THE CONSTITUTION

Chapter 3

Newman Essays!US Constitution

Identify four major weaknesses inherent within the Articles of Confederation.ORWhat was the goal of the US Constitution? Why did it replace the Articles of Confederation?

2

Newman ESSAY #1

• These need to be typed.

• Approximately 2 pages double spaced 12 point Times New Roman usually gets the job done.

• Newman evaluates all of these so very important to do your very best job.

• See the next 2 slides for some guidance. Put into your own words and expand on each point.

3

4

Constitution

Q: Identify four major weaknesses inherent within the Articles of Confederation.

1. Congress lacked the power to tax, so there was no for the federal government to earn

money. Congress could only requisition funds from the states. The states, however, failed to

respond to the requests. Congress had no way to enforce the “request”, so the federal

government was virtually broke after the Revolutionary War.

2. Congress lacked the power to regulate commerce. As a result, certain treaties reached

between the United States and foreign countries could not be enforced. Therefore, nations

exploited this weakness by imposing restrictions on trade, which made it difficult to export

goods.

3. Congress lacked real authority over the states. As a result, the states did not cooperate with

each other. This led to trading practices that would hurt one another. Instead of acting as a

confederation, each state looked out for its own interests, which led to essentially thirteen

separate countries.

4. Congress lacked authority to make changes on its own. Any exercise of national authority

required the approval of nine states. Any amendment to the Articles required a unanimous

vote of all thirteen states. Because of the conflict between the states, getting nine states to

agree to an exercise of national authority was rare and unanimity for an amendment never

occurred.

Exceeds expectations Identifies all four points and provides full discussion on all four points

Meets expectations Identifies three points with moderate discussion

Does NOT meet expectations Only identifies two or fewer points with little or no discussion

5

Constitution Q: What was the goal of the U.S. Constitution? Why did it replace the Articles of

Confederation? One basic goal of the Constitution was to unify states by creating one

national government without giving too much power to one person or

entity. The Articles really exposed the fact that the national

government could not operate effectively if the states continued to

look out for their own individual interests.

Another basic goal of the Constitution was to safeguard individual

rights. As a result, the Constitution created three branches of

government. This corrected the problems the Articles of Confederation

created by giving each branch some authority, but also allowing for

each branch to “check” the other.

The Constitution grants certain powers to the executive, judicial and

legislative branches of government. Any powers not granted to one of

the three branches are reserved to the states.

The Articles were created by the states. As a result, Congress was

controlled by the states. This led to Congress having little to no

authority to do anything or change anything. If the states did not

respond to Congress’ requests, Congress had no authority to exact

sanctions or consequences against the states.

The Constitution gave the national government supremacy. Along with

the Constitution itself, the laws enacted under the Constitution, and

any treaties entered into become the supreme law of the land.

Exceeds expectations Identifies all five points or discusses at least four of them

in much more depth than most students Meets expectations Identifies four solid points or at least discusses three

points in depth Does NOT meet expectations

Only identifies three or fewer points with little or no discussion

6

Ch. 3 Scenario 1:

Page 51-52 Scenario:

What similarities does

the European Union’s

task of creating a

Constitution share

with the United States’

efforts in 1787?

What are the

differences between

the two?

Answer in a

paragraph.

The Revolutionary Roots of the Constitution

Only 4300 words (original) – shortest

The Constitution is the supreme law of the land

Establishes three branches of government and describes their powers

Outlines interactions between the government and those governed

Defines relationship between national government and the states 7

The Longevity of Constitutions

U. S. has world’s oldest (?) constitution –ratified in 1789 (single document)

Average duration is 17 years

Constitutional durability comes from:

An open, participatory process

A tendency to be specific

A tendency to be flexible through interpretation and amendment

8

The Lifespan of Written Constitutions

9

Freedom in Colonial America

American colonists had more freedoms than those living in most other countries Landowners controlled and could sell

property

Religious choice not mandated nor payments to a church required

No wage ceilings or professional guilds

Almost complete freedom of speech, press, and assembly

10

The Road to Revolution

British Parliament believed colonists should pay for administration of colonies

Costly because of wars to protect them (French/Indians)

Colonists disagreed, especially since had no representation in Parliament

NO taxation without representation!11

Road to Revolution Sons of Liberty and Daughters of Liberty

organized various kinds of opposition

Destroyed taxed items

Only used American to oppose

Boston Tea Party resulted in imposition of Coercive/Intolerable Acts, escalating conflict

British wanted order

America wanted freedom

12Original Sons of

Liberty flag

Uniquely American Protest

13

• Tar and Feather used

on the Stamp Act tax

collector.

• Notice the Tea Party

in the background.

• Also note the “Stamp

Act” upside down on

the “Liberty Tree.”

First Continental Congress

Met in Philadelphia in September 1774

All colonies except Georgia sent delegates (needed British protection from Indian attacks)

Objective was to restore harmony with Great Britain

Delegates adopted a statement of rights and principles in October

Later formed basis for Declaration of Independence and Constitution

14Carpenters’ Hall

Second Continental Congress

May 1775

Response to April 19, 1775 battle at Lexington and Concord

Prepare for war

Served as government for colonies

Declaration of Independence

15

The Declaration of Independence

Principles rooted in writings of John Locke

Thomas Jefferson

July 4, 1776

Government there to protect God-given, inalienable rights

Social contract theory – consent of governed

People have right to revolt if government denying basic rights

16Page A-1 in book

Declaration of Independence Writing Assignment

You and a partner will be re-writing the Declaration in another style of writing:

Redneck

Valley Girl

Mad Scientist

Robot

Romantic

Any other approved idea

17

Your rewritten Declaration MUST include the major ideas from the original version.

You are still the colonies in American declaring independence from England. You’re just doing it a little differently.

You must include at least five grievances (complaints) against King George.

See Handout for more details.

18

TREASON

Signing the Declaration was treason

Punishment:

Hanging and Drawing & Quartering In England, the punishment of being "hanged, drawn and quartered" was

typically used for men convicted of high treason. This referred to the practice of drawing a man by a hurdle (similar to a fence) through the streets, removing him from the hurdle and hanging him from the neck (but removing him before death), disemboweling him slowly on a wooden block by slitting open his abdomen, removing his entrails and his other organs, and then decapitating him and dividing the body into four pieces. The man's head and quarters would often be parboiled and displayed as a warning to others. As part of the disembowelment, the man was also typically castrated and his genitals and entrails would be burned.

A matter of life and death! 19

Second Continental Congress

Approved Declaration of Independence on July 4, 1776

War of Independence began April 19, 1775 and ended on October 19, 1781

Britain at a disadvantage because of distance from conflict and because Americans fighting for defense of their liberty

20

Some Revolutionary War Interesting Facts

Catholics had tough choice on whom to support

Greater % of population died/wounded than any other U.S. conflict other than Civil War

1 in 5 colonists remained loyal to Britain

Loyalists property/rights taken after the war

21

From Revolution to Confederation

Left without a central government, colonists formed a confederation of states

Wanted a central government with very limited powers States retain sovereignty. Each state has

supreme power within its borders.

Articles of Confederation adopted November 15, 1777Took effect March 1, 1781

22

Articles of Confederation First govt of U.S.

States retained sovereignty (supreme power)

Each state had one vote in Congress

Votes on important issues required agreement of at least 9 of 13 states

National government largely powerless

Thought a strong central govt would resemble British rule 23

4 Main reasons:

1. National government did not have power to tax Congress had to plead for $ from states

2. No provision for independent leadership to direct government's operations Basically no President, a

deliberate omission

Why did the Confederation fail?

24

Why did the Confederation fail?

3. National government could not regulate interstate and foreign commerce

When John Adams proposed the confederation enter into commercial treaty with Britain after the war, he was asked ‘Would you like 1 treaty or 13?”

Remember that states were sovereign

4. Amendments to Articles had to be unanimous

Each state could veto any changes25

Disorder Under the Confederation

After the war, Americans imported many new goods

This resulted in high personal debt levels; combined with high taxes, many went bankrupt

In Massachusetts, farmers rebelled Known as Shays’ rebellion

National government unable to respond due to lack of funds Showed weakness of Articles. Stronger central govt needed!

26

From Confederation to Constitution

National government’s inability to keep order led some to propose amendments to Articles of Confederation

Delegates from 13 states met in Philadelphia in May 1787

Actual purpose was to write new constitution – kept secret

27Independence Hall (State House)

Philadelphia Convention aka Federal Convention aka

Constitutional Convention

12 of 13 states sent delegates (RI exception)

55 delegates showed up; no more than 30 at one time

Such a grouping of men will never be seen again

Highly educated

Politically savvy

Secretive

28

Attending:

James Madison

George Washington

Alexander Hamilton

Benjamin Franklin

Edmund Randolph

Roger Sherman

NOT attending:

Thomas Jefferson

John Adams

Patrick Henry

John Hancock

Samuel Adams

The Virginia Plan Proposed by James Madison/Edmund

Randolph

Decided to create new constitution instead of amending Articles

Strong national government

National government would be able to override state laws

29

James Madison, Father of the Constitution

30

Although he dismissed the

accolade “Father of the

Constitution,” Madison

deserved it more than

anyone else. He exercised

a powerful influence in

debates (and was on the

losing side of more than half

of them).

The Virginia Plan Three branches of government Two legislative houses, with one elected by people

and one appointed by states Representation in legislature based either on

population or taxes paid Single executive appointed by legislature National judiciary with one or more supreme courts;

judges appointed for life Executive and judges could veto acts of legislature Greater power for national government Could override state laws

31

The New Jersey Plan Small states opposed Virginia Plan’s

legislature based on population

Alternate proposal: Single chamber legislature with power to

regulate commerce and raise revenue

Equal representation for each state in legislature

Multiperson executive, with no veto power

Supreme tribunal with limited jurisdiction

National laws supreme32

William Paterson

• Did not fix weaknesses of

Articles of Confederation

33

Virginia –

Favored

Large States

New Jersey –

favored small

states

Table 3.1 - Pg. 75

Major Differences Between the Virginia Plan and the New Jersey Plan

34

The Great Compromise Also known as “Connecticut Compromise”

Representation in House based on state POPULATION

Each state to have two senators, selected by state legislatures. EQUAL Representatives

Small states have more power in Senate; large states more power in House

35

2 Population

Compromise on the Presidency

One executive chosen by an electoral college

A state’s electors equal total members in Congress

President is candidate with most electoral votes; Vice President has second most votes

If no majority, House to choose President and Senate Vice President

Procedure changed in 1804 with 12th Amendment

President to serve for four years, no term limits

Two-term limitation set by 22nd Amendment

36

Electoral College Map – 2008 Election

37

“winner take all” Need 270 out of 538

electoral votes to win

2012 Electoral Map

38

Removal of the President

House of Representatives can charge a president with “Treason, Bribery, or other High Crimes and Misdemeanors”

Senate then holds trial on charges; 2/3 majority to convict Chief Justice to preside over trial

Two presidents impeached (Andrew Johnson and Bill Clinton); none convicted and removed from office

39

The Final Product In preamble, the four elements forming the

American political tradition listed:

Creation of a people We the People of the United States (departure from confederation)

Explanation of the reasons for the Constitution In order to form a more perfect Union (A of C was inadequate)

Outline of goals for the government Establish justice, insure domestic tranquility, provide for the

common defence, promote the general welfare, & secure the Blessings of Liberty to ourselves and our Posterity (promote order and freedom)

Establishment of the government Do ordain and establish this Constitution for the U.S. of A. 40

The Basic Principles

Republicanism Form of govt where power resides in people through

representatives (this was new at this scale of govt)

Federalism Division of power between central govt and regional/state

govt.

Separation of powers Each branch is separate but equal

Checks and balances Each branch some scrutiny/control over other branches

41

The Constitution and the Electoral Process

42

What could the

people directly vote

for as far as

members of national

government?

See pg. 67 for the

chart

Framers were afraid

of majority rule

Separation of Powers and Checks and Balances

43

Pg. 68

Green boxes – separation of

powers

Other boxes show checks and

balances

The Articles of the Constitution

Article I: The Legislative Article

Defines bicameral legislature and its operations, duties and qualifications of members

Lists enumerated powers Also has “necessary and proper clause”

Article II: The Executive Article

Establishes executive branch, election procedures, qualifications, and duties and powers

44

The Articles of the Constitution

Article III: The Judicial Article Supreme Court is highest court; Congress to decide

rest

Federal judges serve for life; independent of other branches

The Remaining Articles IV: Treatment of other states’ citizens and addition

of new states (Relations Among the States)

V: Amendments

VI: Supremacy clause, oath of office, national debt

VII: Ratification process: 9/13 states

45

How Many Pens Does It Take to Sign a Bill into Law?

46

The Framer’s Motives

Most important: inability of government to maintain order under the Articles of Confederation

Economic stability also a motive

47

The Slavery Issue

To ensure passage, Constitution essentially condoned slavery

“The Great Compromise” counted slaves as 3/5ths of a person when allocating representation in House

Slave trade not to be ended for 20 years

Slavery not mentioned directly in Constitution

48Nearly 18% of 1790 population

were slaves

All men

created

equal?

Selling the Constitution

To take effect, nine state conventions must ratify

Two groups vied for supporters; formed basis of later political parties

Proponents known as Federalists

Those against new constitution were Antifederalists

49

The Federalist Papers

Eighty-five newspaper articles written to support ratification of Constitution Essays written by James Madison, Alexander

Hamilton, and John Jay under the name of “Publius”

Most famous is Federalist No. 10 about factions; Federalist No. 51 about same issue More diverse the society is, the less likely unjust majority forms

Checks and balances to protect from too much govt power

Antifederalists wrote additional articles under pen names “Brutus” and “Federal Farmer”

50

A Concession: The Bill of Rights

Many citizens unhappy Constitution did not address basic civil liberties

This omission chief barrier to adoption

George Washington proposed adding Bill of Rights after Constitution ratified Over 100 proposed; 12 approved and sent to

states

Ten became part of Constitution in 1791

51

Table 3.2

The Bill of Rights

52

Page 75

53

Ways to remember the Bill of Rights

http://www.youtube.com/watch?v=82DnWqNKqiI

http://www.youtube.com/watch?v=LYG_f-y8-VY

54

The rest of the Amendments

55

Gregory

Watson –

pg. 78

Which

Amendments do

you think are the

most important?

Ratification

Constitution took effect after New Hampshire became ninth state to ratify June 21, 1788

Success of new government guaranteed when New York and Virginia ratified document in July 1788

New govt launched peacefully

56

Constitutional Change

By formal amendment

By judicial interpretation

By political practice

57

The Formal Amendment Process

Two ways to propose; two to ratify

Most frequently used is proposal by 2/3 vote of House and Senate; ratification by vote of ¾ of state legislatures

Congress generally sets seven years as deadline for approval

Most amendments reflect changes in political thinking

58

59

60

61Political protest 1932 – demanding repeal of 18th Amendment

Constitutional Amendments

Since 1787, over 10,000 proposed

Last approved was 27th Amendment, one of the original 12 proposed in 1789

Only six proposed to states not approved

62

Scenario ?: Look up on your device the 6 that

were not passed. Write down a brief synopsis

of what they said.

Proposed Amendments

Equal Rights Amendment 1972

DC Voting Rights 1978

Congressional Apportionment 1789

Titles of Nobility 1810

Corwin Amendment 1861

Child Labor Amendment 1924

Interpretation by the Courts

Concept of judicial review not spelled out in Constitution

In Marbury v. Madison (1803), Supreme Court declared it had power to nullify government acts that conflict with Constitution

In interpreting Constitution, new meaning may be given

64

How to interpret the

2nd Amendment?

(Militia?)

Political Practice

Constitution silent on many issues

Other provisions have fallen out of use

Presidential responses to national crises have enlarged power of presidency

Founders viewed Congress as most powerful branch of government….but now the President is?

65

Originally, electors to vote conscience. Now just a

“rubber stamp.”

An Evaluation of the Constitution

Oldest written national constitution

One of the shortest and most copied

Founders spelled out powers in generalities, allowing for modern interpretations 4300 words. Amendments add another 3100.

Most state constitutions longer and more specific Alabama’s constitution has about ½ the words of the

Bible66

67

Many nations look to U.S. Constitution/Bill of Rights when

embarking on own Constitutions. Free/partially free countries

are increasing in number.

Freedom, Order, and Equality in the Constitution

Constitution balances order and freedom, with little attention to equality

When adopted, social equality not considered to be objective of government

Political equality also not addressed; later amendments expanded suffrage

16th Amendment – income tax. Social equality.

68

The Constitution and Models of Democracy

U.S. Constitution follows pluralist model of democracy

Federalist No. 10’s factions

Federalist No. 51’s explanation of how separation of powers and checks and balances protect against majority rule

U.S. government has no single center of government power Separation of powers/checks and balances 69

Newman ESSAY #1

• These need to be typed.

• Approximately 2 pages double spaced 12 point Times New Roman usually gets the job done.

• Newman evaluates all of these so very important to do your very best job.

• See the next 2 slides for some guidance. Put into your own words and expand on each point.

70

71

Constitution

Q: Identify four major weaknesses inherent within the Articles of Confederation.

1. Congress lacked the power to tax, so there was no for the federal government to earn

money. Congress could only requisition funds from the states. The states, however, failed to

respond to the requests. Congress had no way to enforce the “request”, so the federal

government was virtually broke after the Revolutionary War.

2. Congress lacked the power to regulate commerce. As a result, certain treaties reached

between the United States and foreign countries could not be enforced. Therefore, nations

exploited this weakness by imposing restrictions on trade, which made it difficult to export

goods.

3. Congress lacked real authority over the states. As a result, the states did not cooperate with

each other. This led to trading practices that would hurt one another. Instead of acting as a

confederation, each state looked out for its own interests, which led to essentially thirteen

separate countries.

4. Congress lacked authority to make changes on its own. Any exercise of national authority

required the approval of nine states. Any amendment to the Articles required a unanimous

vote of all thirteen states. Because of the conflict between the states, getting nine states to

agree to an exercise of national authority was rare and unanimity for an amendment never

occurred.

Exceeds expectations Identifies all four points and provides full discussion on all four points

Meets expectations Identifies three points with moderate discussion

Does NOT meet expectations Only identifies two or fewer points with little or no discussion

72

Constitution Q: What was the goal of the U.S. Constitution? Why did it replace the Articles of

Confederation? One basic goal of the Constitution was to unify states by creating one

national government without giving too much power to one person or

entity. The Articles really exposed the fact that the national

government could not operate effectively if the states continued to

look out for their own individual interests.

Another basic goal of the Constitution was to safeguard individual

rights. As a result, the Constitution created three branches of

government. This corrected the problems the Articles of Confederation

created by giving each branch some authority, but also allowing for

each branch to “check” the other.

The Constitution grants certain powers to the executive, judicial and

legislative branches of government. Any powers not granted to one of

the three branches are reserved to the states.

The Articles were created by the states. As a result, Congress was

controlled by the states. This led to Congress having little to no

authority to do anything or change anything. If the states did not

respond to Congress’ requests, Congress had no authority to exact

sanctions or consequences against the states.

The Constitution gave the national government supremacy. Along with

the Constitution itself, the laws enacted under the Constitution, and

any treaties entered into become the supreme law of the land.

Exceeds expectations Identifies all five points or discusses at least four of them

in much more depth than most students Meets expectations Identifies four solid points or at least discusses three

points in depth Does NOT meet expectations

Only identifies three or fewer points with little or no discussion