Constitution of the U.S.A

Articles of Confederation – 1777 (ratified 1781)

• Confederation – each state a sovereign entity loosely connected to other States and to the central government

• weak central government• legislative power – Congress

– changes to the articles to be taken unanimously– legislation requires majority of 9 out of 13 States

• executive power – Congress – practically does not exist• no common judicial power• no power to collect taxes• no common currency• great national debt

– Shay's Rebellion• Successes:

– Land Ordinance (1785)– Northwest Ordinance (1787)

Land Ordinance (1785)

• establishes Public Land Survey System

• creates square "townships" – 6 miles on a side

• each township divided into 36 sections 1 mile on a side each

• sections further divided and sold to private owners

• section 16 – for educational purposes

Northwest Ordinance (1787)• establishes the Northwest

Territory• regulates westward

territorial expansion• regulates how new states

may be admitted to the Union

• regulates how territorial governments are to be formed

• prohibits slavery in the Nortwest Territory

Philadelphia Convention (The Constitutional Convention) (1787)

Scene at the Signing of the Constitution of the United States by Howard Chandler Christy.

Sectional interests

• large states vs. small states– large states opt for a proportional distibution of votes

in Congress (proportional representation)– small states opt for minor revisions in the Articles of

Confederation and equal distribution of votes in Congress (representation by the participation in the Union)

• slave states vs. free states– slave states opt for slaves to be counted as the

state's population for the purposes of allocating congressional votes

– free states opt for slaves to be counted as the state's population forthe purposes of imposing taxes

Virginia Plan

• bicameral legislature• separation of powers

(following the political thought of John Locke)– legislative branch– executive branch– judicial branch

• proportional representation in both houses of the parliament according to population or direct taxes payed

James Madison

New Jersey Plan

• unicameral legislature

• equal distribution of votes – each state given one vote

• stresses the sovereignty of the states as independent entities

Hamilton Plan (New York Plan, British Plan)

• no state sovereignty – the states are to create to a single nation

• bicameral legislature, the lower house elected by the people for three years. The upper house would be elected by electors chosen by the people and would serve for life

• executive power – the Governor elected by electors for a life-term of service, with an absolute veto over bills

• State governors appointed by the national legislature

• national legislature has veto power over any state legislation

• the plan gets one vote, yet showed the importance of a compromise

Alexander Hamilton

Connecticut Compromise, The Great Compromise, Sherman's

Compromise)• bicameral parliament• proportional respresentation for

the lower house (House of Representatives)

• Equal distribution of votes for the upper house (Senate) – two seats for each state

• Members of the Senate elected by State legislatures (later changed by the 17th Amendment)

Roger Sherman

Three-Fifths Compromise

• slaves to be counted both for the purposes of allocating congressional seats and for imposing taxes as 3/5ths of a white person

• slave can be abolished no sooner than in 1808• effects:

– increase of power of southern states due to the "slave votes"

– e.g. in 1793 47 southern seats in House of Representatives (without 3/5ths Compromise the South would have got 33 seats). In 1812 – 79 seats (59), in 1833 – 98 seats (73)

Ratification Process• The Constituion to be ratified by at least nine

states by specially created state conventions (controversy – Articles of Confederation required unanimous decisions for amendments)

• Federalists and Antifederalists• The Federalist Papers (Alexander Hamilton,

James Madison, John Jay)• violent ratification process• Delaware ratifies as the first state (1787)• The ninth state to ratify is New Hampshire

(1789)• The last to ratify – Rhode Island (1790)• Virginia (by two votes) and New York (by three

votes) ratify the Constitution under the condition that a Bill of Rights modelled after the Constitution of Virginia will be added to the Constitution

Bill of Rights (10 first amendments to the Constitution)

• enumerates civil rights and limitations of federal authorities

• freedom of speech, religion and assembly• right to keep and carry firearms and

organize militia• protection from quartering ot troops• protection from unreasonable searches and

seizures• protection from self-incrimination• protection from double jeopardy• right to due process of law to a fair trial and

to a trial by a jury in civil trials• protection from cruel and unusual

punishment• provision for possible extension of civil

rights

Bill of Rights• * First Amendment – Establishment Clause, Free Exercise Clause; freedom of speech, of the

press, Freedom of Religion, and of assembly; right to petition,• Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise

thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

• * Second Amendment – Militia (United States), Sovereign state, Right to keep and bear arms.• A well regulated Militia, being necessary to the security of a free State, the right of the People to keep

and bear Arms, shall not be infringed.

• * Third Amendment – Protection from quartering of troops.• No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in

time of war, but in a manner to be prescribed by law.

• * Fourth Amendment – Protection from unreasonable search and seizure.• The right of the people to be secure in their persons, houses, papers, and effects, against

unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

• * Fifth Amendment – due process, double jeopardy, self-incrimination, eminent domain.• No person shall be held to answer for any capital, or otherwise infamous crime, unless on a

presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Bill of Rights• * Sixth Amendment – Trial by jury and rights of the accused; Confrontation Clause, speedy

trial, public trial, right to counsel• In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an

impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

• * Seventh Amendment – Civil trial by jury.• In suits at common law, where the value in controversy shall exceed twenty dollars, the right of

trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.

• * Eighth Amendment – Prohibition of excessive bail and cruel and unusual punishment.• Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual

punishments inflicted.

• * Ninth Amendment – Protection of rights not specifically enumerated in the Bill of Rights.

• The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

• * Tenth Amendment – Powers of States and people.• The powers not delegated to the United States by the Constitution, nor prohibited by it to the

States, are reserved to the States respectively, or to the people.

A Living Constitution

• changes to the Constitution– Constitutional amendments

• currently 27 amendments• each amendment needs to be ratified b the required three-

quarters of state legislatures (six proposed amendments have failed ratification)

– Case law Court rulings– practice and tradition

• e.g. number of presidential terms (establised as maximum of 2 terms only in 1951 with the 22 amendment

• e.g. the cabinet established by the President

Shape of the American Government

• federal republic– federal government– state government– local government

• division of powers• federal law• state law• local law

• separation of powers– legislative branch – Congress– executive branch – President of the U.S.A.– judicial branch – Federal Courts (Supreme Court)

• checks and balances

Legislative Branch – The Congress

• bicameral parliament• legislative power and a set of delegated explicit

and implied powers– financial and budgetary matters (budget, taxes,

loans, regulating commerce)– military matters (Congress declares war, raises

the army, and makes laws for the military)– congressional oversight – power to investigate

and to oversee the executive branch – through committees

– power of removal – impeachment of federal officers

• elections every 2 years• House of Representatives

– representatives elected for 2 years – currently 435 representatives

• Senate– Two Senators from each state– Senators elected for a six-year term– every two years 1/3 of the Senators elected– Vice-President is the President of the Senate

Executive Branch – The President of the U.S.A

• number of terms – limited constitutionally to two (1951)

• The President elected for a 4 year term• presidential candidates must be natural born

citizens of the U.S.A.• must be at least 35 years of age• must be a resident for 14 years• traditionally forms the cabinet (Secretaries)• executes the federal law• accepts (signs) or vetoes federal legislation –

veto can be overridden by a 2/3rds majority vote in both houses

• conducts foreing policy• commander-in-chief• nominates judges of federal courts (including

the Supreme Court Justices)• may grant presidential pardon

Judicial Branch – Federal Courts

• United States district courts (currently 94 districts)

• United States Circuit Courts of Appeals (currently 11 CoA's)

• Supreme Court of the United States– the court of last resort– checks the law and governmental actions

for constitutional inquiries– interprets the Constitution– Chief Justice and eight Associate Justices

nominated by the President, confirmed by the Senate, may be impeached by Congress

– Life tenure terminating upon death, resignation, retirement, or conviction on impeachment

Electoral Process – Presidential elections

• Presidential nominees: party local and state conventions -> primary elections -> Party national conventions

• Election Day – popular vote (Tuesday after the first Monday of November – earliest 2 November – latest 8 November)

– voters vote for electors, all states use a "short ballot", only few require the name of the elector added to the name of the presidential candidate

• electoral collage– electoral votes allocated by the number of represenatives and senators from particular

states– three votes for Washington D.C.– 'winner-takes-all' with the exception of Maine and Nebraska– Nebraska and Maine divide ther Electoral Votes by congressional districts + 2 votes based

on state-wide popular vote– hence – votes in popular election do not have the same 'weight': per-capita Electoral

College representation differs significantly: e.g.: Wyoming vs. California – at a ratio of more than 3:1, yet, some scholars claim the opposite is true (Banzhaf power index)

• Electors cast their votes on the Monday after the second Wednesday in December • 24 states have laws punishing faithless electors• the candidate to win the majority of votes (currently 270) in the Electoral Collage –

wins• Electoral votes counted by a joint session of Congress on January 6

Presidential deadlocks if none of the candidates received the majority of electoral votes

• House of Representatives chooses the President– House of Repr. chooses from three candidates who recieved the greatest number of

electoral votes– Each state delegation votes en bloc - its members have a single vote collectively (and the

District of Columbia does not receive a vote)– A candidate must receive an absolute majority of state delegation votes (currently 26) in

order for that candidate to become the President-elect. – Additionally, delegations from at least two-thirds of all the states must be present for voting

to take place.– The House continues balloting until it elects a President.

• Senate chooses the Vice-President– Senate chooses from two candidates who recieved the greatest number of electoral votes– The Senate votes in the normal manner in this case (i.e., ballots are individually cast by

each Senator, not by state delegations). – Two-thirds of the Senators must be present for voting to take place.– "majority of the whole number" of Senators (currently 51 of 100) is necessary for election.

• If a deadlock continues– If the House of Representatives has not chosen a President-elect in time for the

inauguration (noon on January 20), the Vice President-elect becomes Acting President until the House should select a President. If the winner of the vice presidential election is also not known by then, then the sitting Speaker of the House become Acting President until either the House should select a President or the Senate should select a Vice President.

Electoral Collage

Electoral College map showing the results of the 2008 US presidential election.

Electoral Collage - Controversy

• The elections of 1876, 1888 and 2000 produced an Electoral College winner who did not receive the plurality of the nationwide popular vote– in 2000 – Bush: 271 electoral votes, Gore: 266 EV. Popular

election – Bush: 50,456,002 (47.87%), Gore: 50,999,897 (48.38%)

• weight of individual votes not equal• promotes interests of smaller states (yet highlights the

federal character of the nation)• Presidential campaigns may focus on large swing states

(it's enough to win 11 big states to win the election)• Electoral Collage system promotes big turnouts in swing

states and discourages turnouts in non-swing states