The Constitution

Roots of the Revolution• Lack of Colonial Autonomy – Economic– Political

• Boston Tea Party– Coercive Acts

• First Continental Congress– Olive Branch Petition

• Second Continental Congress– Lexington and Concord– Common Sense – Declaration of Independence

Declaration of IndependenceAnd Common Sense

• Common Sense– Thomas Paine• Monarchy and Hereditary Succession• The Wars and Tyranny of Kings• The Economic and Political abilities of

Americans

• Declaration of Independence – Thomas Jefferson• Social Contract Theory - John Locke • List if Grievances • Formal Separation from England• Debated - Slavery and Slave Trade

Articles of Confederation• Confederation – loose association of

independent states• The Articles of Confederation –

Established the first government of the United States– November 15, 1777– Fear of Central Power – National

Government lack any real Power – Four Reasons for Failure• No power to tax• No head of State• No regulation of interstate or foreign

commerce • Each state how power to veto amendments

Constitution Convention• Shays’s Rebellion – Demonstrated need for Stronger

Government

• Edmond Randolph of Virginia– Virginia Plan• Encouraged creating of new document • Three Branches of Government

– Legislative – Executive– Judicial

• Two House Legislature – Representation based on taxes paid

• Called for strong national government • Favored the large and wealthy states

Continued

• New Jersey Plan–William Paterson of New Jersey– Legislature based on equal

representation – Favored by small and poor states– Forced a Compromise

• Great Compromise – Roger Sherman of Connecticut– House based on size– Senate is equal– Legislation approved by both chambers

Continued• Presidency– Fear of popular vote– Fear of return of monarchy– Fear of election by legislature– Compromise = electoral college• Electors choose president• Each state choose electors in proportion to

representatives • House votes in tie• Parties dominate in modern elections

– Four year term and no term limits – House can charge with impeachment– Senate can try impeachment charge

Continued• 3/5th Clause – Slavery a big part of American Economy• Slavery not mentioned in Constitution

– Other Persons

– The question of representation of slaves• Should they count towards population?

– Slave States = yes– Free States = no(ish)

– Slaves will count as 3/5th of a person • Gave southern states greater representation

– 47% of congress

• Gave southern states more electors• Ended slave trade after 20 years

The Constitution• Principles – Republicanism – power of the people

• Avoid aristocracy, monarchy, and democracy

– Federalism – central and state authority – Separation of Powers

• Three Branches– Legislative – law making– Executive – law enforcing – Judicial – law interpreting

• Equal power between branches – Checks and Balances – each branch has

some control over other branches • Extraordinary Majority – over ride veto

with 2/3 vote

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The Preamble • Four elements that create American

Political Tradition – It Creates a People• “We the people of the United States”• Counters notion of independent states

– It Explains the reason for the Constitution• More Perfect union• Counters Articles of Confederation

– It Articulates Goals• Promotes Order and Freedom

– It Fashions a Government• Creates the United States

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Continued• Seven Seven Articles – Article 1: The Legislative Article

• Bicameral• Enumerated Powers (1-17) – powers given

– Necessary and Proper Clause (18) - means to execute powers» Implied Powers – powers need to execute powers

– Article 2: The Executive Article• Provides election info and powers given

– Article 3: The Judicial Article• Vague, left structure up to congress and president• Judicial Review – declare acts unconstitutional

(implied)– Marbury v. Madison

– Article VI: • Supremacy clause – national laws take precedence

Ratification• Need nine state to ratify become law– Nation Slit over Constitution

• Federalist – supported – favored national government

• Antifederalist – did not support – favored state gov

• Federalist Papers– Alexander Hamilton, John Jay, and James

Madison = Publius – 85 newspaper articles supporting ratification

• Federalist No 10 – avoid factions, pluralism, or “tyranny of the majority” (mob rule)

• Federalist No 51 – control tyranny through “separation of powers” and “checks and balances”

• Anti-Federalist Papers– Brutus– Not as influential

Bill of Rights • States would not ratify without Bill of

Rights– List basic civil liberties and civil rights– Purpose of Revolution War

• Federalist No 84 – BofR would be “Dangerous”– Not possible to list prohibited powers

• George Washington – Amendment process

• Bill of Rights – First 10 amendments to the constitution

• Construction Adopted

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Continue • Bill of Rights – 1st Amendment • Religion, Speech, press, assemble & petition

government – 2nd Amendment• Right to bear arms

– 4th Amendment • Search and Seizures

– 5th Amendment• Self-incrimination & due process

– 10th Amendment • Rights reserved to the states

Amendment Process• Two Stages – Proposal Stage• A) 2/3 vote of both houses of congress (All)• B) National convention by congress,

requested by 2/3 states

– Ratification Stage• A) ¾ of states legislatures ratify (all but 1)• B) Constitutional Convention in ¾ of states

• Difficulty is intended in process– First 10 – Bill of Rights– Next 17 – make public policy, correct

deficiencies, or promote equality

Constitution – The Legend • Oldest Constitution

• Most copied Constitution• Short

• Constitution today– Original Intent or Living Document

• Provides balance between order and freedom– No attention to equality – amendments

• Amendments and Social Change– 13th, 14th, 15th - Civil War Amendments – 16th - income tax - Progressive Taxation – 19th - Women Vote – 24th - prohibited poll tax– 23rd - Citizens of Washington DC can vote– 26th - voting age at 18

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Majority or Plurality • Majoritarian Democracy – Founders intended a Republic• Majority Consent

– Not a Democracy • Majority Rule

• Pluralist Democracy– Constitution Promotes Plurality – Intention of the Founders?• Factions• Electoral College• Interest Groups