CHAPTER 8: THE CONSTITUTION Government, Citizenship, and the Constitution.
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THE CONSTITUTION
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The purpose of this chapter is to introduce you to the historical context within which the United States
Constitution was written.
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THEME ATHE POLITICAL
PHILOSOPHY OF THE FOUNDERS
Feared a strong government AND the majority
”Natural Rights.” - Life, liberty and property
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The "real" revolutionThe "real" revolution
The "real" revolution was the radical The "real" revolution was the radical change in belief about what made change in belief about what made authority legitimate and liberties secure.authority legitimate and liberties secure.
Government by consent, not by Government by consent, not by prerogativeprerogative
Direct grant of power: written constitutionDirect grant of power: written constitution Human liberty before governmentHuman liberty before government Legislature superior to executive branchLegislature superior to executive branch
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THEME B: THE CONSTITUTIONAL
CONVENTIONThe Weakness of the Articles of
ConfederationThe Virginia Plan
The New Jersey PlanThe “Great Compromise”
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The Constitutional ConventionThe Constitutional Convention
The Framers (55) attending: men of The Framers (55) attending: men of practical affairs, including Continental practical affairs, including Continental army veterans and members of the army veterans and members of the Congress of the ConfederationCongress of the Confederation
An entirely new constitution was An entirely new constitution was written, although gathering was written, although gathering was authorized only to revise Articlesauthorized only to revise Articles
Primary concern was with defense of Primary concern was with defense of liberty as a natural right (Lockean liberty as a natural right (Lockean reasoning)reasoning)
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Weaknesses of the confederationWeaknesses of the confederation
Could not levy taxes or regulate commerceCould not levy taxes or regulate commerce Sovereignty, independence retained by statesSovereignty, independence retained by states One vote in Congress for each stateOne vote in Congress for each state Nine of thirteen votes in Congress required for any Nine of thirteen votes in Congress required for any
measuremeasure Delegates picked, paid for by legislaturesDelegates picked, paid for by legislatures Little money coined by CongressLittle money coined by Congress Army small; dependent on state militiasArmy small; dependent on state militias Territorial disputes between statesTerritorial disputes between states No national judicial systemNo national judicial system All thirteen states' consent necessary for any All thirteen states' consent necessary for any
amendmentsamendments
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THEME C: THE MOTIVES OF THE
FOUNDERS
Economic Interests at the Convention Economic Interests and Ratification The Constitution and Equality Separation of Powers and FederalismNeed for a “Bill of Rights”
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The FramersThe Framers
Who came: men of practical affairsWho came: men of practical affairs Who did not comeWho did not come Intent to write an entirely new constitutionIntent to write an entirely new constitution Lockean influenceLockean influence Doubts that popular consent could guarantee Doubts that popular consent could guarantee
libertyliberty Results: "a delicate problem"; need strong Results: "a delicate problem"; need strong
government for order but one that would not government for order but one that would not threaten libertythreaten liberty Democracy of that day not the solutionDemocracy of that day not the solution Aristocracy not a solution eitherAristocracy not a solution either Government with constitutional limits no guarantee Government with constitutional limits no guarantee
against tyrannyagainst tyranny
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The Antifederalist ViewThe Antifederalist View
Liberty could be secure only in Liberty could be secure only in small republicssmall republics
Nation needed, at best, a loose Nation needed, at best, a loose confederation of states with most confederation of states with most of the power wielded by the state of the power wielded by the state legislatureslegislatures
If there was a strong national If there was a strong national government, there should be many government, there should be many more restrictions on itmore restrictions on it
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Federalist Papers 10 and 51Federalist Papers 10 and 51
Coalitions were more likely to be Coalitions were more likely to be moderate because they would moderate because they would represent a diversity of interestsrepresent a diversity of interests
Governments should be somewhat Governments should be somewhat distant from the passions of the distant from the passions of the peoplepeople
No bill of rights was necessaryNo bill of rights was necessary
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The Virginia PlanThe Virginia Plan
Design for a true national governmentDesign for a true national government Two houses in legislatureTwo houses in legislature Executive chosen by legislatureExecutive chosen by legislature Council of revision with veto powerCouncil of revision with veto power Two key features of the planTwo key features of the plan
National legislature with supreme National legislature with supreme powerspowers
One house elected directly by the One house elected directly by the peoplepeople
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The New Jersey PlanThe New Jersey Plan
Sought to amend rather Sought to amend rather than replace the Articlesthan replace the Articles
Proposed one vote per Proposed one vote per statestate
Protected small states' Protected small states' interestsinterests
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The compromiseThe compromise
House of Representatives House of Representatives based on populationbased on population
Senate of two members Senate of two members per stateper state
Reconciled interests of Reconciled interests of big and small statesbig and small states
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Key principlesKey principles
Separation of powersSeparation of powers FederalismFederalism
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Reasons for the absence of a bill of Reasons for the absence of a bill of rightsrights
Several guarantees in ConstitutionSeveral guarantees in Constitution Habeas corpusHabeas corpus No bill of attainderNo bill of attainder No ex post facto lawNo ex post facto law Trial by juryTrial by jury Privileges and immunitiesPrivileges and immunities No religious testsNo religious tests Obligation of contractsObligation of contracts
Most states had bills of rights.Most states had bills of rights. Intent to limit federal government to specific Intent to limit federal government to specific
powerspowers
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Need for a bill of rightsNeed for a bill of rights
Ratification impossible Ratification impossible without onewithout one
Promise by key leaders to Promise by key leaders to obtain oneobtain one
Bitter ratification narrowly Bitter ratification narrowly successfulsuccessful
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The motives of the FramersThe motives of the Framers
Acted out of a mixture of motives; economic Acted out of a mixture of motives; economic interests played modest roleinterests played modest role
Economic interests of framers varied widelyEconomic interests of framers varied widely Economic interests of Framers varied widelyEconomic interests of Framers varied widely Beard: those who owned governmental debt Beard: those who owned governmental debt
supported Constitutionsupported Constitution However, no clear division along class lines foundHowever, no clear division along class lines found Recent research: state considerations outweighed Recent research: state considerations outweighed
personal considerations; exception: slaveholderspersonal considerations; exception: slaveholders
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Madison's Federalist No. 10Madison's Federalist No. 10
Personal liberty safest in large Personal liberty safest in large ("extended") republics("extended") republics Coalitions likely more Coalitions likely more
moderate theremoderate there Government Government should should be be
somewhat distant to be somewhat distant to be insulated from passionsinsulated from passions
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THEME D
CONSTITUTIONAL REFORM ‑ MODERN VIEWS Reducing the Separation of Powers
Making the System Less Democratic
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Constitutional reform--modern Constitutional reform--modern viewsviews
Reducing the separation of powers to Reducing the separation of powers to enhance national leadershipenhance national leadership
Urgent problems remain unresolvedUrgent problems remain unresolved President should be more powerful, accountable, to President should be more powerful, accountable, to
produce better policiesproduce better policies Government agencies exposed to undue Government agencies exposed to undue
interferenceinterference ProposalsProposals
Choose cabinet members from CongressChoose cabinet members from Congress Allow president to dissolve CongressAllow president to dissolve Congress Empower Congress to require special presidential Empower Congress to require special presidential
electionelection Require presidential/congressional termsRequire presidential/congressional terms Establish single six-year term for presidentEstablish single six-year term for president Lengthen terms in House to four yearsLengthen terms in House to four years
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Making the system less democraticMaking the system less democratic
Government does too much, not too littleGovernment does too much, not too little Attention to individual wants over general Attention to individual wants over general
preferencespreferences ProposalsProposals
Limit amount of taxes collectibleLimit amount of taxes collectible Require a balanced budgetRequire a balanced budget Grant president a true line-item vetoGrant president a true line-item veto Narrow authority of federal courtsNarrow authority of federal courts
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Who is right?Who is right?
Crucial questionsCrucial questions
How well has it worked in How well has it worked in comparison with othercomparison with other
How well has it worked in history?How well has it worked in history?
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Key Principles of GovernmentKey Principles of Government
Founders did not intent to create a Founders did not intent to create a direct democracydirect democracy
Popular rule only in House of Popular rule only in House of RepresentativesRepresentatives
Separation of Powers: between Separation of Powers: between branchesbranches
Federalism: power divided between Federalism: power divided between national and state governmentsnational and state governments
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Three Categories of PowersThree Categories of Powers
Enumerated powersEnumerated powers:: given to national given to national government exclusively; include power to government exclusively; include power to print money, declare war, make treaties, print money, declare war, make treaties, conduct foreign affairsconduct foreign affairs
Reserved powersReserved powers:: given to states given to states exclusively; include power to issue licenses exclusively; include power to issue licenses and to regulate commerce wholly within a and to regulate commerce wholly within a statestate
Concurrent powersConcurrent powers:: shared by both shared by both national and state governments; include national and state governments; include collecting taxes, building roads, borrowing collecting taxes, building roads, borrowing money, having courtsmoney, having courts
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Map 2.2: Ratification of the Map 2.2: Ratification of the Federal Constitution by State Federal Constitution by State
Conventions, 1787-1790 Conventions, 1787-1790
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The Constitution and SlaveryThe Constitution and Slavery
House of Representatives House of Representatives Apportionment: 3/5 CompromiseApportionment: 3/5 Compromise
Congress could not prohibit slave Congress could not prohibit slave trade before 1808trade before 1808
Fugitive Slave ClauseFugitive Slave Clause
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Suggestions for Constitutional Suggestions for Constitutional ReformReform
Reduce separation of powers to Reduce separation of powers to enhance national leadershipenhance national leadership
Make the system less democraticMake the system less democratic Questions to considerQuestions to consider
How well has it worked in history?How well has it worked in history? How well has it worked in comparison How well has it worked in comparison
with other democratic nations?with other democratic nations?
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PARTS OF THE CONSTITUTION
ARTICLE I ‑ LEGISLATIVE
ARTICLE II ‑ EXECUTIVE
ARTICLE III ‑ JUDICIAL
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ARTICLE IV ‑ STATES RIGHTS
ARTICLE V ‑ AMENDING THE CONSTITUTION
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ARTICLE VI ASSUMPTION OF DEBT, SUPREMACY CLAUSE AND NO RELIGIOUS TEST
ARTICLE VIIRATIFICATION OF THE CONSTITUTION
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The Bill of Rights
Amendments 1 - 10
AMENDMENT 1FREEDOM OF RELIGIONSPEECH, PRESS, ASSEMBLY
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AMENDMENT 2THE MILITIA AND THE RIGHT TO BEAR ARMS
AMENDMENT 3 QUARTERING OF TROOPS
IN PRIVATE HOMES
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AMENDMENT 4UNREASONABLE SEARCH
AND SEIZURE
AMENDMENT 5DUE PROCESS
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AMENDMENT 6RIGHTS WHEN ON TRIAL
AMENDMENT 7COMMON ‑ LAW SUITS
AMENDMENT 8BAIL, CRUEL AND
UNUSUAL PUNISHMENT
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AMENDMENT 9
UNENUMERATED RIGHTS PROTECTED
Right to privacy interpreted to be under this amendment. Madison felt that this was the most important amendment because it would cover forgotten rights.
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AMENDMENT 10
POWERS RESERVED TO THE STATES
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AMENDMENT 11LIMITS ON SUITS AGAINST STATES
AMENDMENT 12REVISION OF ELECTORAL COLLEGE PROCEDURE
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AMENDMENT 13SLAVERY PROHIBITED
AMENDMENT 14EX‑SLAVES MADE CITIZENS
DUE PROCESS EXTENDED TO STATES
AMENDMENT 15BLACKS GIVEN RIGHT TO VOTE
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AMENDMENT 16FEDERAL INCOME TAX
AMENDMENT 17POPULAR ELECTION OF
SENATORS
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AMENDMENT 18PROHIBITION
AMENDMENT 19WOMEN'S SUFFRAGE
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AMENDMENT 20FEDERAL TERMS OF OFFICE TO BEGIN IN
JANUARY
AMENDMENT 21REPEALED PROHIBITION
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AMENDMENT 22PRESIDENT LIMITED TO
TWO TERMS
AMENDMENT 23D.C. GIVEN VOTING
RIGHTS
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AMENDMENT 24POLL TAX OUTLAWED
AMENDMENT 25PRESIDENTIAL
DISABILITY
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AMENDMENT 26VOTING AGE LOWERED TO
18
AMENDMENT 27INCREASE IN
CONGRESSIONAL SALARIES PROHIBITED DURING TERM
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Ratification of Ratification of the Federal the Federal Constitution by Constitution by State State Conventions, Conventions, 1787-17901787-1790
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Self-Test
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For more information about this topic, link to the Metropolitan Community College Political Science Web Site
http://socsci.mccneb.edu/pos/polscmain.htm