Transcript Chapter 1 The Constitution

Chapter 1
The Constitution
• What is a Constitution?
• U.S. Constitution - Part I
• U.S. Constitution - Part II
• Make Up of the U.S. Constitution
• Judicial Review of Constitution
Constitutionalism
• A charter establishing the principles of
fundamental law which governs a
political society.
• The British Constitution - our example
• The U. S. Constitution
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outlines organization of national government
grants power to different branches
limits powers of government
symbol of national political values
British Political Legacy
• Magna Carta - 1215
– Protection of life, liberty, and property
– Trial by peers
– Taxation with Parliaments approval
• Petition of Rights - 1628
– Prohibits imprisoning political opposition
(habeas corpus)
– Crown must obey laws
• Bill of Rights - 1689
– Crown cannot interfere in elections
– Parliamentary approval to raise army
– Crown has to rule with consent of Parliament
Colonial Tax and Trade Policy
• Seven Years War (French and Indian War)
- 1754 to 1763
• Changes in British tax and trade policy
became necessary after war.
• Britain needed to find new sources of
income to pay off growing national debt.
“No Taxation Without
Representation”
• These words stirred a generation of
Americans to action against their own
government.
• Opposition to changes in British tax and
trade policies were challenged by the
colonists on the grounds that the colonies
had no representatives in the British
Parliament.
Tax and Trade Policy
• The Stamp Act of 1765 and the Sugar Act
of 1764 were met with opposition by the
New England merchants and Southern
planters.
• Quartering Act of 1765.
• More taxes on commodities including tea
occur in 1767.
• Boston Massacre - 1770.
• Burning of the Gaspee - 1772.
• Boston Tea Party - 1773.
Tax and Trade Policy
• The British response to colonial opposition
only strengthened colonial resistance.
• “Intolerable Acts”
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Closed Boston Harbor,
Restructured Massachusetts government,
Restricted town meetings,
Forced quartering of troops,
Trials in England or Canada.
• These 1774 “Coercive Acts” led to a call for a
boycott, the Battles of Lexington and
Concord.
First Continental Congress
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“Association of 1774” is formed
9/5/1774 - 10/26/1774
Ban and boycott of British goods.
British troops fortify Boston area.
Battle of Lexington and Concord occur
4/19/1775.
Second Continental Congress
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5/10/1775 to 3/2/1789
John Hancock elected first President.
Militia’s declared full army.
Battle of Bunker Hill – 6/17/1775.
George Washington selected as CinC
– Arrives in Boston area in July 1775
– Colonial militias arrive to support Massachusetts
Sent the Olive Branch Petition – primary concern still a
peaceful settlement.
Established – Committee of Whole
– Board of War
– Committee on Foreign Affairs
– Committee on Spies
– Committee of Five.
Suggested colonies write state constitutions.
“Common Sense” – Thomas Paine
The Declaration of
Independence
• Committee of Five - Jefferson, Adams,
Franklin, Sherman, Livingston
• Human beings are inherently equal
• Government is created by and servant of
“the people”
• Natural human rights is the higher law
binding government powers
• Government are bound by their own laws
The Articles of Confederation
• Creates our first constitutional government in
November of 1777.
• Better known for the lack of powers given to the
national government.
• Congress of the Confederation – central
governing body.
• One state one vote, no executive branch, no
authority over states, no economic controls,
national government had foreign policy powers.
• Lasted only 12 years.
Weaknesses in the
Articles of
Confederation
2-3
The Articles of Confederation:
International - Financial Crisis
• The inability of the Articles of
Confederation to tax resulted in a
weakening of bonds.
• Trade wars erupted between the states.
• Inflation resulted from each state printing
currency.
• An economic and political crisis
developed.
The Articles of Confederation:
Shays’s Rebellion
• An individual was more likely to be
imprisoned for debt than for any other
crime.
• Daniel Shays led a rebellion of debtors in
Massachusetts in the August of 1786.
• The rebellion demonstrated need for
stronger government.
The Articles of Confederation:
The Annapolis Convention
• The crisis led to a meeting in Annapolis in
the fall of 1786.
• At the convention, delegates agreed to
meet in Philadelphia one year later to
discuss revising the Articles of
Confederation.
End of the Confederation
• Insufficient power at national level
• Too much power at the state level
• Northwest Ordinance (June 1787)
– planned future new states to west
– basis for public education system
– banned slavery in new territory
The Constitutional Convention:
A Marriage of Interest and
Principle
• Delegates met beginning in May 1787.
• Delegates represented the elite in American
society.
• “Expressed purpose” – revise Articles.
• Problem - how to give national government
more power while protecting sovereign
interests of all states, big and small.
The Constitutional Convention:
Conflict and Compromise
• The Virginia Plan favored states with
large populations.
• The New Jersey Plan favored the smaller
states.
• The Connecticut Plan - the “Great
Compromise” reached a over
representation.
The Constitutional Convention:
Conflict and Compromise
• The Virginia Plan favored states with
large populations.
• The New Jersey Plan favored the smaller
states.
• The Connecticut Plan - the “Great
Compromise” reached a over
representation.
– Bicameral legislature
• House of Representatives based on population
• Senate with equal representation
Colony
New Hampshire
Massachusetts
Rhode Island
Connecticut
New York
New Jersey
Pennsylvania
Delaware
Maryland
Virginia
North Carolina
South Carolina
Georgia
Free White Other Free
141,097
373,324
64,470
232,674
314,142
169,954
424,099
46,310
208,649
442,117
288,204
140,178
52,886
630
5,463
3,407
2,808
4,654
2,762
6,537
3,899
8,043
12,866
4,975
1,801
398
Slave
158
none
948
2,764
21,324
11,423
3,737
8,887
103,036
292,627
100,572
107,094
29,264
The Constitutional Convention:
The Question of Slavery
• Were the slaves to be counted for
representation purposes?
• The Three-fifths Compromise resolved the
issue of how to count the slaves for purposes
of representation and taxation
• Twenty year moratorium (1808) on slave
importing
Federalists vs. Antifederalists
• These two groups 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.
Ratification Battle
• Federalists
– Elites favoring
oligarchy feared
“excessive
democracy”.
• Strong national
government
• “Federalist Papers”
– Alexander Hamilton
– John Jay
– James Madison
• Antifederalists
– Small farmer and
shopkeepers wanted
government close to
people.
• Stronger state
governments and
protection of liberties
– Samuel Adams
– Patrick Henry
The Compromise
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The Bill of Rights
First 12 amendments to Constitution
Constitution sent to States – Sept 1787.
Delaware ratified in December of 1787.
New Hampshire (9th State to ratified) - June
1788.
• Bill of Rights proposed by Congress in
September 1789.
• Rhode Island ratified in May of 1790.
• Bill of Rights (only first 10) ratified by 9 states
by December 1791.
Constitutional Principles
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Limited government
Popular sovereignty
Federalism
Checks and Balances by Separating the
Power of each branch
• Bill of Rights
Preamble
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We the People of the United States,
In order to form a more perfect Union,
Establish Justice,
Insure domestic Tranquility,
Provide for the common defense,
Promote the general Welfare, and
Secure the Blessings of Liberty
Constitutional Structure
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Article I - Creates legislative branch
Article II - Creates executive branch
Article III - Creates judicial branch
Article IV - Defines state relations
Article V - Defines how to amend the
Constitution
• Article VI - Defines national debt and
supremacy
• Article VII - Ratification
The Constitution:
The Legislative Branch
• Bicameral
• House
– 65 (435) members
– Two year terms
– Elected by the people
• Senate
– 26 (100) members
– Six year terms
– Selected by state legislatures
The Constitution:
Legislative Branch
• Senators initially
• House members
chosen by the state
were to be elected
legislatures.
directly by the
• Designed to
voters.
insulate Senate
• Designed to
from voters
encourage popular
• The 17th
control over the
Amendment (1913)
legislative process
direct election of
U.S. senators.
The Constitution:
Legislative Branch
• Article I, Sec. 8, spells out the
enumerated or delegated powers of the
United States government, including the
power to collect taxes and regulate
commerce.
• Impeachment –House (impeaches) and
Senate (tries) Roles (Articles I & II)
• The necessary and proper clause provides
Congress with greater latitude in
exercising its Article I, Sec. 8, powers.
The Constitution:
Executive Branch
• Article II creates the presidency.
• President is to be elected through an
electoral college that insulates the office
from Congress and the masses.
• Powers of the president are rather 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
• Power of the Supreme Court to interpret
national and state policy/laws to
determine if they are constitutional.
• Kentucky and Virginia resolutions - 1798
• Marbury v. Madison - 1803
The Constitution:
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, provides
that the Constitution and laws of the
United States enacted pursuant to
constitutional authority are the supreme
law of the land.
The Constitution:
Limits on Government 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.
Separation of Powers
Article V - Changing the
Constitution -Amendments:
Many are Called, Few are Chosen
• Amending the Constitution is a lengthy
and difficult process.
• Between 1789 and 1996, more than 11,000
amendments have been offered/introduced
in Congress.
• Only twenty-seven have been ratified.
The Formal Constitutional Amending Procedure
2-9