The Constitution

S. Jean Plant

The Articles of Confederation• Creates first constitutional government• Known for the lack of powers given to the

national governmentInternational and Financial Crisis• Inability to tax resulted in a weakening of

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

currency.

The Articles of Confederation

The Annapolis Convention • The crisis led to a meeting in Annapolis in 1786.• Agreed to meet in Philadelphia in one year to discuss revision.Shays’ Rebellion• Individual were more likely to be imprisoned for

debt than for any other crime.• Daniel Shays led a rebellion of debtors in

Massachusetts.• Demonstrated need for stronger government

The Constitution

• The convention• The Legislative Branch• The Executive Branch• The Judicial Branch• National Unity and Power• Amending the Constitution• Ratifying the Constitution• Limits on National Power

The Constitutional Convention

• Delegates met in May 1787.• Delegates represented the elite in American society.Conflict and Compromise• The Virginia Plan favored states with large

populations.• The New Jersey Plan favored the smaller states.• The Connecticut Plan reached a compromise.The Question of Slavery • The Three-fifths Compromise resolved how to count

the slaves for purposes of the representation.

The ConstitutionThe Legislative Branch

• Bicameral• House– 435 members– Two-year term– Elected by the people

• Senate– 100 members– Six-year term

The ConstitutionLegislative Branch

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

• Designed to encourage popular control over the legislative process

• Senators were initially chosen by the state legislatures.

• Designed to insulate Senate from voters.

• The Seventeenth Amendment (1913) provided for the direct election of U.S. Senators.

The Constitution

Legislative Branch• Article I, Section 8, spells

out the enumerated or delegated powers of the U.S. government, including the power to– Collect taxes– Regulate commerce

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

Executive Branch• Article II creates the

presidency.• President is to be

elected through an electoral college to insulate the office from Congress and the masses.

• Powers of the president are 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 is not mentioned.

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 makes the Constitution, national laws and treaties the supreme law of the land

The Constitution

Amending the Constitution• Amending the

Constitution is a lengthy and difficult process.

• Only twenty-seven amendments have been ratified since 1789.

Limits on 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

The ConstitutionThe Separation of Powers

• The Constitution provides for the separation of powers to ensure that no one branch holds too much power.

Separation of Powers

Checks and Balances

The Fight for

Ratification

• Federalists v. Anti federalists

• Reflections on the founding

Federalists vs.

Anti federalists

• 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

The Changing Constitution

AmendmentsMany Are Called, Few Are Chosen

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

• Only twenty-seven have been ratified.• The amendment process is a difficult

one.