THE CONSTITUTIONThe Final Product

IT CAN ALL BE TRACED TO THE VIEW OF HUMAN NATURE . . .

Aristotelian view – government should improve human nature by cultivating virtue

Madisonian view – cultivation of virtue would require a government too strong; self-interest should be pursued within limits

PREAMBLE

States the purpose of the Constitution Creates a people of the United States Explains the reason for the Constitution

To form a more perfect Union – polite way of expressing the Articles of Confederation didn’t work

States the goals of the new government Fashions (or establishes) a government

BASIC PRINCIPLES

Republicanism – form of government in which power resides in the people and is exercised by their elected representatives

Federalism – division of power between the national and state governments States give up only those powers necessary to

create an effective national government National government is limited to the powers

specified in the Constitution

BASIC PRINCIPLES

Separation of powers – divides government power among three independent branches Ensures that power does not fall into the hands

of one person or single group Checks and balances – gives each branch of

government some scrutiny and control over the others

THE ARTICLES

Article I – established legislative branch Lawmaking was considered to be the most

important function of the new government Lists enumerated powers (Article 1, Section 8) Necessary and proper clause – basis for

Congress’s implied powers Article II – established the executive branch

Outlines electoral college, presidential powers and responsibilities

Article III – established the judicial branch

THE ARTICLES

Article IV – full faith and credit clause & admission of new states

Article V – amendment process Article VI – supremacy clause

national government is supreme to the governments of the states

Article VII -- ratification

SLAVERY & THE CONSTITUTION Three-fifths compromise – resolved the issue

of representation in the House Rule reflected the view that slaves were less

efficient producers of wealth than free people Gave the South 47% of the House seats

Delegates agreed to not ban the slave trade for 20 years

Fugitive slaves were to be returned to their master

FORESHADOWING . . .

Every master of slaves is born a petty tyrant. [Slaves] bring the judgment of heaven on a Country. As nations can not be rewarded or punished in the next world they must be in this. By an inevitable chain of causes & effects, providence punishes national sins, by national calamities.

-- George Mason

SELLING THE CONSTITUTION: THE FEDERALIST PAPERS85 essays written primarily by James Madison and Alexander Hamilton that gave arguments supporting ratification

WHAT ABOUT THE ANTIFEDERALISTS? National government would be distant from

the people Strong national government would use

powers to limit state functions Needed more restrictions on the national

government

WHERE WAS A BILL OF RIGHTS? Many prominent citizens were displeased

that the Constitution did not include a Bill of Rights HAMILTON: there is no way to list all citizens’

rights; a partial list would leave those omitted rights vulnerable to government abuse

Most states already had a Bill of Rights Constitution intended to limit the power of

the federal government

CONSTITUTIONAL GUARANTEES WITHOUT A BILL OF RIGHTS Habeas corpus – cannot be held without

cause No bill of attainder – no punishment without

a trial No ex post facto law – acts cannot be made

illegal after the fact Trial by jury in criminal cases Citizens of each state guaranteed the

privileges and immunities of citizens of every other state

No religious test for federal office