress suggested that each of the colonies establish state that each of the colonies establish state governments unconnected to Britaingovernments unconnected to Britain

Then on July 2, the Resolution of Then on July 2, the Resolution of Independence was adopted Independence was adopted

Declaration Declaration of Independence July 4, 1776of Independence July 4, 1776

Mostly written by Thomas Jefferson but also Adams, Mostly written by Thomas Jefferson but also Adams, Franklin, Roger Sherman, and Robert Livingston ) Franklin, Roger Sherman, and Robert Livingston )

Inspired by Locke, Rousseau and MontesquieuInspired by Locke, Rousseau and Montesquieu Natural Rights as they relate to life, liberty and Natural Rights as they relate to life, liberty and

propertyproperty The consent of the governedThe consent of the governed Limited governmentLimited government

D of I opens with Jefferson invoking Locke D of I opens with Jefferson invoking Locke philosophy… “Life, liberty, pursuit of happiness” philosophy… “Life, liberty, pursuit of happiness”

Jefferson continues by listing grievances against Jefferson continues by listing grievances against George III for violating inalienable rightsGeorge III for violating inalienable rights

I do declare I do declare

Jefferson had to take out a phrase Jefferson had to take out a phrase about condemnation of slave trade to about condemnation of slave trade to gain acceptance of the Georgia and gain acceptance of the Georgia and North Carolina North Carolina

July 19 became unanimous July 19 became unanimous declaration of 13 colonies declaration of 13 colonies

Aug. 2, signed by the members of Aug. 2, signed by the members of the 2the 2ndnd Continental Congress Continental Congress

Philosophical Basis Philosophical Basis

The use of Locke’s “unalienable rights” The use of Locke’s “unalienable rights” reveals influence from reveals influence from Two Treatises on Two Treatises on Govt. ( 1690) is cornerstone to natural Govt. ( 1690) is cornerstone to natural rights rights

Locke argued all people had right to life , Locke argued all people had right to life , liberty, and property and govt. had to liberty, and property and govt. had to protect those rights protect those rights

Govt. est. by the people through social Govt. est. by the people through social contract – form a govt. and abide by rules contract – form a govt. and abide by rules

Like Mayflower Compact – not new Like Mayflower Compact – not new

Philosophical Basis Philosophical Basis

In citing “pursuit of happiness “ In citing “pursuit of happiness “ instead of property T.J. went even instead of property T.J. went even further than Lockefurther than Locke

Mostly it lists what He, King George Mostly it lists what He, King George III did to the colonists III did to the colonists

The GrievancesThe Grievances Case against G.B. Case against G.B. No taxation without representationNo taxation without representation Unjust trialsUnjust trials Quartering of British soldiersQuartering of British soldiers Abolition of colonial assembliesAbolition of colonial assemblies Policy of mercantilism ( the belief that to Policy of mercantilism ( the belief that to

become wealthy and powerful a govt. had become wealthy and powerful a govt. had to accumulate gold and sliver – export to accumulate gold and sliver – export more than they import- have raw more than they import- have raw materials – need for colonies)materials – need for colonies)

Statement of SeparationStatement of Separation

Jefferson said the colonists had no Jefferson said the colonists had no choice but to revoltchoice but to revolt

England had a superior navy and England had a superior navy and resources to support a war resources to support a war

But colonists had knowledge of the But colonists had knowledge of the land, leadership and the desire to be land, leadership and the desire to be freefree

Goals of the FoundersGoals of the Founders

Create a government based on idea Create a government based on idea of consent of the governedof consent of the governed

State government s – urged to adopt State government s – urged to adopt their own constitutions their own constitutions

Most granted same rights as they had under Most granted same rights as they had under British ruleBritish rule

They varied widely in detail They varied widely in detail All of them gave little power to the governor All of them gave little power to the governor Political authority given to legislature and Political authority given to legislature and

short elective termsshort elective terms

Goals of the FoundersGoals of the Founders

Power was not centralized – could Power was not centralized – could and would not have a kingand would not have a king

Even though they said “ all men were Even though they said “ all men were equal” this was only meant to apply equal” this was only meant to apply to white mento white men Property as an indicator of wealth and Property as an indicator of wealth and

status was also a requirement for status was also a requirement for political officepolitical office

Articles of ConfederationArticles of Confederation

Was drafted in June 1776 by the Was drafted in June 1776 by the Second Continental CongressSecond Continental Congress

Final form made by Nov. 15, 1777Final form made by Nov. 15, 1777 March 1 1781 did the last state MD. March 1 1781 did the last state MD.

Ratify it ( implemented before this)Ratify it ( implemented before this) First govt. of the U.S. First govt. of the U.S. Relied on states to make decisions Relied on states to make decisions

that would ultimately determine that would ultimately determine whether a new nation would survivewhether a new nation would survive

A of C: 2 levels of govt.A of C: 2 levels of govt.

Weak national governmentWeak national government One-house ( unicameral) CongressOne-house ( unicameral) Congress Could declare war , make peace, sign treaties Could declare war , make peace, sign treaties Could borrow money but no power to taxCould borrow money but no power to tax

the states the states There was a national army and navy, no There was a national army and navy, no

power to draft soldierspower to draft soldiers No chief executive or national courtNo chief executive or national court Legislation had to have 2/3 majority to passLegislation had to have 2/3 majority to pass Amendments had to be unanimous Amendments had to be unanimous

Features of New State Features of New State governmentsgovernments

Popular Sovereignty- states existed by Popular Sovereignty- states existed by consent of the governed , people who hold consent of the governed , people who hold the power and the people are sovereignthe power and the people are sovereign

Limited govt. - the power of the State’s Limited govt. - the power of the State’s government was restricted government was restricted

Civil Rights and liberties- each state Civil Rights and liberties- each state clearly announced the rights of its citizensclearly announced the rights of its citizens

7 of the new contained a form of “ bill of 7 of the new contained a form of “ bill of rights rights

Features of New State govt. Features of New State govt.

Separation of power and Checks and Separation of power and Checks and Balances – each state govt. Balances – each state govt. organized with independent organized with independent branches of govt. branches of govt.

A of C: Dominate State govts. A of C: Dominate State govts.

State govt. had to be dominant State govt. had to be dominant Created their own currencyCreated their own currency Refused to amend the Articles Refused to amend the Articles Refused to recognize treaties made Refused to recognize treaties made

by national governmentby national government Imposed tariffs on each other Imposed tariffs on each other

What was in the Articles What was in the Articles

Formed a govt. of the states called Formed a govt. of the states called the Congress of the Confederationthe Congress of the Confederation

Established a “firm league of Established a “firm league of friendship “ among the states that friendship “ among the states that came together “ for the common came together “ for the common defense and securtiy of liberty and defense and securtiy of liberty and their mutual and general welfare their mutual and general welfare

Most power rested with states Most power rested with states

Govt. under articles was unicameralGovt. under articles was unicameral No executive or judiciary No executive or judiciary Delegates chose annually – as Delegates chose annually – as

determined by states determined by states Executive and judiciary handled by Executive and judiciary handled by

committee of Congress committee of Congress Congress chose one of its members as Congress chose one of its members as

“president” but not of U.S. this would be “president” but not of U.S. this would be done annuallydone annually

A of C : Govt. Structure A of C : Govt. Structure

Powers of Congress Powers of Congress

Most powers related to common Most powers related to common defense and foreign affairs defense and foreign affairs

Under the A of C Congress had the Under the A of C Congress had the power to maintain an army and a power to maintain an army and a navynavy

State Obligations State Obligations The States agreed to accept several The States agreed to accept several

obligations to the central govt. obligations to the central govt. They retained many powers of govt. They retained many powers of govt.

for themselves for themselves Required to give full faith credit and Required to give full faith credit and

generally accept horizontal federalism generally accept horizontal federalism ( allocation of power among co-equal ( allocation of power among co-equal statesstates

States retained powers not given to States retained powers not given to Congress Congress

Who had power in states Who had power in states

Power began to shift to farmers and Power began to shift to farmers and craft workers in the states who craft workers in the states who emerged as the middle classemerged as the middle class

Small farmers began to dominate Small farmers began to dominate state politics state politics

Led to opposing political parties Led to opposing political parties ( Federalists and Anti-Federalists) ( Federalists and Anti-Federalists)

Trying to fix the A of C Trying to fix the A of C

Efforts to correct problems informal Efforts to correct problems informal at first at first

Like conferences to deal with Like conferences to deal with commerce disagreements between commerce disagreements between states states

One was in Annapolis was poorly One was in Annapolis was poorly attended and led to a call for a attended and led to a call for a Philadelphia ConventionPhiladelphia Convention

Shays’ Rebellion-Aug. 1786Shays’ Rebellion-Aug. 1786

Farmers returning from Rev. War faced with Farmers returning from Rev. War faced with extremely high taxes for which they had no extremely high taxes for which they had no money – severe depression and fields were money – severe depression and fields were fallowfallow

Farms were foreclosed upon also govt. owed Farms were foreclosed upon also govt. owed them back pay for military service in Rev. them back pay for military service in Rev.

Daniel Shays led a group of farmers to take over Daniel Shays led a group of farmers to take over the Massachusetts State Armory and interrupt the Massachusetts State Armory and interrupt trials of debtors in Springfield Massachusetts trials of debtors in Springfield Massachusetts

Revolt succeeded in pointing out weaknesses of Revolt succeeded in pointing out weaknesses of the new govt. the new govt.

Shay’s RebellionShay’s Rebellion

Jefferson did sympathize with them Jefferson did sympathize with them However the governor of Mass. However the governor of Mass.

Called on Congress to put down Called on Congress to put down rebellion but there was no army so rebellion but there was no army so he was able to raise enough money he was able to raise enough money to raise a militiato raise a militia

Shay’s RebellionShay’s Rebellion

Showed central govt . Could not protect Showed central govt . Could not protect citizens from armed rebellion or provide for the citizens from armed rebellion or provide for the public welfare public welfare

Pointed out that Congress and the army were Pointed out that Congress and the army were weak and mob action was increasing weak and mob action was increasing

At Virginia’s urging five states met at the At Virginia’s urging five states met at the Annapolis Convention in late 1786 to address Annapolis Convention in late 1786 to address crisis it was inconclusive crisis it was inconclusive

They recommended to have a constitutional They recommended to have a constitutional convention of all the states to be held following convention of all the states to be held following spring in Philadelphia to amend A of Fspring in Philadelphia to amend A of F

Weaknesses under A of CWeaknesses under A of C

Govt. lacked the power to levy taxes Govt. lacked the power to levy taxes Could not regulate trade between statesCould not regulate trade between states No power to make the states obey A of CNo power to make the states obey A of C Could only exercise powers with the Could only exercise powers with the

consent of 9 of the 11 state delegationsconsent of 9 of the 11 state delegations No amendments added because it had to No amendments added because it had to

be unanimous among 13 states be unanimous among 13 states

Successes Successes

During 8 years of existence state’s During 8 years of existence state’s claims to western lands Settled claims to western lands Settled

Maryland had objected to land claims Maryland had objected to land claims by Carolinas, Conn., Georgia, Mass, by Carolinas, Conn., Georgia, Mass, N.Y. and Virginia until they gave land N.Y. and Virginia until they gave land claims up to U.S. as a whole only did claims up to U.S. as a whole only did MD. Ratify the A of CMD. Ratify the A of C

Successes under A of CSuccesses under A of C

Northwest Ordinance of 1787 Northwest Ordinance of 1787 established a pattern of government established a pattern of government for new territories north of the Ohio for new territories north of the Ohio River River

First pooling of resources by the Am. First pooling of resources by the Am. States States

The Philadelphia ConventionThe Philadelphia Convention

The delegates ignored the delegates The delegates ignored the delegates request to amend A of F and decided request to amend A of F and decided to draft a new plan of govt. to draft a new plan of govt.

With the exception of Rhode Island With the exception of Rhode Island the rest of the states sent 55 the rest of the states sent 55 delegates to the Convention in 1789delegates to the Convention in 1789

Philadelphia: Constitutional Philadelphia: Constitutional ConventionConvention

Make up of delegationMake up of delegation All men, all whiteAll men, all white Average age -42 (Ben was oldest at 81) youngest 26Average age -42 (Ben was oldest at 81) youngest 26 Most had important roles in RevolutionMost had important roles in Revolution Most served in state legislature ( 7 former governors)Most served in state legislature ( 7 former governors) Most were of moderate means , some wealthy Most were of moderate means , some wealthy None were poorNone were poor Some attended college (31)Some attended college (31) Many were merchants, 33 lawyers, farmers & Many were merchants, 33 lawyers, farmers &

bankersbankers 7 plantation owners, 8 business leaders 7 plantation owners, 8 business leaders

Founders and their beliefs Founders and their beliefs

Original intent was to reform the Original intent was to reform the Articles , but most realized reform was Articles , but most realized reform was not enoughnot enough

Shared a cynical belief that people Shared a cynical belief that people should not be given power to govern should not be given power to govern freely – checks had to be put in place freely – checks had to be put in place

Many came from upper and new middle Many came from upper and new middle class factions started to show that would class factions started to show that would exist not only in society, but in politics as exist not only in society, but in politics as wellwell

Key Concepts of FoundersKey Concepts of Founders

William Blackstone’s William Blackstone’s Commentaries on Commentaries on the Laws of England, the Laws of England, Montesquieu’s, Montesquieu’s, The The Spirit of the Law, Spirit of the Law, and Rousseau’s , and Rousseau’s ,Social Social Contract Contract , all showed popular sovereignty , all showed popular sovereignty ( right to rule yourself) and limited govt. ( ( right to rule yourself) and limited govt. ( not too powerful) not too powerful)

From Locke , From Locke , Second Treatise of Civil Second Treatise of Civil Govt. , Govt. , also gave Framers idea of judicial also gave Framers idea of judicial review ( determine constitutionality of review ( determine constitutionality of laws)laws)

Key concepts continued Key concepts continued

From the many state constitutions From the many state constitutions the Framers developed ideas of the Framers developed ideas of Checks and Balances and Separation Checks and Balances and Separation of Powersof Powers

Key Agreements Key Agreements

Major disagreement over Major disagreement over reprrepresentation in Congress

Two plans develop Virginia Plan and New Jersey Plan

What’s the plan??? What’s the plan???

The Virginia PlanThe Virginia Plan Proposed by Edmund Randolph of __Proposed by Edmund Randolph of __ Introduced from the start. Set the course, Introduced from the start. Set the course,

drawn up by Federalists. drawn up by Federalists. Main points: Bicameral house w/much Main points: Bicameral house w/much

power and delegates based on population power and delegates based on population or contributions to the central govt. or contributions to the central govt.

Lower House popularly elected Lower House popularly elected Upper House to be chosen from lists Upper House to be chosen from lists

provided by state legislature provided by state legislature

Virginia Plan

Small states such as Delaware and Small states such as Delaware and Rhode Island would have one Rhode Island would have one representative in lower chamber representative in lower chamber while large states like Mass. And VA while large states like Mass. And VA would have more than a dozen would have more than a dozen

Condemned by small states who Condemned by small states who rallied around New Jersey Plan rallied around New Jersey Plan instead instead

A Second PlanA Second Plan

New Jersey Plan or small state planNew Jersey Plan or small state plan Proposed by William Patterson of New Jersey Proposed by William Patterson of New Jersey Unicameral legislature where each state would Unicameral legislature where each state would

be equally represented be equally represented called for a stronger national govt. Who could called for a stronger national govt. Who could

tax and regulate commerce among the statestax and regulate commerce among the states In most respects Articles would remain in placeIn most respects Articles would remain in place each state big or small would have a single vote each state big or small would have a single vote

The Great Compromise

The debate over VA and N.J. plans The debate over VA and N.J. plans dragged on for weeks before they dragged on for weeks before they reached a compromisereached a compromise

What were some significant compromises in building the What were some significant compromises in building the Constitution?Constitution?

The Great CompromiseThe Great Compromise: bicameral : bicameral Congress; House apportioned by Congress; House apportioned by population, Senators apportioned two population, Senators apportioned two per state and voted on by state per state and voted on by state legislature (AKA Conn.) ( changed with legislature (AKA Conn.) ( changed with 1717thth amendment) amendment)

the small states never would have the small states never would have agreed to join union if their vote was agreed to join union if their vote was always weaker this was Article V of always weaker this was Article V of ConstitutionConstitution

The Great CompromiseThe Great Compromise

All spending bills had to originate in All spending bills had to originate in the House of Representativesthe House of Representatives

North- South CompromiseNorth- South Compromise

Issue of the economyIssue of the economy South had agricultural and slave-based economy South had agricultural and slave-based economy North had a stronger manufacturing based econ. North had a stronger manufacturing based econ.

And would gain a numerical majority in Congress And would gain a numerical majority in Congress and proceed to enact unfair tax policies and proceed to enact unfair tax policies

If Congress levied high import tariffs on finished If Congress levied high import tariffs on finished goods from foreign nations to protect Am. goods from foreign nations to protect Am. Businesses and placed heavy export tariffs on AG Businesses and placed heavy export tariffs on AG goods then the burden of financing the new govt. goods then the burden of financing the new govt. would fall on the Southwould fall on the South

Delegates from South worried that Northern reps Delegates from South worried that Northern reps might tax or even bar importation of slaves might tax or even bar importation of slaves

North South Compromise

After extended debate they compromised After extended debate they compromised Congress was prohibited by the Constitution from Congress was prohibited by the Constitution from

taxing exports, but could tax imports taxing exports, but could tax imports Also Congress was prohibited until 1808 from passing Also Congress was prohibited until 1808 from passing

laws to end slave trade. laws to end slave trade.

What they were doing was illegal! (It was NOT revision)What they were doing was illegal! (It was NOT revision)

3/53/5thth Compromise Compromise

Most controversial trade off during convention Dealt with representation on lower house For purposed of apportionment of taxes and seat

in House of Reps. Each slave was to count as 3/5th of a person

North argued against slave count since they were counted as property, and of course held in bondage

South wanted them counted as full persons for purpose of lower house population counts ( would decrease federal taxes levied on southern states)

The compromiseThe compromise

The settled on both taxation and The settled on both taxation and apportionment apportionment

They counted slaves as 3/5They counted slaves as 3/5thth of a person of a person South got the better deal- if slaves not South got the better deal- if slaves not

counted the south would have had slightly counted the south would have had slightly more than 35% of House seats with this more than 35% of House seats with this had 45% of seats – a lot of power in had 45% of seats – a lot of power in national legislationnational legislation

North had to allow this to get support of North had to allow this to get support of Southern States to join UnionSouthern States to join Union

Issue of slavery and framers Issue of slavery and framers frame of mindframe of mind

Many would think that most of framers had Many would think that most of framers had no qualms about slaveryno qualms about slavery

Not true most were deeply troubled by it, Not true most were deeply troubled by it, noticing the conflict with Lockean principle of noticing the conflict with Lockean principle of “ all are created equal” and “ entitled to “ all are created equal” and “ entitled to individual rights” individual rights”

“ “ inconsistent with the principles of the Revolution” MD. Luther inconsistent with the principles of the Revolution” MD. Luther Martin “ and dishonorable to the Am. character to have such a Martin “ and dishonorable to the Am. character to have such a feature in the Constitution.” George Mason – VA slaveholder feature in the Constitution.” George Mason – VA slaveholder

Slaveholders bring judgment of heaven on a country,” Slaveholders bring judgment of heaven on a country,” ( Franklin) ( Franklin)

Hamilton also involved in antislavery organizations Hamilton also involved in antislavery organizations

Factions among the Framers Factions among the Framers

Madison kept a daily journal of the eventsMadison kept a daily journal of the events They were held in secretThey were held in secret Majority of delegates were nationalists Majority of delegates were nationalists Wanted national govt. to have real powerWanted national govt. to have real power G.W.and Ben Franklin preferred limited G.W.and Ben Franklin preferred limited

national authority based on separtation of national authority based on separtation of power but willing to accept any type of power but willing to accept any type of National govt. National govt.

Is Jefferson whispering, “Look, Washington’s nylons don’t Is Jefferson whispering, “Look, Washington’s nylons don’t match!”, to Franklin?match!”, to Franklin?

O O

Factions among Delegates Factions among Delegates Strong central govt. Strong central govt. advocates advocates

Gov. Morris of Penn. & Gov. Morris of Penn. &

John Rutledge of S.C. John Rutledge of S.C. distrusted the people distrusted the people to self- rule to self- rule

Advocates of monarchyAdvocates of monarchy Some nationalists Some nationalists Included Alexander Included Alexander

Hamiltion- who called Hamiltion- who called for Convention – for Convention – thought British govt. thought British govt. was the best was the best

Factions among delegates Factions among delegates

Democratic Nationalists Democratic Nationalists Led by James Madison Led by James Madison

of VA and James of VA and James Wilson of PAWilson of PA

Wanted central govt. Wanted central govt. based on popular based on popular support support

Nationalists who were less Nationalists who were less democratic democratic

Edmund Randolph and Edmund Randolph and George Mason of VAGeorge Mason of VA

Luther Martin and John Luther Martin and John Mercer of MD. Mercer of MD.

Wanted strong central Wanted strong central govt. only if it was govt. only if it was only founded on a only founded on a very narrowly defined very narrowly defined republican principles republican principles

Factions of Delegates Factions of Delegates

Claims to Western LandsClaims to Western Lands MD. , Conn., MD. , Conn.,

Delaware, New Delaware, New Hampshire, and N.J Hampshire, and N.J only concerned with only concerned with making sure western making sure western lands remained in lands remained in hands of central govt. hands of central govt.

Group opposed to National Group opposed to National Government Government

2 of the 3 from N.Y. 2 of the 3 from N.Y. walked out once they walked out once they found out the found out the nationalist direction of nationalist direction of the convention the convention

Executive and Judiciary Executive and Judiciary Branches Branches

Executive and Judiciary was settled Executive and Judiciary was settled by a 5 person Committee of Detail by a 5 person Committee of Detail which presented a draft of the which presented a draft of the Constitution on Aug. 6 1787Constitution on Aug. 6 1787

It made executive and Judicial It made executive and Judicial branches subordinate to legislative branches subordinate to legislative branch branch

Madisonian Models Madisonian Models

Separation of Powers Separation of Powers Done to prevent Done to prevent

tyranny either by tyranny either by majority or minority majority or minority

No branch would have No branch would have more power than any more power than any other other

Congress passes laws, Congress passes laws, executive enforces and executive enforces and judicial interprets judicial interprets

Federalist 51 ( Woll pg. Federalist 51 ( Woll pg. 44)44)

Checks and Checks and Balances Balances

Each branch Each branch checks the power checks the power of the other 2 of the other 2 branches branches

Does one branch outweigh another?Does one branch outweigh another?

The Executive BranchThe Executive Branch

Some delegates favored a plural Some delegates favored a plural executive made up of representatives executive made up of representatives from various regions abandoned in from various regions abandoned in favor of single chief executive favor of single chief executive

Some argued Congress should choose Some argued Congress should choose Executive Executive

To make it independent they adopted To make it independent they adopted electoral college ( cumbersome)electoral college ( cumbersome)

Executive Executive

Made it possible for the candidate who Made it possible for the candidate who came in second in popular vote to came in second in popular vote to become president by being the top become president by being the top vote getter in electoral college ( 2000) vote getter in electoral college ( 2000)

Insulated Presidency from direct Insulated Presidency from direct popular control popular control

Was a 7 year single term but replaced Was a 7 year single term but replaced with 4 year term and possible re-with 4 year term and possible re-electionelection

Judicial Judicial

Supreme Court had power to declare acts Supreme Court had power to declare acts of Congress and Executive as of Congress and Executive as unconstitutional unconstitutional

Pres. Appoints S.C. Justices and the Pres. Appoints S.C. Justices and the Senate approves themSenate approves them

Judicial review not in Constitution Judicial review not in Constitution arguably assume that framers intended arguably assume that framers intended thisthis

If Congress is in recess Pres. Can appoint called If Congress is in recess Pres. Can appoint called a recess appointment without Senate Approvala recess appointment without Senate Approval

Judicial Judicial

Supreme Court justices serve for life Supreme Court justices serve for life or until they retire. or until they retire.

S.C. can be impeached and convicted S.C. can be impeached and convicted by Congress by Congress

The Final Document The Final Document

On Sept. 17, 1787 the document was On Sept. 17, 1787 the document was approved by 39 of the 55 who approved by 39 of the 55 who attended originally, only 42 remained attended originally, only 42 remained

Three refused to sign others did not Three refused to sign others did not like parts of it but signed anyway to like parts of it but signed anyway to begin ratification debate begin ratification debate

Fundamental principles in Fundamental principles in ConstitutionConstitution

1. Popular sovereignty or control by the people1. Popular sovereignty or control by the people 2. a republican form of govt. in which the 2. a republican form of govt. in which the

people choose reps. to make decisions for people choose reps. to make decisions for them them

3. Limited govt. with written laws 3. Limited govt. with written laws 4. Separation of powers- so one branch could 4. Separation of powers- so one branch could

not gain too much power not gain too much power 5. Federalism- a fed. System that allows for 5. Federalism- a fed. System that allows for

states’ rights , because states feared too much states’ rights , because states feared too much central power central power

FederalismFederalism

The idea that sovereign powers or ruling The idea that sovereign powers or ruling powers are divided between the states powers are divided between the states and national government and national government

Certain powers reserved for Feds and Certain powers reserved for Feds and certain for states certain for states

Laws made by federal govt. take Laws made by federal govt. take precedence over conflicting state lawsprecedence over conflicting state laws

Provided for extensive states’ rights and Provided for extensive states’ rights and also reserved powers also reserved powers

FederalismFederalism

This was new and was invented by This was new and was invented by the Founders as a compromise over the Founders as a compromise over whether the states or the central whether the states or the central govt. should have ultimate govt. should have ultimate sovereignty sovereignty

The line has always been an issue : The line has always been an issue : Civil War , Civil Rights – the line is Civil War , Civil Rights – the line is vague leaving it up to courts and vague leaving it up to courts and scholars to decide the line scholars to decide the line

RatificationRatification

Guaranteed that most states would Guaranteed that most states would not ratify it not ratify it

each state would hold a special each state would hold a special conventionconvention

Elected delegates would debate and Elected delegates would debate and vote vote

They agreed that if 9 of the 13 They agreed that if 9 of the 13 approved it, it would take effect and approved it, it would take effect and they would organize the new govt. they would organize the new govt.

The Ratification Struggle…The Ratification Struggle…

The Anti-Federalists unhappy. The Anti-Federalists unhappy. Most delegates were Federalists, Most delegates were Federalists,

meetings had been in secret! Too meetings had been in secret! Too powerful central govt! Wanted a powerful central govt! Wanted a revision of Articles!revision of Articles!

Federalists respond with essays Federalists respond with essays aimed at winning public support. aimed at winning public support.

NY was a necessity, opponents in NY was a necessity, opponents in NY attacked first!NY attacked first!

Ratification Struggle Ratification Struggle

Federalists Federalists

1.1. Favored strong national Favored strong national govt. and the new govt. and the new ConstitutionConstitution

2.2. Had advantage over Had advantage over Anti-federalists Anti-federalists

3.3. They had a positive They had a positive name name

4.4. Attended the Attended the convention and knew convention and knew what took place what took place ( secret)( secret)

Anti-federalistsAnti-federalists

1.1. Wanted to prevent Wanted to prevent Constitution as drafted Constitution as drafted

from being ratified from being ratified

2.2. Negative name Negative name

3.3. Did not know what Did not know what went on at conventionwent on at convention

4.4. At a disadvantage At a disadvantage

5.5. Written by aristocratsWritten by aristocrats

6.6. No bill of rightsNo bill of rights

RatificationRatification

Federalists Federalists Well read, well bred and Well read, well bred and

if I say so myself well fed if I say so myself well fed John Jay, Alexander John Jay, Alexander

Hamilton and James Hamilton and James Madison ( aka Ceasar Madison ( aka Ceasar then- Publius- the public)then- Publius- the public)

All right so not so well All right so not so well fedfed

But Ben Franklin looked But Ben Franklin looked a a

a little chubby ( LOLa little chubby ( LOL) )

Hamilton – 2/3Hamilton – 2/3rdrd

Ratification Debate Ratification Debate

Federalists Federalists They had money , time , They had money , time ,

and power on their sides and power on their sides Communication slow those Communication slow those

who had access to who had access to communication had communication had advantageadvantage

They were bankers, They were bankers, lawyers, plantation owners, lawyers, plantation owners, merchants living in urban merchants living in urban areas where areas where communication was communication was accessible accessible

Anti-Federalists Anti-Federalists One thing in their favor they One thing in their favor they

stood for the status quostood for the status quo Greater burden on those who Greater burden on those who

wanted changewanted change Patrick Henry , Sam Adams , Patrick Henry , Sam Adams ,

John Hancock, Jefferson and John Hancock, Jefferson and Monroe were supporters Monroe were supporters

( Montezuma, ( Montezuma, Philadelphiensis)Philadelphiensis)

They also made brilliant They also made brilliant remarks in their attack of the remarks in their attack of the Constitution Constitution

Ratification Debate Ratification Debate

Federalists Federalists Madisonian view favored a Madisonian view favored a

lg. republic ( Fed Papers lg. republic ( Fed Papers 10, 51)- unpopular view at 10, 51)- unpopular view at the timethe time

Some believed that Some believed that Madison did not so much Madison did not so much influence thought as did influence thought as did the fact that A of C was the fact that A of C was weak.weak.

Explained powers of Explained powers of branches and presented branches and presented power of judicial review power of judicial review

Anti-Federalists Anti-Federalists Influenced by Montesquieu Influenced by Montesquieu

liberty safe in small societies liberty safe in small societies governed by direct democracy governed by direct democracy or by a large legislature with or by a large legislature with small districts small districts

Also attacked ratification Also attacked ratification processprocess

Thought Con. Was class-based Thought Con. Was class-based in favor of elite in favor of elite

Must have Bill of Rights to Must have Bill of Rights to ratify ratify

Became powerful because of Became powerful because of the patriots involved in Rev. the patriots involved in Rev. War War

Anti- Federalists Anti- Federalists

Patrick Henry, Samuel Adams, Patrick Henry, Samuel Adams, Thomas Jefferson Thomas Jefferson

Ratification DebateRatification Debate

Federalists Federalists In N.Y . ( walked out of In N.Y . ( walked out of

convention) they quickly convention) they quickly attacked the Constitutionattacked the Constitution

Hamilton answered in Hamilton answered in newspaper columns signing it newspaper columns signing it Caesar- no effect he changed Caesar- no effect he changed it to Publius ( public)it to Publius ( public)

He then also got help from He then also got help from Jay and Madison ( Hamilton Jay and Madison ( Hamilton wrote 2/3rds of essays )wrote 2/3rds of essays )

85 essays called “The 85 essays called “The Federalist Papers” Federalist Papers”

From Oct. 1787-Aug. 1788From Oct. 1787-Aug. 1788

Anti- Federalists Anti- Federalists Claim was that Constitution Claim was that Constitution

was written by aristocrats was written by aristocrats and would lead to tyranny and would lead to tyranny

Thought constitution would Thought constitution would create an overbearing create an overbearing central govt. hostile to central govt. hostile to personal libertypersonal liberty

They wanted a bill of rights They wanted a bill of rights They wanted stronger state They wanted stronger state

govt. govt. Their opinion was very Their opinion was very

popularpopular

Ultimately, this was needed…Ultimately, this was needed…

The The Bill of RightsBill of Rights!! Seen as a safeguard?Seen as a safeguard?

Issues dealt with by Issues dealt with by amendments and their locationsamendments and their locations-Civil Rights -Civil Rights

Amendments 1-9 and 14 ( memorize them)Amendments 1-9 and 14 ( memorize them)

1.1. Free speech, petition, freedom of Free speech, petition, freedom of assembly, and freedom of Religionassembly, and freedom of Religion

2.2. Militia and right to bear armsMilitia and right to bear arms

3.3. Quartering of soldiersQuartering of soldiers

4.4. Protection from illegal search and seizure Protection from illegal search and seizure without a warrant unless probable cause without a warrant unless probable cause

5.5. Grand Juries , Self- incrimination, double Grand Juries , Self- incrimination, double jeopardy, Due process and Eminent jeopardy, Due process and Eminent DomainDomain

Civil rights amendments Civil rights amendments

6. Criminal Court procedures –know 6. Criminal Court procedures –know accusations against you and A speedy trial accusations against you and A speedy trial and trial by jury confronted by witnesses & and trial by jury confronted by witnesses & counsel for defense counsel for defense

7. Trial by jury or judge 7. Trial by jury or judge

8. Bail, Cruel and unusual punishment8. Bail, Cruel and unusual punishment

9. Enumeration in the Constitution of certain 9. Enumeration in the Constitution of certain individual rights shall not be dindividual rights shall not be denied enied

14. ( July 9, 1868) Citizenship and Due 14. ( July 9, 1868) Citizenship and Due Process and Equal Protection of the Law Process and Equal Protection of the Law

Issues dealt with by Issues dealt with by amendmentsamendments

Governmental Power and function- 10, Governmental Power and function- 10, 11, 1611, 16

10. Reserved powers of the states- powers not 10. Reserved powers of the states- powers not delegated or prohibited by the Constitution shall delegated or prohibited by the Constitution shall be given to the states , pass laws under own be given to the states , pass laws under own police powerspolice powers

11. Ratified Feb. 7, 1795- Suits against the state-11. Ratified Feb. 7, 1795- Suits against the state-state can not be sued in federal court by one of state can not be sued in federal court by one of it’s citizens , by a citizen of another state or by a it’s citizens , by a citizen of another state or by a foreign country foreign country

16. Feb. 3. 1913- Federal Income tax 16. Feb. 3. 1913- Federal Income tax

Issues and amendments Issues and amendments

- Election Rules and Office Holding – Election Rules and Office Holding – 12, 17, 20, 22, and 25 12, 17, 20, 22, and 25

- 12- June 15, 1868- Election of the 12- June 15, 1868- Election of the President- in case of tie House of President- in case of tie House of Reps. Decides President one vote Reps. Decides President one vote each state must have quorum 2/3 of each state must have quorum 2/3 of states states

- Vice President will be decided in the Vice President will be decided in the Senate 2/3 of whole of Senate Senate 2/3 of whole of Senate

Election Rules and Office Election Rules and Office HoldingHolding

1717thth Amendment -Direct election of Senators Amendment -Direct election of Senators 2020thth Amend-Jan. 23, 1933- Lame Duck Amend-Jan. 23, 1933- Lame Duck

Amendment – Terms of Pres. And VP shall end Amendment – Terms of Pres. And VP shall end at 12 noon on Jan. 20at 12 noon on Jan. 20thth instead of March 4 – instead of March 4 – terms of Sen. And Congressmen will end Jan. 3 terms of Sen. And Congressmen will end Jan. 3 at noon at noon

2222ndnd – Feb. 27, 1951- 2 term limit for president – Feb. 27, 1951- 2 term limit for president and if served more than 2 years of another and if served more than 2 years of another pres. Term they can only be elected once. pres. Term they can only be elected once.

2525thth-Feb. 10, 1967- Pres. Disability and Vice -Feb. 10, 1967- Pres. Disability and Vice

Election Rules and Office Election Rules and Office Holding Holding

2525thth-Feb. 10, 1967- Pres. Disability -Feb. 10, 1967- Pres. Disability and Succession- removal of Pres. and Succession- removal of Pres. From office VP takes over – vacancy From office VP takes over – vacancy in VP Pres. Nominates and confirmed in VP Pres. Nominates and confirmed by majority of both houses by majority of both houses

If pres. Can’t perform duties he tells If pres. Can’t perform duties he tells leaders in Congress and VP takes leaders in Congress and VP takes overover

Read the rest Read the rest

Issue and amendments Issue and amendments

Social concerns – 18 and 21 Social concerns – 18 and 21 1818thth amendment – Prohibition amendment – Prohibition 2121stst- Yeah it was over !!!! - Yeah it was over !!!!

Issues and amendments Issues and amendments

Voting Rights – 15, 19, 23, 24, and 26Voting Rights – 15, 19, 23, 24, and 26 1515thth amendment (1870)- African American amendment (1870)- African American

right to vote right to vote 1919thth- (1920)Women’s Right to vote - (1920)Women’s Right to vote 2323rdrd amendment- Voting in District of amendment- Voting in District of

Columbia (1960)- electors for voting for Columbia (1960)- electors for voting for Pres. And VP Pres. And VP

2424th ( 1964)th ( 1964) – abolition of the poll tax – abolition of the poll tax 2626thth- ( 1971) 18 year old vote moved down - ( 1971) 18 year old vote moved down

from 21 from 21

The Road to RatificationThe Road to Ratification

Many ordinary Am. Opposed the Many ordinary Am. Opposed the ratification of the Constitutionratification of the Constitution

However they were not represented as However they were not represented as well as the wealthy in the state ratifying well as the wealthy in the state ratifying conventionsconventions

Also Federalist forces support was Also Federalist forces support was increased due to the assumption that increased due to the assumption that George Washington would be the first George Washington would be the first president not to mention that he presided president not to mention that he presided over the Conventionover the Convention

Road to RatificationRoad to Ratification

Debate about Ratification involved Debate about Ratification involved following objections: following objections: Increased power of central govt. (Major)Increased power of central govt. (Major) Constitution lacked bill of rights ( major)Constitution lacked bill of rights ( major) God was not mentioned in the documentGod was not mentioned in the document The Constitution did not allow States to print The Constitution did not allow States to print

money to place duties on imports from other money to place duties on imports from other states , to interfere with lawfully contracted states , to interfere with lawfully contracted debts and to harbor runaway slaves.debts and to harbor runaway slaves.

No Bill of Rights No Bill of Rights

Road to RatificationRoad to Ratification

Delaware was the first to ratify , Connecticut, Delaware was the first to ratify , Connecticut, Georgia, and New Jersey followed Georgia, and New Jersey followed

After a bitter battle in Massachusetts they ratified it After a bitter battle in Massachusetts they ratified it by a narrow margin 187-168 on Feb. 6, 1788by a narrow margin 187-168 on Feb. 6, 1788

In summer of 1788, New Hampshire became the In summer of 1788, New Hampshire became the ninth, the Constitution was law ninth, the Constitution was law

Neither VA or N.Y had ratified and they were needed Neither VA or N.Y had ratified and they were needed for stability finally did in June and July of 1788for stability finally did in June and July of 1788

In both above states it barely passed by a slim In both above states it barely passed by a slim margin margin

AnAnd only after Bill of Rights was promised by Feds d only after Bill of Rights was promised by Feds By spring 1790 all 13 states had ratified it By spring 1790 all 13 states had ratified it

Did the Majority of Am. Support Did the Majority of Am. Support the Constitutionthe Constitution

In 1913, historian Charles Beard publishedIn 1913, historian Charles Beard published An Economic Interpretation of the Constitution of An Economic Interpretation of the Constitution of

the United States .the United States . The book launched debate over whether the The book launched debate over whether the

Con. Was supported by majority of Am. Con. Was supported by majority of Am. His thesis was that the Con. Had been produced His thesis was that the Con. Had been produced

by wealthy landowners who desired a strong by wealthy landowners who desired a strong central govt. to protect their property rightscentral govt. to protect their property rights

Claimed Con. Was imposed by undemocratic Claimed Con. Was imposed by undemocratic methods to prevent democratic majorities from methods to prevent democratic majorities from exercising real powerexercising real power

Beard’s Thesis Beard’s Thesis

Beard also pointed out that there was Beard also pointed out that there was never any popular vote on whether to never any popular vote on whether to hold a constitutional convention in the hold a constitutional convention in the first place first place

And if a vote was taken state govt. only And if a vote was taken state govt. only let white male property owners vote let white male property owners vote

Even the word democracy was distasteful Even the word democracy was distasteful to the founders ( used by conservatives to the founders ( used by conservatives to discredit their opponents)to discredit their opponents)

State Ratifying ConventionsState Ratifying Conventions

Many historians believe that if a Gallop Poll was Many historians believe that if a Gallop Poll was taken the Anti-Federalists would have outnumbered taken the Anti-Federalists would have outnumbered the Federalists the Federalists

Many believed elites would end up abusing the little Many believed elites would end up abusing the little folk just as the British hadfolk just as the British had

Ratification was done by special conventions in Ratification was done by special conventions in each state each state

Success was achieved when VA and N.Y. ratified in Success was achieved when VA and N.Y. ratified in summer of 1788 summer of 1788

VA and N.Y crucial because most populous VA and N.Y crucial because most populous Did not give ratification simple majority but went Did not give ratification simple majority but went

beyond the majority because of importance beyond the majority because of importance

On the other sideOn the other side

Many historians believe that support Many historians believe that support was widespread because most was widespread because most people knew that a strong central people knew that a strong central govt. was needed to keep order and govt. was needed to keep order and protect public welfare – rich and poor protect public welfare – rich and poor felt this wayfelt this way

The Federalists did in fact set up a The Federalists did in fact set up a limited govt. limited govt.

Bill of Rights Bill of Rights

Madison had not at first supported a BOR Madison had not at first supported a BOR but Jefferson convinced him and also he but Jefferson convinced him and also he was running for election to Congresswas running for election to Congress

Madison cut through hundreds of state Madison cut through hundreds of state recommendations recommendations

One of the rights appropriate for One of the rights appropriate for constitutional protection that was left out constitutional protection that was left out of BOR was equal protection under the of BOR was equal protection under the law ( 14law ( 14thth , 1868 added Feds apply it now , 1868 added Feds apply it now as well )as well )

Ratification of Bill of Rights Ratification of Bill of Rights

Final # of amendments that Madison and Final # of amendments that Madison and a committee came up with was 17 a committee came up with was 17

Congress tightened the language and got Congress tightened the language and got rid of 5 and of the 12 left - 2 dealing with rid of 5 and of the 12 left - 2 dealing with apportionment of representatives and apportionment of representatives and compensation of members of Congress compensation of members of Congress not immediately ratified not immediately ratified

1960’s apportionment changed and 1960’s apportionment changed and compensation ratified in 1992- 27compensation ratified in 1992- 27thth amend.amend.

Ratification of Bill of Rights Ratification of Bill of Rights

Dec. 15, 1791 the national BOR was adopted Dec. 15, 1791 the national BOR was adopted when VA agreed to ratify the 10 amendments when VA agreed to ratify the 10 amendments

The amendment that Madison said was the “ The amendment that Madison said was the “ most valuable” which prohibited the states from most valuable” which prohibited the states from infringing on the freedoms of conscience, press, infringing on the freedoms of conscience, press, and jury trial was eliminated by the Senate and jury trial was eliminated by the Senate

It did not limit state power and citizens had to It did not limit state power and citizens had to rely on guarantees in state constitutions or state rely on guarantees in state constitutions or state bill of rights bill of rights

Not until after civil war will there be limitations Not until after civil war will there be limitations on state power – 14on state power – 14thth amendment amendment

Inauguration of New Govt. Inauguration of New Govt.

The new govt. assembled in it’s The new govt. assembled in it’s temporary capital , New York City, in temporary capital , New York City, in March 1789 and moved to Philadelphia in March 1789 and moved to Philadelphia in 1790 and D.C. in 18001790 and D.C. in 1800

In April of 1789, George Washington was In April of 1789, George Washington was elected President of the United States elected President of the United States

Bill of Rights was added after Ratification Bill of Rights was added after Ratification to fulfill promise to those who supported to fulfill promise to those who supported itit

Constitutional Principles / Constitutional Principles / Popular SovereigntyPopular Sovereignty

Popular Sovereignty Popular Sovereignty all political power belongs to the all political power belongs to the

people- govt. must have consent of people- govt. must have consent of the peoplethe people

Sovereign people created Sovereign people created ConstitutionConstitution

Preamble – We the People Preamble – We the People

Constitutional Principles/ Constitutional Principles/ Limited Government Limited Government

govt. can do only what people have govt. can do only what people have given it power to do, given it power to do,

each individual had certain rights govt. each individual had certain rights govt. can’t take away- ex. Bill of Rights ,can’t take away- ex. Bill of Rights ,

rule of law – Govt. officials are subject rule of law – Govt. officials are subject to same laws as the peopleto same laws as the people

Prohibitions to power of Govt. Prohibitions to power of Govt.

Constitutional Constitutional Principles/Separation of Powers Principles/Separation of Powers Created by the Founders- executive, Created by the Founders- executive,

legislative and judicial divided legislative and judicial divided among 3 independent and co-equal among 3 independent and co-equal branches which must cooperate with branches which must cooperate with each other as well as oppose each each other as well as oppose each other – checks and balancesother – checks and balances

Done to limit powers of govt. and Done to limit powers of govt. and prevent tyranny prevent tyranny

Constitutional Principles/Checks Constitutional Principles/Checks and Balances and Balances

Each branch is subject to a number of Each branch is subject to a number of constitutional restraints by other branches constitutional restraints by other branches

System of overlapping the powers of the 3 System of overlapping the powers of the 3 branches to permit each branch to branches to permit each branch to achieve their goalsachieve their goals

Usually they restrain themselves Usually they restrain themselves Change usually comes slowly – Change usually comes slowly –

moderation and compromise are the moderation and compromise are the norm- fragmented policy making norm- fragmented policy making processesprocesses

Checks and Balances Checks and Balances

Allow almost all groups some place in Allow almost all groups some place in pol. system where their demands for pol. system where their demands for public policy can be heard- (linkage public policy can be heard- (linkage institutionsinstitutions

media, political parties, locally media, political parties, locally elected officials , lobby groups ) very elected officials , lobby groups ) very important for AP testimportant for AP test

Constitutional Principles / Constitutional Principles / Judicial ReviewJudicial Review

Judicial branch possesses power to Judicial branch possesses power to check actions of the other branches check actions of the other branches in order to determine in order to determine constitutionality of their actions and constitutionality of their actions and constitutionality of laws constitutionality of laws

Power of judicial interpretation not in Power of judicial interpretation not in Constitution but never a matter of Constitution but never a matter of disagreement among Founders disagreement among Founders

Constitutional Constitutional Principles/FederalismPrinciples/Federalism

Division of political power between a Division of political power between a central govt. and several regional central govt. and several regional govt. govt.

Horizontal and VerticalHorizontal and Vertical H- H- A A principle of government that defines the relationship principle of government that defines the relationship

between the central government at the national level and its between the central government at the national level and its constituent units at the regional, state, or local levels. Under constituent units at the regional, state, or local levels. Under this principle of government, power and authority is allocated this principle of government, power and authority is allocated between the national and local governmental units, such that between the national and local governmental units, such that each unit is delegated a sphere of power and authority only it each unit is delegated a sphere of power and authority only it can exercise, while other powers must be shared.can exercise, while other powers must be shared.

Vertical federalism: this is viewed as : this is viewed as the traditional form of federalism as the traditional form of federalism as it sees the actions of the national it sees the actions of the national government as supreme within their government as supreme within their constitutional sphere. constitutional sphere.

Constitutional Principles / Constitutional Principles / FederalismFederalism

Founded in American revolution Founded in American revolution against King in England- New Ideaagainst King in England- New Idea

Compromise between a strict central Compromise between a strict central govt. and a loose confederation , govt. and a loose confederation , such as A of Csuch as A of C

Amending the Constitution Amending the Constitution

Much easier than under A of C – (which Much easier than under A of C – (which was unanimous)was unanimous)

It has only changed 27 times since It has only changed 27 times since ratificationratification

Since the Bill of Rights , the strongest Since the Bill of Rights , the strongest theme in the later 17 amendments, is the theme in the later 17 amendments, is the expansion of citizenship rights expansion of citizenship rights

The first 10 focus on limited powers of the The first 10 focus on limited powers of the federal govt. over rights and liberties of federal govt. over rights and liberties of individuals.individuals.

Article VArticle V

The process of ratification was The process of ratification was thrown into the writing of the Con. To thrown into the writing of the Con. To make it flexible and usable in any make it flexible and usable in any time period – “A Living Constitution”time period – “A Living Constitution”

3 ways to Amend Constitution3 ways to Amend Constitution

1.1. Constitutional Amendment – Constitutional Amendment – Ratification process Ratification process

2.2. Judicial interpretationJudicial interpretation

3.3. Political Practice – or precedents Political Practice – or precedents

Formal ways of proposing an Formal ways of proposing an Amendment Amendment

1. 2/3rds vote in each Chamber of 1. 2/3rds vote in each Chamber of Congress ( 67 in Senate, 290 in Congress ( 67 in Senate, 290 in House)House)

2. a national convention that is 2. a national convention that is called by Congress at the request of called by Congress at the request of 2/3rds of the state legislatures - 2/3rds of the state legislatures - never been used never been used

RatificationRatification

1. by a positive vote in 3/4ths of the 1. by a positive vote in 3/4ths of the legislatures of various states ( 38 of 50 )legislatures of various states ( 38 of 50 )

2. by special conventions called in the 2. by special conventions called in the states and positive vote in 3/4states and positive vote in 3/4thths of s of them( only used once to repeal them( only used once to repeal Prohibition with 21Prohibition with 21stst Amendment) Amendment) State conventions were needed to repeal State conventions were needed to repeal

1818thth Amend, because of pro-dry legislatures Amend, because of pro-dry legislatures in conservative state wouldn’t have passed in conservative state wouldn’t have passed the repeal the repeal

Proposing and Ratifying a Constitutional Proposing and Ratifying a Constitutional Amendment in WritingAmendment in Writing

4 ways to amendment in writing :4 ways to amendment in writing :1. Proposed by 2/3rds of both houses of Congress and 1. Proposed by 2/3rds of both houses of Congress and

ratified by 3/4ratified by 3/4thth of the states ( most popular )( 38 of 50) of the states ( most popular )( 38 of 50)

2. Proposed by 2/3 of Both houses of Congress and ratified 2. Proposed by 2/3 of Both houses of Congress and ratified by special conventions in ¾ of the states (38 of 50) by special conventions in ¾ of the states (38 of 50)

3. Proposed by a national convention when requested by 3. Proposed by a national convention when requested by 2/3rds of State Legislatures and ratified by ¾ of State 2/3rds of State Legislatures and ratified by ¾ of State Legislatures (38 of 50)Legislatures (38 of 50)

4. Proposed by national convention called by Congress 4. Proposed by national convention called by Congress when requested by 2/3 of State legislatures then ratified when requested by 2/3 of State legislatures then ratified by a special convention held in ¾ of the States ( once by a special convention held in ¾ of the States ( once Prohibition)Prohibition)

Rules of RatificationRules of Ratification

Congress chooses method Congress chooses method Most have time limits but 27Most have time limits but 27thth didn’t didn’t

203 years to ratify 1789- 1992 203 years to ratify 1789- 1992 ( Michigan last state to ratify 27( Michigan last state to ratify 27thth))

Most have 7 year time limit but not Most have 7 year time limit but not for all it can be extended (ERA )for all it can be extended (ERA )

No national convention has been No national convention has been held since 1787held since 1787

Does one branch outweigh another?Does one branch outweigh another?