The Constitution

Problems Leading to the New Constitution

Economic problems: massive public debt trade problems with Britain no national economy Insecurity Against Invasion:
BRITISH CANADA PESKY REDSKINS SPAIN

Problems Leading to the New Constitution

The catalyst: Shays Rebellion Showed weakness of the Articles of Confederation

Meeting set in Annapolis, MD, to correct flaws of the Document; 6 States attend

The Articles of Confederation

Weaknesses: - No national military - No courts - No national economy - No ability to tax - Unicameral legislature; one vote per State - weak president, chosen from leg. Each State govt. stronger than national govt.; economic and military powers given to States, not USA

Philadelphia: May Sept., 1787

Purposes: revise the Articles Characteristics of attendees Areas of common agreement: 1. Stronger national government 2. Military under national control 3. Fears of mobocracy Prime goal: balance between States and national governments

Four Main Issues

1. Representation: state basis or population basis 2. Economic powers: national economy vs. state economies 3. Direct vs. Indirect democracy 4. Individual rights vs. majority rule

Popular Sovereignty Limited Government

The principle of popular sovereignty was the basis for every new State constitution. That principle says that government can exist and function only with the consent of the governed. The people hold power and the people are sovereign.

The concept of limited government was a major feature of each State constitution. The powers delegated to government were granted reluctantly and hedged with many restrictions.
In every State it was made clear that the sovereign people held certain rights that the government must respect at all times. Seven of the new constitutions contained a bill of rights, setting out the unalienable rights held by the people.

Civil Rights and Liberties

Separation of Powers and Checks and Balances

The powers granted to the new State governments were purposely divided among three branches: executive, legislative, and judicial. Each branch was given powers with which to check (restrain the actions of) the other branches of the government.

The Fears of the Founding Fathers

Mob democracy Future tyranny Too powerful a central government Too weak a central government Two sides of the argument: The Federalists favored central government The Anti-federalists favored the State governments

New Powers Given to the National Government Taxation Military Currency Treaties Regulation of Commerce

The Three Branches of Government

Checks and Balances

The Issue of Representation

The Virginia Plan: Representation based on population (or tax donations) The New Jersey Plan: Representation based on two per State

The Connecticut Plan (The Great Compromise)

House based on population, chosen directly by the people Senate based on two per State, chosen by State legislatures

The 3/5 Compromise

60% of slave population counted for representation (three fifths all other persons) Slave importation banned after 1808

The Constitution
Article I Structure and Powers of Congress Article II Powers of the President Article III the Judiciary, Treason Article IV- Full Faith and Credit, and guarantee of republican state Govts Article V Amendment Process Article VI the Supremacy Clause Article VII the Ratification Process

The Anti-Federalists

George Mason

Opposed to the new Constitution Main concerns: too much power to central government Patrick Henry undemocratic no Bill of Rights State power weakened the Supreme Court

Ratification of the Constitution

The New York Convention

Hamilton, Madison and John Jay write the Federalist Papers in support of the document

The Amendment Process - Formal

Article V: The Congress, whenever (1) two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, (2) on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when (3) ratified by the legislatures of three fourths of the several states, or by (4) conventions in three fourths thereof

The Amendments

The Amendment Process - Informal

Judicial Interpretations Federal courts and/or the Supreme Court use of precedents and interpretation of law Marbury v. Madison the role of the courts is to interpret the Constitution and the law (judicial review)

The Amendment Process - Informal

Current political practices and Customs Constitution silent on political activities Examples: political parties the Cabinet structure of government elections/campaigns

Executive Action Presidential actions have produced a number of important informal amendments, such as the use of the military under the power of commander in chief. An executive agreement is a pact made by the President directly with the head of a foreign state.

The Amendment Process - Informal The Elastic Clause

Clause 18. The Congress shall have Power To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by the Constitution in the Government of the United States, or in any Department or Officer thereof. Gives the government powers not specifically authorized in the Constitution, as long as not in violation of it

The Amendment Process - Informal

Growing demands of the government: Social welfare Homeland security Economic stability

Increased Democratization
Expanded participation political process: 14th Amendment citizenship for exslaves 15th voting rights for black Americans 17th direct election of senators 19th voting rights for broads 24th elimination of the poll tax 26th voting age lowered to 18

Increased Civil Rights and Liberties

Expansion through formal and informal means: 1st Amendment the four freedoms 2nd the right to bear arms 4th protections against unlawful search and seizure 5th protections against self-incrimination, double jeopardy 6th - right to jury trials, confrontation of witnesses

Increased Civil Rights and Liberties

7th trial by jury in civil cases 8th protections against cruel and unusual punishment 13th abolition of slavery involuntary servitude 14th due process of law for all citizens Informal The use of courts and judicial precedents i.e. Brown v. Topeka Board of Education Gideon v. Wainwright