Constitution!

Articles of Declaration of
Confederation Independence

English
Philosophers
• The Founding Fathers created the
Constitution to be the supreme law
of all of the United States of
America

• It is called a “living document”

because of its ability to grow and
change with the times.
 The original John Locke

Basic Ideology
• The Founders (Jefferson, Adams, Franklin,
Roger Sherman, and Robert Livingston
included ideas from Enlightenment thinkers
such as Locke, Rousseau, and Montesquieu
in the Declaration.
• By looking at Locke, you will notice many
similarities in the language and ideas used.
– Natural rights as they relate to life, liberty, and
property.
– The consent of the governed
– Concept of limited government
Not him
• The Grievances
Major parts of the
– This part is the “case”
against Great Britain
– taxation without
document
representation •Philosophical Basis
– unjust trials –The Declaration establishes
– quartering of British soldiers “unalienable rights” as the
– abolition of colonial cornerstone of natural rights.
assemblies –limited governments are
– policy of mercantilism formed receiving their
powers from “the consent of
the governed”
 Britain Colonies

• The Statement of Separation

– Jefferson said that the colonists had no
choice but to revolt.
– England had a supreme navy and
resources that could support a war…the
colonists had knowledge of the land,
leadership, and a desire to be free
 Founders tried to
create a
government based
on the idea of the
consent of the
governed.
 • Even though the
Founders said that “all
men are created
equal” this was only
meant to apply to
white male colonists.
• Property as an
indicator of wealth and
status was also a
requirement for
political office
 (Didn’t work)

(Bad idea)

(No president!)
The first government of the United
States, the Articles of Confederation,
relied on the states to make the
decisions that would ultimately
determine whether the new nation
would survive.
Me
Me Too!
I love my Too!
State!
 Dominant state governments
A weak national government • imposed tariffs on each other
• one-house (unicameral) • created their own currency
Congress • refused to amend the Articles
• no chief executive or national
court system
• legislation had to have a 2/3
majority to be passed, and
amendments had to have
unanimous consent
 • Northwest
Ordinance, which
abolished slavery in
the newly acquired
northwest
territories
• developed on the state level
• led to opposing political parties (Federalists and
Anti-Federalists)
• Farmers returning from the Revolutionary
War were faced with extremely high
taxes, for which they had no money to pay
• Farms were taken from the farmers who
could not pay
• Daniel Shays led a group of farmers to take
over the Massachusetts State Armory
• Revolt succeeded in pointing out the many
problems faced by the new government
The Constitution
• With the exception of Rhode Island,
the rest of the states sent 55
delegates to the Constitutional
Convention in Philadelphia in 1789
• Make-up of the delegation
– All men
– Average age – 42 (Ben Franklin was
oldest at 81)
– Most had important roles in the
Revolution
– Most had served in their state
legislatures
– None were poor
– Some, but not all, had attended
college (31)
– Many were merchants, lawyers,
farmers, and bankers
• Original intent of the Convention was just to
REFORM the Articles.
• They shared a cynical belief that people
could NOT be given the power to govern
freely, so checks had to be put into place.
Many state constitutions already included
checks and balances.
 • Major disagreement was over
representation in Congress – two plans
developed

+ =
Virginia Plan New Jersey Plan
• Proposed by Edmund • Proposed by William
Randolph of Virginia Patterson of New
• Bicameral Legislature Jersey
based on population • Unicameral Legislature
• Lower house popularly
where each state
elected
would be equally
• Upper house to be
represented
chosen from lists
provided by the state
legislatures
• Congress would be bicameral (from the Virginia
Plan)
• The lower house was made of members that
were popularly elected and was based on state
population (from the Virginia Plan)
• The upper house had equal representation for
each state (from the New Jersey Plan)
• All spending bills had to originate in the lower
house

We Agree!
• dealt with the issue
of representation in
the lower house
• most slave-holding
states favored having
slaves included in the
population count
• for taxation
purposes, each slave
would be counted as
3/5 of a person
 State
governments
could not tax
imports from
other states or
foreign nations
 In exchange for the
southern support of
the Commerce
Compromise, the
convention said that it
would not take any
action on slavery for
20 years.
• MUCH easier than under AOC
• The US Constitution has only changed
27 times since it was originally
ratified
– This makes it one of the world’s
strongest and longest lasting
governments.
Issues dealt with by amendments
and their locations
• Civil Rights – 1-9, 13, and 14
• Governmental Power and Function – 10,
11, 16 and 27
• Election Rules and Office Holding - 12, 17,
20, 22 and 25
• Social Concerns – 18 and 21
• Voting Rights – 15, 19, 23, 24, and 26
 Proposals: Ratification:
•2/3rds vote in both • By legislatures in
houses of Congress 3/4ths of the
•National convention states
called by Congress at • By conventions in
the request of 2/3rds
3/4ths of the
of the state
states
legislatures  
Judicial Interpretation
• In this instance, the Constitution
is not actually added to in
writing, but rather changed
through the actions of the
federal courts.
• By saying parts of the
Constitution mean one thing
rather than another, the
courts effectively change the
“meaning” of the Constitution.
Political Practice
• In this instance, the Constitution is not
Two terms
actually changed in writing, but rather
are enough!
through the actions of presidents and
Congress setting “precedents”
• Two major examples
– There is no formal mention of a Presidential
Cabinet in the Constitution, but all presidents
have had one and it eventually became the
mode of normal operations for US
government.
– President Washington began a “No Third
Term” tradition that each president after him
willingly followed (without the Constitution
telling them that they could not serve more
than two terms) until FDR and the passage of
the 22nd Amendment.
 Federalists
• Federalists, led by
Hamilton, Jay, and Federalists

Madison, wrote a Anti-federalists

collection of essays
supporting the
Whigs
ratification of the
Constitution. They used
the pseudonym Publius.
Anti-Federalists
• Led by George Mason and Richard Henry Lee wrote
their own papers called The Pennsylvania Packet, and
Letters from the Federal Farmer, under the
pseudonym Brutus.
• Their biggest complaint was the lack of a bill of
rights.

Lee Mason
Go America!
Much better!

Three
branches!

Success!

Smoother government!
• The Preamble defines the
objective of the document
– form a more perfect union
– establish justice
– ensure domestic tranquility
– provide for the common
defense
– promote the general welfare
– secure the blessings of
liberty
 I may be old
but I feel great!

• major factors affecting the Constitution’s

longevity
– separation of powers
– checks and balances
– elastic clause
– reserved power for the states
– rights guaranteed to the citizens
– precedents and traditions creating an
unwritten Constitution
– amendment process
Article I
• broadly defines the legislative powers of
Congress
• splits responsibility between a bicameral
legislature.
• House of Representatives
– Representation based on population
– Most responsible to the people
• Senate
– Make-up based on equal
representation
– Joins with the House to pass laws
• rules governing impeachment are also
spelled out
Article II
• determines the nature of the chief executive
• powers are not as clearly spelled out as in Art. I
– major responsibility is to administer and execute the
laws of the US
• signs bills passed by Congress into law
• also outlines the mechanics of the Electoral College
and determines the procedures to take place
should one candidate not receive a majority of the
electoral vote
Article III
• outlines the nature of the judicial
branch
• this is the most vague article when
it comes to qualifications of its
members
• refers to the Supreme Court
– manner in which cases get there
House….
– 435 members based
on decennial census
– term of office – 2
years
– must be 25 years old,
US citizen for seven
years, and an
inhabitant of the
state they represent
– brings impeachment
charges
SENATE
– 100 members based on equal suffrage for
each state
– term of office – 6 years
– must be 30 years old, US citizen for nine
years, and a resident of the state they
represent
– tries all impeachment trials
• also known as delegated powers, since they are
specifically written out
• listed in Article I, Section 8
– power to tax
– borrow money
– regulate commerce
If I say
– coin money
so.
– Creating post offices
– establishing lower federal courts
– declare war
– raise and support a navy and army
• Article I, Section 8, Clause 18
is known as the “elastic
clause” or the “necessary
and proper clause”
• It states that Congress has
the power to “…make all
laws necessary and proper
for carrying into execution
the foregoing powers…”
• Gives Congress the power to
broadly interpret their
powers
• Strictest qualifications of the three
branches
– 35 years old
– Natural born citizen
– resident of the US for at least 14
years
• term of office is 4 years, limited to 2
terms (22nd Amendment)
• specific powers are spelled out in
Article II, Sections 2 and 3
– commander in chief
– grant pardons
– make treaties (with consent of
Senate)
– power to sign or veto legislation
– duty to give Congress the State of
the Union report at least once a
year
• power of the president has been on a steady rise
since the days of FDR’s New Deal (creating a large
bureaucracy)
• also known as the head of his political party
• VP’s powers are also spelled out in Article II
– only specific power is to cast a tie-breaking vote in the
Senate
– also next in line to succeed the POTUS should he die in
office (25th Amendment)
• No specific qualifications for office
• “hold their offices during good
behavior”
• life terms for appointment
• Major power is that of “judicial review”
• Absolutely no accountability to
voters
 Most significant
feature of checks and
balances is that it
continually proves that
our government is
limited.