The Constitution

1
The Constitution

• Lecture 2

2

• "That there are men in all countries who get
  their living by war, and by keeping up the
  quarrels of Nations, is as shocking as it is
  true but when those who are concerned in the
  government of a country make it their study to
  sow discord, and cultivate prejudices among
  Nations, it becomes the more unpardonable."
• Thomas Paine

3
Setting the Stage

• Trade
• Mercantilism British policy to amass large
  quantities of gold and silver by controlling
  trade
• Taxation
• The Sugar Act of 1764 No taxation without
  representation
• The Stamp Act of 1765 All documents must pay a
  tax
• The Townshend Acts of 1767 Duties on products
  including tea
• Another tax on tea in 1773 and into the harbor it
  went!

4
Declaration of Independence

• The First Continental Congress (1774)
• The rights of petition and assembly, trial by
  peers, freedom from a standing army, and the
  selection of representative councils to levy
  taxes.
• The Second Continental Congress (1775)
• Call for Independence from Virginia delegates.
• Initially 6 of 13 colonies agreed
• Thomas Paine, Common Sense, Jan, 1776
• July 4, 1774 the Declaration of Independence was
  adopted.
• Thomas Jefferson was primary author
• Life, liberty, and the pursuit of happiness

5
Articles of Confederation

• A national government and national legislature
  (Congress)
• Congress would have power to coin money, make
  peace, appoint officers to military, run the post
  office, and negotiate with the Indian nations
• Each state would have equal representation (1
  vote)
• 9 out 13 needed for passage of legislation and
  amendments
• Members of Congress chosen and paid for by state
  legislatures

6
Constitutional Convention

• Philadelphia, Pa in 1787
• 55 delegates (Founding Fathers)
• Virginia Plan
• Strong central government (3 branches)
  population-based, bicameral legislature (one
  elected, one appointed by state legislature)
• New Jersey Plan
• State-based, unicameral legislature appointed by
  state legislature (one vote per state)
• Great Compromise
• Bicameral (lower by population upper equal)
• Three-Fifths Compromise
• Counting of slaves for the purpose of
  representation

7
Basic Principles of the US Constitution

• Federalism
• Power divided between federal and state
  government (vertical control of power)
• Separation of Powers
• Each branch of government (legislative,
  executive, and judicial) would be independent and
  equal. (horizontal control of power)
• Checks and Balances
• Power of one branch is checked by power of
  another branch
• Supremacy Clause
• In arguments between Federal and State
  government, the Federal government wins

8
Articles of the Constitution

• Article I The Legislative Branch
• The Elastic Clause
• Article II The Executive Branch
• Article III The Judicial Branch
• Judicial Review established via decision in
  Marbury vs. Madison (1803)
• Article IV The States
• Full Faith and Credit Clause
• Article V Amendment
• Article VI Debt, Supremacy, Oaths
• Article VII Ratification

9
Amendments

• 27 amendments
• First 10 are the Bill of Rights, they include
• Freedom of Religion, Press, Expression
• Right to Bear Arms
• Quartering of Soldiers
• Search and Seizure
• Trial and Punishment, Compensation for Takings
• Right to Speedy Trial, Confrontation of Witnesses
  
• Trial by Jury in Civil Cases
• Cruel and Unusual Punishment
• Proposed by Congress (2/3 vote in both chambers)
  ratified by state legislatures (3/4 vote)