Chapter 3Chapter 3The Constitution

The Colonial The Colonial BackgroundBackground

• Separatists were dissatisfied with the Church of England and sought a place where they could practice their religious beliefs. (1621)

• The compact they formed set forth the idea of consent of the governed.

• In 1763, the British Parliament began to pass laws that treated the colonies as a unit. The major reason for these laws was to raise revenue to help pay off the war debt incurred during the French and Indian Wars (1756–1763).

11stst Continental Continental CongressCongress

• Meeting of the Colonists to determine what demands to make of Britain– Own councils for imposition of taxes– End to British Military occupation– Trial by local jury

• Demands were rejected, leading to the “shot heard round the world”

Declaration of Declaration of IndependenceIndependence

• Declaration of Independence– The document announcing the

intention of the colonies to separate from Great Britain based on shared grievances about the treatment of the colonists by the British Government.

Declaration of Declaration of IndependenceIndependence

• Written by Thomas Jefferson, influenced by John Locke

• Natural Rights- Rights inherent in the essence of

people as human beings. Government does not provide these rights but can restrict the exercise of them.

Birth of a nationBirth of a nation

• Nation– A shared sense of understanding and

belonging among a people, that they are different and separate from other peoples…and that they have a right to self government over a defined territory.

Articles of Articles of ConfederationConfederation

• Articles of Confederation– The first constitution of the United

States, which based most power in the states.

Articles of Articles of ConfederationConfederation

• “Loose association of independent states”– Each state retained its “sovereignty,

freedom and independence”– National Congress created, but the

states had most control– People considered themselves citizens

of their respective state, and not “Americans”

Articles of Articles of ConfederationConfederation

• Congress lacked the power to:– Control foreign relations or compel states to

respect treaties– Compel states to meet military quotas– Regulate commerce between states– Tax the people– Compel states to pay their share of

government costs– Maintain a sound money system or issue

paper money

Crafting a ConstitutionCrafting a Constitution

• Virginia Plan– Called for a two house legislature with

representation based on state populations

• New Jersey Plan– Called for equal representation in a

legislature with just one house

Crafting a ConstitutionCrafting a Constitution

• Great Compromise– A way to compromise on legislative

representation– Creates a Bicameral (two house)

legislature• House of Representatives whereby

representatives are elected based on state population of free citizens and 3/5 of all slaves (Three Fifths Compromise)

• Senate, whereby each state gets two representatives.

Crafting a ConstitutionCrafting a Constitution

• The Madisonian Model– Separation of Powers

• Principle that the executive, legislative, and judicial functions of government should be primarily performed by different institutions

– Checks and Balances• Principle that each branch of government

has the means to thwart or influence actions by the other branches

Checks and BalancesChecks and Balances

Crafting a ConstitutionCrafting a Constitution

• Federalism– Form of government that distributes

power across a national government and sub national governments

• Supremacy Clause– Clause of the Constitution that

declares national laws and treaties as supreme over state laws.

Crafting a ConstitutionCrafting a Constitution

• Full faith and credit clause– Clause in the Constitution stating that

states are to honor the official acts of other states.

• Privileges and immunities clause– Clause in the Constitution stating that

states are to treat equally their own citizens and the citizens of other states.

Two sides to the Two sides to the argumentargument

• Federalists– Individuals who supported the

proposed Constitution and a strong national government.

• Anti Federalists– Individuals opposed to the proposed

Constitution, fearing it concentrated too much power in the national government.

RatificationRatification

• 9 of 13 states were required for ratification

• Delaware was the first to ratify. New Hampshire was the 9th

• Virginia and New York were 10th and 11th, but were the most powerful

• Rhode Island was the final state.

Bill of RightsBill of Rights

• A “Bill of Limits” on government power• First ten Amendments to the

Constitution• No explicit limits on state government

powers• Came after the actual Constitution was

written• Many states would not ratify without the

promise of this Bill of Rights.

Amending the Amending the ConstitutionConstitution

The ConstitutionThe Constitution

• Preamble– “We the People”

• Article I– Legislative Branch

• Article II– Executive Branch

The ConstitutionThe Constitution

• Article III– Judicial Branch

• Article IV– Relations among States

• Article V– Amendments to the Constitution

The ConstitutionThe Constitution

• Article VI– Supremacy Clause

• Article VII– Ratification

The ConstitutionThe Constitution

• Amendment I– Speech, Petition, Press, Assembly,

Religion

• Amendment II– Militia and Right to Bear Arms

• Amendment III– Quartering of Soldiers

The ConstitutionThe Constitution

• Amendment IV– Searches and Seizures

• Amendment V– Due Process of Law

• Amendment VI– Criminal Court Procedures

The ConstitutionThe Constitution

• Amendment VII– Trial by Jury in Civil Cases

• Amendment VIII– Bail and “Cruel and Unusual”

Punishment

• Amendment IX– Rights Retained by the People

The ConstitutionThe Constitution

• Amendment X– Reserved Powers of the States

• Amendment XI– Suits Against States

• Amendment XII– Election of the President

The ConstitutionThe Constitution

• Amendment XIII– Prohibition of Slavery

• Amendment XIV– Citizenship, Equal Protection, Due

Process

• Amendment XV– The Right to Vote

The ConstitutionThe Constitution

• Amendment XVI– Income Tax

• Amendment XVII– Popular Election of Senators

• Amendment XVIII– Prohibition of Alcohol

The ConstitutionThe Constitution

• Amendment XIX– Women’s Right to vote

• Amendment XX– Time of taking office (lame duck

amendment)

• Amendment XXI– Repeal of Prohibition

The ConstitutionThe Constitution

• Amendment XXII– Limits on Presidential Terms

• Amendment XXIII– Electors for District of Columbia

• Amendment XXIV– Anti-poll tax amendment

The ConstitutionThe Constitution

• Amendment XXV– Vacancies of the President or Vice

President

• Amendment XXVI– Voting Rights for 18 year old

• Amendment XXVII– Congressional Pay