Chapter 1The Constitution

• What is a Constitution?• U.S. Constitution - Part I• U.S. Constitution - Part II

• Make Up of the U.S. Constitution• Judicial Review of Constitution

Constitutionalism

• A charter establishing the principles of fundamental law which governs a political society.

• The British Constitution - our example• The U. S. Constitution

– outlines organization of national government– grants power to different branches– limits powers of government– symbol of national political values

British Political Legacy• Magna Carta - 1215

– Protection of life, liberty, and property– Trial by peers– Taxation with Parliaments approval

• Petition of Rights - 1628– Prohibits imprisoning political opposition

(habeas corpus)– Crown must obey laws

• Bill of Rights - 1689– Crown cannot interfere in elections– Parliamentary approval to raise army– Crown has to rule with consent of Parliament

Colonial Tax and Trade Policy

• Seven Years War (French and Indian War) - 1754 to 1763

• Changes in British tax and trade policy became necessary after war.

• Britain needed to find new sources of income to pay off growing national debt.

“No Taxation Without Representation”

• These words stirred a generation of Americans to action against their own government.

• Opposition to changes in British tax and trade policies were challenged by the colonists on the grounds that the colonies had no representatives in the British Parliament.

Tax and Trade Policy• The Stamp Act of 1765 and the Sugar Act of

1764 were met with opposition by the New England merchants and Southern planters.

• Quartering Act of 1765.• More taxes on commodities including tea

occur in 1767.• Boston Massacre - 1770.• Burning of the Gaspee - 1772.• Boston Tea Party - 1773.

Tax and Trade Policy• The British response to colonial opposition only

strengthened colonial resistance.

• “Intolerable Acts”– Closed Boston Harbor,

– Restructured Massachusetts government,

– Restricted town meetings,

– Forced quartering of troops,

– Trials in England or Canada.

• These 1774 “Coercive Acts” led to a call for a boycott, the Battles of Lexington and Concord.

First Continental Congress

• “Association of 1774” is formed

• 9/5/1774 - 10/26/1774

• Ban and boycott of British goods.

• British troops fortify Boston area.

• Battle of Lexington and Concord occur 4/19/1775.

Second Continental Congress• 5/10/1775 to 3/2/1789• John Hancock elected first President.• Militia’s declared full army.• Battle of Bunker Hill – 6/17/1775.• George Washington selected as CinC

– Arrives in Boston area in July 1775– Colonial militias arrive to support Massachusetts

• Sent the Olive Branch Petition – primary concern still a peaceful settlement.

• Established -– Committee of Whole– Board of War– Committee on Foreign Affairs– Committee on Spies– Committee of Five.

• Suggested colonies write state constitutions.• “Common Sense” – Thomas Paine

The Declaration of Independence

• Committee of Five - Jefferson, Adams, Franklin, Sherman, Livingston

• Human beings are inherently equal

• Government is created by and servant of “the people”

• Natural human rights is the higher law binding government powers

• Government are bound by their own laws

The Articles of Confederation

• Creates our first constitutional government in November of 1777.

• Better known for the lack of powers given to the national government.

• Congress of the Confederation – central governing body.

• One state one vote, no executive branch, no authority over states, no economic controls, national government had foreign policy powers.

• Lasted only 12 years.

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Weaknesses in the Articles of Confederation

The Articles of Confederation:International - Financial Crisis• The inability of the Articles of

Confederation to tax resulted in a weakening of bonds.

• Trade wars erupted between the states.• Inflation resulted from each state printing

currency.• An economic and political crisis developed.

The Articles of Confederation:Shays’s Rebellion

• An individual was more likely to be imprisoned for debt than for any other crime.

• Daniel Shays led a rebellion of debtors in Massachusetts in the August of 1786.

• The rebellion demonstrated need for stronger government.

The Articles of Confederation:The Annapolis Convention

• The crisis led to a meeting in Annapolis in the fall of 1786.

• At the convention, delegates agreed to meet in Philadelphia one year later to discuss revising the Articles of Confederation.

End of the Confederation

• Insufficient power at national level

• Too much power at the state level

• Northwest Ordinance (June 1787)– planned future new states to west– basis for public education system– banned slavery in new territory

The Constitutional Convention:A Marriage of Interest and

Principle• Delegates met beginning in May 1787.

• Delegates represented the elite in American society.

• “Expressed purpose” – revise Articles.

• Problem - how to give national government more power while protecting sovereign interests of all states, big and small.

The Constitutional Convention:Conflict and Compromise

• The Virginia Plan favored states with large populations.

• The New Jersey Plan favored the smaller states.

• The Connecticut Plan - the “Great Compromise” reached a over representation.

The Constitutional Convention:Conflict and Compromise

• The Virginia Plan favored states with large populations.

• The New Jersey Plan favored the smaller states.

• The Connecticut Plan - the “Great Compromise” reached a over representation.– Bicameral legislature

• House of Representatives based on population• Senate with equal representation

Colony Free White Other Free Slave

New Hampshire 141,097 630 158Massachusetts 373,324 5,463 noneRhode Island 64,470 3,407 948Connecticut 232,674 2,808 2,764

New York 314,142 4,654 21,324New Jersey 169,954 2,762 11,423

Pennsylvania 424,099 6,537 3,737Delaware 46,310 3,899 8,887Maryland 208,649 8,043 103,036Virginia 442,117 12,866 292,627

North Carolina 288,204 4,975 100,572South Carolina 140,178 1,801 107,094

Georgia 52,886 398 29,264

The Constitutional Convention:The Question of Slavery

• Were the slaves to be counted for representation purposes?

• The Three-fifths Compromise resolved the issue of how to count the slaves for purposes of representation and taxation

• Twenty year moratorium (1808) on slave importing

Federalists vs. Antifederalists

• These two groups debated the necessity and design of the new and stronger central government on the following grounds:

— representation,

— tyranny of the majority,

— the scope of governmental power.

Ratification Battle• Federalists

– Elites favoring oligarchy feared “excessive democracy”.

• Strong national government

• “Federalist Papers”– Alexander Hamilton– John Jay– James Madison

• Antifederalists

– Small farmer and shopkeepers wanted government close to people.

• Stronger state governments and protection of liberties

– Samuel Adams

– Patrick Henry

The Compromise• The Bill of Rights• First 12 amendments to Constitution• Constitution sent to States – Sept 1787.• Delaware ratified in December of 1787.• New Hampshire (9th State to ratified) - June

1788.• Bill of Rights proposed by Congress in

September 1789.• Rhode Island ratified in May of 1790.• Bill of Rights (only first 10) ratified by 9 states

by December 1791.

Constitutional Principles

• Limited government

• Popular sovereignty

• Federalism

• Checks and Balances by Separating the Power of each branch

• Bill of Rights

Preamble

• We the People of the United States,

• In order to form a more perfect Union,

• Establish Justice,

• Insure domestic Tranquility,

• Provide for the common defense,

• Promote the general Welfare, and

• Secure the Blessings of Liberty

Constitutional Structure• Article I - Creates legislative branch• Article II - Creates executive branch• Article III - Creates judicial branch• Article IV - Defines state relations• Article V - Defines how to amend the

Constitution• Article VI - Defines national debt and supremacy• Article VII - Ratification

The Constitution:The Legislative Branch

• Bicameral

• House– 65 (435) members

– Two year terms

– Elected by the people

• Senate– 26 (100) members

– Six year terms

– Selected by state legislatures

The Constitution:Legislative Branch

• House members were to be elected directly by the voters.

• Designed to encourage popular control over the legislative process

• Senators initially chosen by the state legislatures.

• Designed to insulate Senate from voters

• The 17th Amendment (1913) direct election of U.S. senators.

The Constitution:Legislative Branch

• Article I, Sec. 8, spells out the enumerated or delegated powers of the United States government, including the power to collect taxes and regulate commerce.

• Impeachment –House (impeaches) and Senate (tries) Roles (Articles I & II)

• The necessary and proper clause provides Congress with greater latitude in exercising its Article I, Sec. 8, powers.

The Constitution:Executive Branch

• Article II creates the presidency.

• President is to be elected through an electoral college that insulates the office from Congress and the masses.

• Powers of the president are rather vague and ambiguous.

The Constitution:Judicial Branch

• Article III creates the U. S. Supreme Court.

• Judges are appointed by the president with the advice and consent of the U.S. Senate.

Judicial Review

• Power of the Supreme Court to interpret national and state policy/laws to determine if they are constitutional.

• Kentucky and Virginia resolutions - 1798

• Marbury v. Madison - 1803

The Constitution:National Unity and Power

• Article IV provides that the civil acts of one state shall be recognized by all the states (marriages, divorces, etc.).

• Article VI, the supremacy clause, provides that the Constitution and laws of the United States enacted pursuant to constitutional authority are the supreme law of the land.

The Constitution:Limits on Government Power

• The Constitution attempts to limit the power of the national government through

— separation of powers with a system of checks and balances,

— Federalism,

— The Bill of Rights.

Separation of Powers

Article V - Changing the Constitution -Amendments:

Many are Called, Few are Chosen

• Amending the Constitution is a lengthy and difficult process.

• Between 1789 and 1996, more than 11,000 amendments have been offered/introduced in Congress.

• Only twenty-seven have been ratified.

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The Formal Constitutional Amending Procedure