Formulation and Structure of Formulation and Structure of the Constitutionthe Constitution

The Path To IndependenceThe Path To Independence As a result of the French and Indian War As a result of the French and Indian War

(also known as the 7 years war), Britain (also known as the 7 years war), Britain gained extensive new territory in North gained extensive new territory in North AmericaAmerica

The expense of defending this newly won The expense of defending this newly won land, however, was overwhelmingland, however, was overwhelming

Britain, like most governments of the Britain, like most governments of the period, have limited ways to collect period, have limited ways to collect revenues (the income tax had not yet been revenues (the income tax had not yet been developed)developed)

Britain reasoned that the colonists should Britain reasoned that the colonists should share in this burden through tariffs and share in this burden through tariffs and duties (such as the Stamp Act)duties (such as the Stamp Act)

The Path to Independence The Path to Independence American’s respond with American’s respond with

resentment, boycottsresentment, boycotts– New taxes crystallized New taxes crystallized

political and philosophical political and philosophical values that had been values that had been evolving over timeevolving over time

– Colonial leaders were Colonial leaders were heavily influenced by the heavily influenced by the European Enlightenment European Enlightenment (especially John Locke (especially John Locke who argued that who argued that governments exist to governments exist to secure the rights of the secure the rights of the people, and must derive people, and must derive their power from the their power from the consent of the governed)consent of the governed)

Principles vs. InterestsPrinciples vs. Interests

PRINCIPLES:PRINCIPLES:• No taxation without No taxation without

representationrepresentation• Government must Government must

gain its power gain its power through the through the consent of the consent of the governedgoverned

INTERESTS:INTERESTS:• Political and Political and

economic economic dependence on a dependence on a colonial power was colonial power was intolerableintolerable

Evolution of Conflicting Evolution of Conflicting InterestsInterests

As Madison noted in As Madison noted in The FederalistThe Federalist, politics , politics generally involves struggles among conflicting generally involves struggles among conflicting interests. Often, political principles are the interests. Often, political principles are the weapons developed by competing interests to weapons developed by competing interests to further their own cause.further their own cause.

17761776 Pro-revolutionPro-revolution Anti-RevolutionAnti-Revolution

17871787 Federalists Federalists Anti-FederalistsAnti-Federalists

TodayToday DemocractsDemocracts RepublicansRepublicans

Conflict During the Conflict During the Revolution Revolution

Five sectors of society had interests that were Five sectors of society had interests that were important in colonial politics:important in colonial politics:

1.1. New England MerchantsNew England Merchants2.2. Southern PlantersSouthern Planters3.3. ““Royalists” – holders of royal landsRoyalists” – holders of royal lands4.4. Shopkeepers, artisans, laborersShopkeepers, artisans, laborers5.5. Small farmersSmall farmers

The larger of these groups (merchants, planters, The larger of these groups (merchants, planters, royalists), managed to create a political alliance royalists), managed to create a political alliance that kept the more radical groups (shopkeepers, that kept the more radical groups (shopkeepers, laborers, farmers) at bay. laborers, farmers) at bay.

British Policies Encourage British Policies Encourage RadicalismRadicalism

By 1750, however, By 1750, however, British trade and tax British trade and tax policies had so policies had so seriously threatened seriously threatened New England New England merchants and merchants and Southern planters Southern planters that it split the that it split the political elite, political elite, allowing radical allowing radical elements to expand elements to expand their influencetheir influence

The Radicalization of the The Radicalization of the ColonistsColonists

Tariffs such as the Tariffs such as the Stamp Act and Sugar Stamp Act and Sugar Act most heavily Act most heavily affected New England affected New England Merchants and Merchants and Southern PlantersSouthern Planters

With the assistance of With the assistance of shopkeepers, and shopkeepers, and farmers, these groups farmers, these groups organized boycotts organized boycotts and protestsand protests

Events such as the Events such as the Boston Massacre are Boston Massacre are used to further spread used to further spread anti-British sentimentanti-British sentiment

Repeal of Stamp ActRepeal of Stamp Act

• Merchants and Planters see the repeal of Merchants and Planters see the repeal of taxes (such as the Stamp Act) as victory taxes (such as the Stamp Act) as victory and are eager to end the unrest that they and are eager to end the unrest that they had helped to starthad helped to start

• The more radical forces, however, had by The more radical forces, however, had by now become organized and continued to now become organized and continued to agitate for social change within the coloniesagitate for social change within the colonies

• Revolutionaries such as Sam Adams Revolutionaries such as Sam Adams emerge, providing the necessary leadership emerge, providing the necessary leadership and organization to foment rebellionand organization to foment rebellion

The Boston Tea PartyThe Boston Tea Party Merchants hoped the event would encourage Merchants hoped the event would encourage

Britain to repeal Tea ActBritain to repeal Tea Act Revolutionaries such as Sam Adams hoped to Revolutionaries such as Sam Adams hoped to

goad Britain into enacting harsh policies that goad Britain into enacting harsh policies that would anger colonial supporters and pave the would anger colonial supporters and pave the way for rebellionway for rebellion

Britain obliges, responds with a series of tough Britain obliges, responds with a series of tough punishments (Intolerable Acts)punishments (Intolerable Acts)– Parliament considered this their only option. Tolerating Parliament considered this their only option. Tolerating

lawlessness or making concessions would only further lawlessness or making concessions would only further egg on the colonists.egg on the colonists.

– Adams now has the tool he needs to rally support for a Adams now has the tool he needs to rally support for a war against Britainwar against Britain

Declaration of Declaration of IndependenceIndependence

1776 – Second Continental Congress meets, 1776 – Second Continental Congress meets, appoints committee to write Declarationappoints committee to write Declaration

Philosophically, the Declaration is Philosophically, the Declaration is remarkable in its assertion that certain remarkable in its assertion that certain rights are “unalienable”, including life, rights are “unalienable”, including life, liberty and the pursuit of happiness, and in liberty and the pursuit of happiness, and in its repudiation of the “divine right” of Kingsits repudiation of the “divine right” of Kings

Politically, the Declaration identified and Politically, the Declaration identified and focused on problems, grievances and focused on problems, grievances and principles that might unite the various principles that might unite the various colonial factions.colonial factions.

Articles of ConfederationArticles of Confederation• First attempt at Constitutional government by the FoundersFirst attempt at Constitutional government by the Founders• Concerned primarily with limiting the powers of the central Concerned primarily with limiting the powers of the central

governmentgovernment• No executive branch, all federal power located in Congress, No executive branch, all federal power located in Congress,

which could declare war, make treaties, but could not which could declare war, make treaties, but could not tax tax or regulate commerce or regulate commerce between the statesbetween the states

• Members were not much more than delegates or Members were not much more than delegates or messengers from the state legislaturesmessengers from the state legislatures

• Each state had a single voteEach state had a single vote• Congress did have the power to maintain an army, yet it Congress did have the power to maintain an army, yet it

lacked the resources to adequately do itlacked the resources to adequately do it• No court system to settle disputes between statesNo court system to settle disputes between states

Balance of Power In the New Balance of Power In the New NationNation

Competition among the states for foreign Competition among the states for foreign commerce allowed European countries to play the commerce allowed European countries to play the states against each otherstates against each other

Britain negotiated treaties with each of the Britain negotiated treaties with each of the thirteen states rather than the federal thirteen states rather than the federal government, which it claimed was unable to government, which it claimed was unable to enforce existing treatiesenforce existing treaties

Balance of power shifts in America as well – the Balance of power shifts in America as well – the pre-revolutionary elite (royal land and office pre-revolutionary elite (royal land and office holders) are replaced by radicals (farmers, holders) are replaced by radicals (farmers, artisans, shopkeepers), who impose economic artisans, shopkeepers), who impose economic policies that frighten most business owners policies that frighten most business owners (including massive currency inflation)(including massive currency inflation)

The Annapolis Convention The Annapolis Convention (1786)(1786)

Called to discuss revisions to the ArticlesCalled to discuss revisions to the Articles First step towards the “Second Founding”First step towards the “Second Founding” Only five states sent delegatesOnly five states sent delegates Resolution passed that called on Congress Resolution passed that called on Congress

to “devise such further provisions as shall to “devise such further provisions as shall appear to them necessary to render the appear to them necessary to render the Constitution of the Federal Government Constitution of the Federal Government adequate to the exigencies of the Union”adequate to the exigencies of the Union”

Shay’s RebellionShay’s Rebellion Shay and a group of farmers Shay and a group of farmers

staged a rebellion to protest staged a rebellion to protest the loss of their land to the loss of their land to creditorscreditors

The group attacked The group attacked courthouses to prevent courthouses to prevent foreclosures on farmsforeclosures on farms

Neither the Massachusetts Neither the Massachusetts militia nor the national militia nor the national government was able to stop government was able to stop the rebellionthe rebellion

A privately funded force had A privately funded force had to be organized to put an end to be organized to put an end to the fightingto the fighting

This convinced many that This convinced many that bold solutions were needed to bold solutions were needed to mend the country’s post-mend the country’s post-Revolution problemsRevolution problems

The Constitutional Convention The Constitutional Convention (1787)(1787)

29 of 73 Chosen 29 of 73 Chosen delegates meet in delegates meet in Philadelphia to amend Philadelphia to amend the Articles of the Articles of ConfederationConfederation

Faced with political Faced with political strife, international strife, international embarrassment, embarrassment, national weakness and national weakness and local rebellion, local rebellion, delegates commit delegates commit themselves to a second themselves to a second foundingfounding

What Motivated the Founding What Motivated the Founding Fathers?Fathers?

Economic Self-InterestEconomic Self-Interest– ““Beard’s Thesis”, idea put forth by historian Charles Beard’s Thesis”, idea put forth by historian Charles

Beard that American founders were a collection of Beard that American founders were a collection of securities speculators and property owners whose only securities speculators and property owners whose only aim was personal enrichment. aim was personal enrichment.

– The Constitution’s lofty principles were little more than The Constitution’s lofty principles were little more than sophisticated masks behind which the most venal sophisticated masks behind which the most venal interests sought to enrich themselvesinterests sought to enrich themselves

What Motivated the Founding What Motivated the Founding Fathers?Fathers?

Political Principles:Political Principles:– Suggests the framers Suggests the framers werewere concerned concerned

with philosophical and ethical principles with philosophical and ethical principles and sought to devise a system of and sought to devise a system of government consistent with the government consistent with the dominant philosophical and moral dominant philosophical and moral principles of the day principles of the day

In Truth:In Truth: Combination of the two, the founders’ Combination of the two, the founders’ interestsinterests

were reinforced by their were reinforced by their principlesprinciples The Convention was chiefly organized by New The Convention was chiefly organized by New

England merchants and Southern planters, but not England merchants and Southern planters, but not all of the members of these groups hoped to profit all of the members of these groups hoped to profit personally (as Beard would suggest)personally (as Beard would suggest)

The founders did hope to benefit in the broadest The founders did hope to benefit in the broadest political and economic sense creating a new political and economic sense creating a new government capable of promoting commerce and government capable of promoting commerce and protecting property from radical state legislatures protecting property from radical state legislatures

They also sought to liberate the national They also sought to liberate the national government from the power of individual states, government from the power of individual states, as well as insulate it from the populist forces as well as insulate it from the populist forces hostile to the interests of the commercial and hostile to the interests of the commercial and propertied classpropertied class

PART II:PART II:

The Structure of the The Structure of the ConstitutionConstitution

Questions faced by the Questions faced by the Delegates:Delegates:

How should representation be How should representation be determined?determined?

What about slavery?What about slavery? Who will have the power to vote?Who will have the power to vote? What powers should the national and What powers should the national and

state governments have?state governments have? How do we protect individual rights?How do we protect individual rights?

The Question of The Question of RepresentationRepresentation

Virginia PlanVirginia Plan• First proposal presented First proposal presented

at the Constitutional at the Constitutional Convention, became a Convention, became a framework for what framework for what ultimately would ultimately would become the new become the new Constitution Constitution

• Representation based Representation based on populationon population

• Heavily biased towards Heavily biased towards the larger (southern) the larger (southern) statesstates

New Jersey PlanNew Jersey Plan• Concentrated on Concentrated on

specific weaknesses in specific weaknesses in the Articlesthe Articles

• Argued that each Argued that each state should have state should have equal representation equal representation

• Benefited smaller Benefited smaller statesstates

• Smaller states Smaller states threaten to leave threaten to leave Convention, dissolve Convention, dissolve unionunion

The Great (Connecticut) The Great (Connecticut) CompromiseCompromise

Proposed a Proposed a bicameral bicameral legislaturelegislature

One house One house determined by determined by population (House population (House of Rep.) another of Rep.) another giving each state giving each state an equal amount of an equal amount of votes (Senate)votes (Senate)

Conflicts During the Conflicts During the Convention:Convention:

Most of the conflicts during the Convention Most of the conflicts during the Convention reflect the fundamental differences between reflect the fundamental differences between the slave and non-slave states. (New the slave and non-slave states. (New England merchants vs. Southern Planters)England merchants vs. Southern Planters)

90% of all slaves are divided into five states: 90% of all slaves are divided into five states: Georgia, Maryland, North Carolina, South Georgia, Maryland, North Carolina, South Carolina, Virginia (where they account for Carolina, Virginia (where they account for 30% of the total population)30% of the total population)

Madison himself noted:Madison himself noted:– ““Look to the votes in Congress, and most of them Look to the votes in Congress, and most of them

stand divided by the geography of the country, stand divided by the geography of the country, not according to the size of the states”not according to the size of the states”

SlaverySlavery Founders realize that some basic decisions Founders realize that some basic decisions

about slavery would need to be madeabout slavery would need to be made Northerners and Southerners eventually Northerners and Southerners eventually

reached agreement through the reached agreement through the three-three-fifths compromisefifths compromise– Slaves would count as 3/5Slaves would count as 3/5thsths of a person for the of a person for the

purpose of deciding representation in the Housepurpose of deciding representation in the House– Slaves could not voteSlaves could not vote– Although the three-fifths compromise Although the three-fifths compromise

acknowledged slavery and rewarded slave acknowledged slavery and rewarded slave owners, nonetheless, it probably kept the South owners, nonetheless, it probably kept the South from unanimously rejecting the Constitution from unanimously rejecting the Constitution

Goals of the New Goals of the New Government:Government:

1.1. Promote Commerce and Protect PropertyPromote Commerce and Protect Property- Provides the basis for National control of commerce, Provides the basis for National control of commerce,

judicial supremacy, strong presidencyjudicial supremacy, strong presidency

2.2. Protect against “excessive democracy”Protect against “excessive democracy”- The “majority faction” Madison attacks in Federalist The “majority faction” Madison attacks in Federalist

#10#10- Resulted in checks and balances, bicameralism, Resulted in checks and balances, bicameralism,

staggered termsstaggered terms

3.3. Identify principles that would help secure Identify principles that would help secure popular supportpopular support

- Popular elections (of representatives), Bill of RightsPopular elections (of representatives), Bill of Rights

4.4. Create a government that would not pose a Create a government that would not pose a threat to individual liberties and property rightsthreat to individual liberties and property rights

- federalism, separation of powers- federalism, separation of powers

Structures of the Structures of the Constitution Constitution

I.I. Legislative Legislative BranchBranch

II.II. Executive Executive BranchBranch

III.III. Judicial BranchJudicial Branch

I. The Legislative BranchI. The Legislative Branch• Members of the Senate Members of the Senate

originally selected by state originally selected by state legislatures (changed by legislatures (changed by 1717thth Amendment – 1913) Amendment – 1913)

• Staggered terms (only one-Staggered terms (only one-third of all Senators are up third of all Senators are up for election at any one time)for election at any one time)

• Granted most important Granted most important governmental powers governmental powers (collect taxes, coin money, (collect taxes, coin money, declare war, regulate declare war, regulate commerce)commerce)

• Sought to promote popular Sought to promote popular acceptance by reassuring acceptance by reassuring citizens that their views citizens that their views would be fully representedwould be fully represented

House of RepresentativesHouse of Representatives

Designed to be directly responsible Designed to be directly responsible to the peopleto the people

Given sole power to originate Given sole power to originate revenue bills (power of the purse)revenue bills (power of the purse)

Larger, more difficult for Reps. to Larger, more difficult for Reps. to directly influence policydirectly influence policy

Governed by stricter rules than the Governed by stricter rules than the SenateSenate

SenateSenate

Designed to be more aristocratic – Designed to be more aristocratic – less responsive to the people (longer less responsive to the people (longer terms, not directly elected)terms, not directly elected)

Staggered terms designed to make it Staggered terms designed to make it even less responsive to popular even less responsive to popular pressurepressure

Given specific power to ratify treaties Given specific power to ratify treaties and approve presidential and approve presidential appointmentsappointments

Powers of Congress Powers of Congress Doctrine of Doctrine of expressed powersexpressed powers::

– Constitution grants only those powers Constitution grants only those powers specifically specifically expressedexpressed (enumerated) (enumerated) in its text (government is limited)in its text (government is limited)

– To ensure an To ensure an active and powerfulactive and powerful government, Congress included the government, Congress included the necessary and proper clausenecessary and proper clause, or , or “elastic clause” “elastic clause” authorizing authorizing Congress to do whatever “necessary Congress to do whatever “necessary and proper” for the execution of their and proper” for the execution of their powers. Powers exercised through powers. Powers exercised through the elastic clause are often referred the elastic clause are often referred to as to as implied powersimplied powers

– Any power not expressed or implied Any power not expressed or implied is is reservedreserved to the states (or the to the states (or the people)people)

II. The Executive BranchII. The Executive Branch Aimed towards creating Aimed towards creating

“energy in the Executive”“energy in the Executive”– Given the ability to overcome Given the ability to overcome

natural stalemates in the natural stalemates in the CongressCongress

– Afforded a measure of Afforded a measure of independence from the people independence from the people and the other branchesand the other branches

– Given “Inherent powers” such Given “Inherent powers” such as recognizing ambassadors, as recognizing ambassadors, negotiate treaties, pardon, negotiate treaties, pardon, appointment, etc. appointment, etc.

The framers hoped to create a The framers hoped to create a presidency that would make presidency that would make the federal government, rather the federal government, rather than the states, the agency than the states, the agency capable of timely and decisive capable of timely and decisive actionaction

Insulated from “excessive Insulated from “excessive democracy” through the democracy” through the electoral collegeelectoral college

III. The Judicial BranchIII. The Judicial Branch Designed to protect liberty while at Designed to protect liberty while at

the same time nationalizing the same time nationalizing governmental powergovernmental power

Gave Supreme Court power to Gave Supreme Court power to resolve conflicts that might emerge resolve conflicts that might emerge between state and federal lawsbetween state and federal laws

Judges given Judges given lifetimelifetime appointments appointments to protect them to protect them from popular politics or interference from popular politics or interference by the other branches by the other branches

The Supreme Court eventually The Supreme Court eventually assumed the power of assumed the power of judicial judicial reviewreview

National Unity and PowerNational Unity and Power

Article IV includes provisions for Article IV includes provisions for comitycomity (reciprocity) between the states and among (reciprocity) between the states and among citizenscitizens– States are prohibited from discriminating against States are prohibited from discriminating against

the citizens of other states in favor of its own the citizens of other states in favor of its own citizenscitizens

– Another means of protecting commerce and Another means of protecting commerce and providing a free-flowing national economyproviding a free-flowing national economy

Article VI includes the Article VI includes the supremacy clausesupremacy clause– Creates a “hierarchy of laws”Creates a “hierarchy of laws”– Constitution at top, states belowConstitution at top, states below

Part III: The Fight For Part III: The Fight For Ratification Ratification