Chapter Two Establishing the Constitution

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Chapter TwoEstablishing the Constitution
Instructor Kevin Sexton Course U.S. Political
Systems Southeast Missouri State University
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constitution versus Constitution
The document by which the U.S. Government operates
rules or guidelines by which an organization
(country) operates
How many constitutions has the United States had?
TWO
Articles of Confederation U.S. Constitution
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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 of the Colonies
3. European Philosophers
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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.
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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
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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.

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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
Englands Treasury started running low
because 1. The French and Indian War 2. The
continued cost to protect the colonies from
the Indians.
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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.
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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
• Men have inalienable rights.
• Authority to govern comes from the governed.
• The governed have the right to change or
  overthrow a
• government that is not fulfilling its
  responsibilities.

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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 T
he Pursuit of Happiness Why the change from John
Lockes idea of LIFE, LIBERTY PROPERTY?
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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)
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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.
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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.

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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.

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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.

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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.

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Articles in Action (continued)

• Shays Rebellion
• In 1886 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.

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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
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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.

• Equality of States
• Equality of Government Institutions
• Personal Equality
• Political Equality

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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?
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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.

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Equality of States (continued)
Connecticut Compromise

• Created a Bi-Cameral Legislature (two houses).
• One house (Upper) would have equal
  representation.
• Two Senators from each state.
• 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?
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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.
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Equality of Government Institutions
Created three co-equal branches of government

• Legislative
• Executive
• Judicial

• Each had its own powers.
• Each branch had to share some powers.
• Each branch had a series of checks on the powers
• of the other branches.

MUCH MORE ON THESE ISSUES TO COME
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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
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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.
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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.
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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.
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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.
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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.
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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.
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How the Government Created Accomplished those
three things.
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Protection of Individual Freedoms
The Constitution itself addresses very few
individual freedoms.

• Cant Suspend Writ of Habeas Corpus
• No Bills of Attainder
• No Ex Post Facto Laws

Why didnt the Constitution Address more
Individual Freedoms.

• 1. Most of the States already addressed them in
  their
• State constitutions.
• Writers felt they should remain State issues.
• Writers felt that making a list of protected
  rights
• would cause the national government to feel
  those
• were the only protected rights.

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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)