Transcript Chapter Three Establishing the Constitution (Through a Series of Political Compromises)

Chapter Three
Establishing the Constitution
(Through a Series of Political Compromises)
Instructor: Kevin Sexton
Course: U.S. Political Systems
Southeast Missouri State University
constitution versus Constitution
rules or guidelines by which
an organization (country)
operates
The document by which the
U.S. Government operates
How many constitutions has
the United States had?
TWO
Articles of Confederation & U.S. Constitution
Colonial Experience Influences
New Government
Much of what we are as a country is based on what we
experienced as colonies.
Three Primary Colonial Influences On The
Government of the United States
1.
Mayflower Compact
2. Governance
3. European
of the Colonies
Philosophers
Mayflower Compact
(November 11, 1620)
We whose names are underwritten, …………
do by these presents solemnly and mutually in the presence of God, and one of
another, covenant and combine ourselves together into a civil body politic, for
our better ordering and preservation and furtherance of the ends aforesaid; and by
virtue hereof to enact, constitute, and frame such just and equal laws, ordinances,
acts, constitutions, and offices, from time to time, as shall be thought most meet and
convenient for the general good of the colony, unto which we
promise all DUE submission and obedience.
Pilgrims placed an emphasis on the fact that it was they
who created the government, and gave it legitimacy or
authority to govern the members of the Plymouth Colony.
This premise is also seen in the works of the philosophers that
influenced the colonists political beliefs.
Governance of the Colonies
•Each of the thirteen colonies were independent colonies.
• Each with there own colonial legislature, that made rules
and regulations by which the citizens of the colony operated.
Two Types of Colonies
Royal Colony – operated by representatives of the Monarchy.
Proprietary Colony – operated by a company for profit.
The colonial legislatures were made up of two chambers:
Colonial Assembly – elected by the eligible voters.
Colonial Council – Appointed by British Officials based on the
Recommendation of the Colonial Governor.
Basically, the colonies had self-rule over local issues
European Philosophers
Thomas Hobbes (1588-1679)
Wrote Levithan (1651)
• stated that governments are created by the governed.
• people are warlike and selfish.
• the only reason people are not in a perpetual state of war
is that the people consent to be governed by a single
all powerful leader or government.
• “power must be concentrated”
John Locke (1632-1704)
Wrote Treatise of Two Governments (1690)
• agreed that people were selfish.
• but disagreed with Hobbs on the point of concentration
of power.
• Instead called for the separation of powers.
• Pit selfish powers against each other.
Why Seek Independence?
If the colonies had self rule why did they seek
Independence from England. After all, on most issues
England let the colonies make their own rules.
Something changed……
England’s Treasury started running low because:
1. The French and Indian War
&
2. The continued cost to protect the colonies
from the Indians.
England Tightens It Hold
In response to its need for money England begins trying to
extract more from the colonies in the form of new taxes. The
major concern is that these taxes are being levied by a group
that does not have a representative of the colonies.
These new laws and actions of England begin to erode away
at the colonists belief that they have self rule.
In response, the colonies convene the 1st and 2nd Continental
Congress.
In 1776, the 2nd Continental Congress issues the
Declaration of Independence.
Declaration of Independence
Primary author was Thomas Jefferson.
• Concepts presented in the document were not
new or unique concepts.
• Most of the concepts or premises presented
in the document were from John Locke.
Three Major Premises Presented in The Declaration
1. Men have inalienable rights.
2. Authority to govern comes from the governed.
3. The governed have the right to change or overthrow a
government that is not fulfilling its responsibilities.
We hold these truths to be self evident…..
That all men are created equal; that they are endowed by
their Creator with certain unalienable rights; that among
these are……..
LIFE
LIBERTY
&
The Pursuit of Happiness
Why the change from John Locke’s idea of
LIFE, LIBERTY & PROPERTY?
We hold these truths to be self evident…..
“…that, to secure these rights, governments are instituted among
men, deriving their just powers from the
consent of the governed;”
As Locke and Hobbs stated, the government does not have
A DEVINE RIGHT to govern. The government only governs
When they are given that right by
the PEOPLE (or the governed)
We hold these truths to be self evident…..
“… that whenever any form of government becomes destructive
of these ends, it is the right of the people to alter or to abolish
it, and to institute new government, laying its foundation on
such principles, and organizing its powers in such form, as to
them shall seem most likely to effect their safety and happiness.”
This premise, which comes from John Lockes, Treatises of
Two Governments, provides legitimacy to the colonies
War for Independence.
Articles of Confederation
• Created a confederation between the 13 States.
• “The said states hereby enter into a FIRM
LEAGUE OF FRIENDSHIP…..”
• Each state retained all sovereignty over itself.
• National government had no real power to enforce
the national laws.
• National government had responsibility to provide
for the protection of the members.
• But had no power to tax the members.
• Each State gave what they wanted to give.
Articles of Confederation
(continued)
National government had the power to coin money.
• So did each of the states.
All states were equally represented.
• Small States had same power as large states.
No independent executive (president) to make decisions
when Congress was not in session.
• Committee of the States (9 or 13 had to agree).
All IMPORTANT DECISIONS (ie. passing a law) needed a
supermajority (9 of 13)
To Amend the Articles of Confederation all of the States had to
agree to the changes.
Articles in Action
Foreign Affairs:
• Each State was totally sovereign.
• This meant they could negotiate with other governments,
even foreign governments.
• France demanded that the U.S. pay back loans given
to the states/colonies during the Revolutionary War.
National government had trouble negotiating because
States were negotiating independently.
Articles in Action
(continued)
Money and Interstate Commerce:
• The national currency was not the only legal tender in
the country.
• Each state had their own currency.
• This caused problems when states tried trading
with each other.
i.e.. If New York tried to pay Maryland with
New York currency the two sides had
to agree on an exchange rate. Most of
the time they could not agree on such
a rate.
Articles in Action
(continued)
Shay’s Rebellion:
• In 1786 farmers and other debtors in Massachusetts
begin an uprising related to foreclosures on their farms
and prison for those not being able to pay their debts.
• The State of Massachusetts had a difficult time putting
down this uprising, and the national government was
unable to provide very much help.
• This event, and the inability of the State of Mass. to
react in a timely and efficient manner is said to be
one of the prime reasons that Constitutional Conventions
were held to review the Articles of Confederation.
1786 & 1787
1786 – 5 of 13 State come together in Annapolis to discuss
modifications to the Articles of Confederation.
NOT ENOUGH THERE TO AMEND THE ARTICLES
1787 – 12 of 13 States show up in Philadelphia to discuss
modifications to the Articles of Confederation.
NOT ENOUGH THERE TO AMEND THE ARTICLES
IT IS DECIDED THAT THEY MUST START OVER AND
CREATE A WHOLE NEW DOCUMENT.
THE U.S. CONSTITUTION
Creating the Constitution
In creating the U.S. Constitution the writers had
many important issues to deal with. Our study
of the Constitution, and how and why it was
created will focus on three primary issues.
Each of those issues will deal with EQUALITY.
1.Equality of States
2.Equality of Government Institutions
3.Personal Equality
4.Political Equality
EQUALITY OF STATES
All our experiences in governance have included a legislature of
some kind. As colonies we had the colonial legislatures, and
under the Articles of Confederation we had Congress.
For this reason, we knew we would have a national legislature.
BUT…..
What would it look like?
How would the states be represented?
What powers would it have?
Equality of States
(continued)
Two plans suggested by members of the Convention:
Large State Plan:
• Suggested by Virginia.
• Called for a Bicameral Legislature, based on
population.
Small State Plan:
• Suggested by New Jersey.
• Called for a Unicameral Legislature, based on
equal representation.
Equality of States
(continued)
Connecticut Compromise
1. Created a Bi-Cameral Legislature (two houses).
2. One house (Upper) would have equal representation.
• Two Senators from each state.
3. One house (lower) would have representation based on
the population of each state.
• One representative for each 30,000 in population.
WHO MAKES UP THE POPULATION?
Equality of States
(continued)
Slaves States (south):
• wanted slaves counted for representation
in Congress, but not for taxation purposes.
Free States (north):
• wanted slaves counted for taxation purposes
but not for representation in Congress.
3/5th Compromise
Representatives and direct Taxes shall be apportioned among the several
States which may be included within this Union, according to their respective
Numbers, which shall be determined by adding to the whole Number of free
Persons, including those bound to Service for a Term of Years, and excluding
Indians not taxed, three fifths of all other Persons.
Equality of States
(continued)
Process for Amending The Constitution
Under the Articles of Confederation smaller states, like Rhode Island had an
enormous amount of power. This was due to the fact that they had the
power to prevent the Articles from being amended, even if that change would
have benefited all of the other states and the country as a whole.
To overcome this unequal distribution of power the writers of the
U.S. Constitution created a new set of rules by which the Constitution
could be amended.
The process to amend the U.S. Constitution is now a two step process:
Step One: Proposal
Step Two: Ratification
Equality of States
(continued)
Process for Amending The Constitution
First Step: Proposing the Change.
A.
Could be proposed by a two-thirds vote in EACH chamber
of the U.S. Congress.
OR
B.
Could be proposed by a national constitutional convention called by
two-thirds of all the state legislatures.
Second Step: Ratifying the Change
A.
Approval of three-fourths of all state legislatures.
OR
B.
Approval by three-fourths of all states in a special national convention.
Equality of Government Institutions
Created three co-equal branches of government:
1.Legislative
2.Executive
3.Judicial
1. Each had its own powers.
2. Each branch had to share some powers.
3. Each branch had a series of checks on the powers
of the other branches.
MUCH MORE ON THESE ISSUES TO COME
Personal Equality
What are we talking about here?
SLAVERY
What does the Constitution (in 1787) say about slavery.
The Migration or Importation of such Persons as any of the States now
existing shall think proper to admit, shall not be prohibited by the Congress
prior to the Year one thousand eight hundred and eight, but a tax or duty may
be imposed on such Importation, not exceeding ten dollars for each Person.
&
THE 3/5th COMPROMISE
Political Equality
What are we talking about here?
VOTING
The Constitution said absolutely nothing about who could
And could not vote. It was assumed by the writers that
This should and would become a power of the state.
This power was officially given to the States
With passage of the Bill of Rights.
Specifically, The 10th Amendment.
Government Created By the Constitution
The Constitution set out the basic guidelines by which our
government is created. With that in mind, during the semester
we will look more closely at what the Constitution says about
each branch of the government. Right now we need to take a
broad look at the government created by the Constitution.
While we do this keep several things in mind:
1. The view of Human Nature that was prevalent among the
writers of the Constitution.
2. The political and social make-up of the country.
3. The past experiences of the writers of the Constitution.
View of Human Nature
Locke and Hobbes both stated that men are SELFISH Creatures.
The writers of the Constitution believed this, in fact the
term they used were
SELF INTERESTED.
Realizing that ALL MEN were SELF INTERESTED they
Created a form of government with the expressed
Desire to offset or counteract the
SELF INTERESTED
Nature of man.
The Social Make-up of The United States
Most Americans, in 1787 were not of the same social
And/or economic class of the writers of the Constitution.
With this in mind, the writers of the Constitution knew if
The masses gained control of the government they would
Do things that would cause them to lose power.
TYRANNY OF THE MAJORITY
In short, They were acting, at least partially, in their own
SELF INTEREST when they created the structure by which
The United States government would operate.
They truly felt that the masses did not have the ability to
run the country.
Past Experiences of the Writers
The Writers of the Constitution had:
1. Just been through a War with a country, where most
of the power rested with one person.
2. Just been through a period of government, under the
Articles where the power of the national government
had been eroded by a single branch of government.
3. Were very much influenced by the works of Locke.
Madisonian Model
In creating the new government, the writers were
attempting to prevent TYRANNY OF THE MAJORITY.
The Tyranny of any majority.
To do that Madison, and the other writers came up
With a governmental design that had three (3)
Key points.
1. Place as much of the government as possible
Beyond the control of the masses.
2. Separate the Powers of the different governmental
Institutions
3. Construct a system of Checks and Balances.
How the Government Created
Accomplished those three things.
Protection of Individual Freedoms
The Constitution itself addresses very few
individual freedoms.
1. Can’t Suspend Writ of Habeas Corpus
2. No Bills of Attainder
3. No Ex Post Facto Laws
Why didn’t the Constitution Address more
Individual Freedoms.
1. Most of the States already addressed them in their
State constitutions.
2. Writers felt they should remain State issues.
3. Writers felt that making a list of “protected” rights
would cause the national government to feel those
were the only “protected” rights.
Federalist versus Anti-Federalist
Anti-Federalist felt the new Constitution placed too
Much power in the hands of the national government.
&
Felt it did little to protect individual freedoms.
They threatened to oppose the ratification
of the Constitution.
(9 of the 13 States had to ratify before it took affect.)
Federalist wrote a series of papers addressing the concerns of the
Anti-Federalists.
In the end, the Federalist promised to add a Bill of Rights to the
Constitution as soon as the new Congress was seated.
One of the first acts of Congress was to begin amending
The Constitution to include a Bill of Rights
(The first ten amendments to the Constitution)