The Constitution

1
Chapter 2

• The Constitution

2
The Problem of Liberty

• The American colonists wanted to protect what
  they believed were their rights as British
  subjects
• They reached a point where they no longer
  believed that the British government was willing
  or able to protect those liberties
• Patrick Henry corrupt House of Commons
• Alexander Hamilton called England an old,
  wrinkled, withered, worn-out hag (p.18)

3
What was the problem with England?

• Democracy in England came about through an
  evolutionary process
• Absolute monarchy slowly gave way to a democratic
  parliament
• Curia Regis Kings Council bishops, abbots,
  earls and knights gave advice to the king, but
  were not elected and had no power over the king
• Magna Carta (1215) nobles think they should
  have some power to protect themselves from the
  excesses of the king
• Civil War in 1264 Baron Simon de Montfort
  sought advice from commoners in order to gain
  common support in this war against King Henry III
• In the 1300s, the commons got their own house in
  parliament

4
England Democracy Continued

• The House of Commons is now the most powerful
  governing body in England
• Royals dont even go to the House of Commons
  since 1642
• There is no written Constitution in England like
  we have in the US
• Therefore no act of parliament can be ruled
  unconstitutional

5
Was the American Revolution about Economics?

• Textbook (p. 18) There was general agreement
  that the essential rights included life, liberty,
  and property long before Thomas Jefferson wrote
  them into the Declaration of Independence.
  (Jefferson changed property to the pursuit of
  happiness, but almost everybody else went on
  talking about property.)

6
Economics continued

• most Americans at the time of the war saw the
  conflict clearly in terms of political rather
  than economic issues. It was a war of ideology.
  (p. 18)
• There were definitely ideological issues at
  stake, but many were based on economic complaints.

7
Age of Salutary Neglect

• Prior to the Seven Years War or French and Indian
  War (1756-1763) the colonies were mostly
  self-governing
• The Navigation Acts were not strictly or
  regularly enforced
• The Navigation Act 1660 - ships' crews had to be
  three-quarters English, and "enumerated" products
  not produced by the mother country, such as
  tobacco, cotton, and sugar were to be shipped
  from the colonies only to England or other
  English colonies.
• The Navigation Act 1663 (also called the Act for
  the Encouragement of Trade) required all European
  goods bound for America (or other colonies) to be
  shipped through England or Wales first. In
  England, the goods would be unloaded, inspected,
  paid duties, and reloaded. The trade had to be
  carried in English bottoms (i.e. vessels), which
  included those of its colonies. Furthermore,
  imports of 'enumerated commodities' (such as
  sugar, rice, and tobacco) had to be landed and
  pay tax before going on to other countries. This
  increased the cost to the colonies, and increased
  the shipping time.

8
Other Economic Factors

• The colonies didnt want to have to help pay for
  the war
• The colonies were importing more goods from
  England than they were exporting colonists went
  into debt
• Revenue Act of 1762 cracks down on illegal trade
  between English and French colonies
• Collected 30,000 per year compared to 2,000 per
  year before

9
Economic Factors continued

• After the war was over there was a recession in
  the colonies (1763)
• 1764 legislation
• Currency Act no paper money in the colonies
• Sugar Act changed smuggling cases to British
  Admiralty courts shifted the burden of proof to
  the accused
• John Hancock was a molasses smuggler
• Admiralty courts did not have juries and the
  judges had a financial incentive to find the
  accused guilty

10
Economic Factors (cont)

• Stamp Act (1765)
• Required the attachment of a stamp to legal
  documents, playing cards, newspapers, etc.
• Stamps could not be purchased with paper money
• Enforced by admiralty courts
• Was a direct tax on the colonies designed to
  raise revenue not regulate trade
• Colonial governments had always been the only
  body to levy direct taxes in the colonies

11
Stamp Act continued

• The colonies called the Stamp Act Congress
• Only the second time in history an inter-colonial
  body had been convened
• Decried taxation without representation
• Parliament argued that they were virtually
  represented and direct representation was
  unnecessary
• Sons of Liberty formed to disrupt the
  distribution of the stamps
• Non-Importation Agreement
• The colonies agreed to stop importing British
  goods in order to get English merchant to
  pressure Parliament into repealing the Stamp Act
• Stamp Act was repealed in 1766

12
More Acts

• 1767 Townshend Act Revenue Act
• Taxed goods imported into the colonies
• Used that money to pay royal governors colonial
  administrators and make more of the hated
  vice-admiralty courts
• Led to another boycott on imports from England
• Townshend Act was repealed in 1770 except for the
  tax on tea

13
More Acts

• 1773 Tea Act
• Gave the East India Company a monopoly on tea
  within the British Empire
• Done really for the sake of the East India
  Company, not to affect the colonies
• Colonist saw it as a way to make them buy British
  tea and consequently pay the tea tax
• December 16, 1773 Boston Tea Party
• 342 chests of tea valued at 10,000 were dumped
  into Boston Harbor

14
The Intolerable Acts 1774

• Boston Port Act closed the port of Boston until
  the East India Company was repaid for the lost
  tea
• Massachusetts Government Act - brought
  Massachusetts under control of royally appointed
  official instead of locally elected officials
• Administration of Justice Act Allowed the
  Governor of Massachusetts to move court trials
  for royal officials to another colony or back to
  England
• Quartering Act applied to all the colonies
  Allowed British soldiers to be housed in
  unoccupied building if the proper facilities were
  not provided
• Quebec Act Enlarged the province of Quebec to
  include some lands claimed by existing colonies

15
First Continental Congress

• Called in 1774 in response to the Intolerable Act
  and in support of Massachusetts
• Produced the Declaration of Rights and Grievances
• Said Parliament had no right to make laws
  pertaining to the colonies

16
The Fighting Begins

• Lexington and Concord April 1775
• New England colonies take up arms against the
  mother country
• May 1775 Second Continental Congress
• Created The United Colonies of America
• Adopted the New England militia as the
  Continental Army
• Named George Washington commander-in-chief of
  that army

17
Changes in Colonial Governments

• Early part of 1776 eight of the colonies write
  new constitutions to replace their colonial
  charters
• Gave more power to local legislatures took a
  lot of power away from royal governors
• Included written Bills of Rights
• All but Connecticut and Rhode Island followed
  suit within a few years
• July 4, 1776 Declaration of Independence
• Prior to this they were still fighting for rights
  within the British Empire
• With this declaration they were shifting their
  focus

18
Independence, now what?

• States were fiercely independent
• The states came together for the war, but wanted
  to retain their autonomy.
• There was no legal constitution binding the
  states together before 1781
• All national power was exercised by the Second
  Continental Congress until the adoption of the
  Articles of Confederation in 1781

19
Power of the Second Continental Congress

• Composed of delegate sent by the sovereign states
• Held both the executive and legislative power
• Organized an Army and raised a Navy
• Regulated commerce
• Sent representatives to France and other European
  countries
• Issued paper money
• Declared the independence of the Colonies from
  Great Britain
• Proposed the Articles of Confederation

20
Articles of Confederation

• Under the Articles states were still sovereign
  and independent.
• Created a League of Friendship between the
  states
• There was only a legislature, the Continental
  Congress, where each state had one vote.
• There was no judiciary to settle interstate
  disputes.
• John Hancock was elected president, but never
  showed up to take the job (p. 21)

21
Under the Articles of Confederation

• Articles could not

• Articles could

• levy taxes
• regulate commerce

• make peace agreements
• coin money
• appoint army officers
• run the post office

22
Problems under the Articles

• There was no way to settle interstate disputes
• Pennsylvania and Virginia went to war against
  each other
• The territory that is now Vermont threatened to
  become part of Canada
• Washington and Hamilton believed a stronger
  national government was necessary to promote
  unity, regulate trade and maintain security

23
Shays Rebellion

• January 1787 Revolutionary War Veterans take
  over a courthouse in Springfield, Mass.
• They wanted to keep their property from being
  foreclosed on.
• The Confederate government had no way of dealing
  with the problem.
• Private money was raised and the rebellion was
  put down.  
• Jefferson, who was in France at the time, said
  A little rebellion now and then is a good thing.
  The tree of liberty must be refreshed from time
  to time with blood of patriots and tyrants. (p.
  23)
• People worried about their safety and leaders
  worried that the government was not strong enough
  to stay together.
• Need for reform at the national level was
  recognized.

24
Constitutional Convention

• May 1787 delegates met at Philadelphia to
  revise the Articles of Confederation
• Rhode Island didnt even send delegates
• Their goal was to protect life, liberty and
  property while increasing central authority
• They had no existing example to use as a template
• Looked to history and state constitutions for
  inspiration
• Became a 4 month long lesson in compromise

25
Pennsylvania Constitution

• Radically democratic
• Unicameral legislature
• Served one-year terms
• Four-term limit for legislators
• Executive Council
• No governor or president
• Limited in its power
• Was an example of Tyranny of the Majority
• When the majority of people decide to take rights
  or liberties away from a smaller group or
  minority
• Disfranchised Quakers
• Persecuted conscientious objectors to the war

26
Massachusetts Constitution

• Clear separation of powers between branches of
  government
• Governor
• Directly elected by the people
• Could veto acts of the legislature
• Judges served for life
• Voters and elected official had to be property
  owners
• Had to own 1,000 worth of property
• Principle officeholders had to swear their were
  Christians

27
What changes to make and how

• Amending the Articles required the consent of all
  thirteen states
• The delegates from Virginia immediately began to
  advocate throwing out the Articles of
  Confederation and starting from scratch
• They brought a plan with them when they came to
  the convention
• Called the Virginia Plan
• Gave more power to the larger states
• Delegates from smaller states proposed an
  alternative plan
• Called the New Jersey Plan
• Preserved the power of smaller states
• Was not premeditated, but was a reaction to the
  Virginia Plan

28
Virginia vs. New Jersey Plan

• The Virginia Plan

• The New Jersey Plan

• 3 branches of government
• Legislative, executive judicial
• Legislative branch is the most powerful branch
• Chose people to serve in the executive and
  judicial branches
• Bicameral legislature
• Upper house elected by state legislatures
• Lower house directly elected by the people
• Both houses representation would be proportional
  based on population

• 3 branches of government
• Legislative, executive judicial
• Legislature appoints the members of the executive
  branch
• Executive selects justices for the Supreme Court
• Unicameral legislature
• Equal representation for all states

29
The Great Compromise (or Connecticut Compromise)

• House of Representatives
• Representation based on population
• Popularly elected by the voters in each state
• Senate
• Equal representation for all states (2 senators
  each)
• Elected by state legislatures

30
Other CompromisesThe President

• How elected
• Some wanted direct election by the people
• Some wanted election by Congress
• Compromise Electoral College
• Term
• Some wanted life
• Some wanted 7-year term
• Some wanted 3-year with no reelection
• Compromise 4-year term with no limit on
  reelection

31
Other CompromisesThe Supreme Court

• Some wanted the Senate to choose
• Some wanted the President to choose
• Compromise President nominates and Senate
  confirms

32
The Slavery Issue

• The word slave or slavery is not used in the
  Constitution but the issue is addressed in 3
  places.
• The Three-Fifths Compromise on representation in
  the House of Reps
• Prohibiting the Congress from ending the slave
  trade prior to 1808
• The Fugitive Slave Clause which requires run-away
  slaves to be returned

33
What is in the Constitution

• Article I describes, and gives the powers of, the
  Legislative branch
• Article II describes, and gives the powers of,
  the Executive branch
• Section 2 lists the expressed powers of the
  President
• Article III creates the federal court system
• Section 2 lists the jurisdiction of the federal
  court system

34
What is in the Constitution (cont)

• Article IV deals with interstate relations and
  the formation of new states
• includes the Fugitive Slave Clause
• Article V describes the process for amending the
  Constitution
• Article VI addresses the relationship between the
  states and the national government
• Article VII describes the procedure for ratifying
  the Constitution

35
Making the Constitution the Supreme Law of the
Land

• To become law, the Constitution had to be
  ratified by 9 of the 13 states through special
  conventions
• When the Constitution was signed it was by the
  Unanimous Consent of the States present (U.S.
  Constitution, Closing, p. A12)
• But still not all delegates presents agreed
• Rhode Island had no delegates present
• Alexander Hamilton was the only New York
  signature

36
A New Struggle BeginsRatification

• Federalists (nationalists)
• Favored ratification of the Constitution as is
• James Madison, Alexander Hamilton John Jay
  wrote the Federalist Papers
• Antifederalists (states righters)
• Were fearful of the power given to the new
  national government
• Thought that liberty could only be secured in
  small republics
• Patrick Henry, Thomas Paine Thomas Jefferson
  were among the most vocal

37
The Federalist Paper 10

• Written by James Madison
• Republic is better than direct democracy large
  republics are better than small republics
• Factions will always exist because people will
  always prefer what is best for themselves over
  what is best for the whole or some smaller group
• Faction A group with a distinct political
  interest
• In a large republic, factions will more
  difficulty taking over the government. There
  will have to be cooperation among factions
  candidates will have to appeal to groups with
  more varied interests.

38
Federalist Paper 51

• Written by James Madison
• Separation of powers between the states
  national government and between the branches of
  government will be maintained by self-interest
• This will provide protection from tyranny on all
  fronts
• The larger the republic the better

39
Preserving Liberty

• The Antifederalist fears
• Federal government would steal power from states
• Congress would tax too much
• Supreme Court would strike down state laws
• President would build and keep a strong standing
  army
• All these fears were justified, as all of these
  things have happened

40
The Compromise

• The promise to add a Bill of Rights
• The first ten amendments to the Constitution
• Designed to preserve the rights of citizens
  against the abuses of the national government
• Modeled after the Virginia Bill of Rights
• Did not apply to the states until the passage of
  the Fourteenth Amendment

41
Ratification Nationwide

• Delaware ratified first
• Virginia passed by 10 votes
• New York passed by 3 votes and then only after
  New York City threatened to secede from the state
  if they didnt ratify
• North Carolina and Rhode Island originally voted
  no on the new constitution

42
The New Union

• By 1788, nine of the thirteen states had ratified
  the new constitution
• By 1790, all the states had ratified it
• The first electoral college chose George
  Washington as president
• Washington was inaugurated April 30, 1789
• The Bill of Rights was ratified by the states and
  went to effect in 1791

43
Should the Constitution be changed?

• Some believe the government should have more
  power
• The separation of powers leads to a government
  that cannot really lead effectively
• The president should have more power to make the
  decisions on policy and avoid the bickering that
  goes on in Congress
• Some believe the government already has too much
  power
• Special interests are too powerful
• The government spends too much money
• The federal courts are too powerful

44
Changes to the Constitution

• Most amendments to the constitution to this point
  have been done to increase democracy freedom,
  not limit it
• Ending slavery (13th)
• Extending the right to vote to former slaves
  (15th), women (19th), and people 18 years old
  (26th)
• Direct election of Senators (17th)
• The glaring exception is the 18th Amendment
• Later repealed by the 21st Amendment