THE CONSTITUTION

1
THE CONSTITUTION
We The People
2
Roots of the Constitution

• More freedom in colonies
• Administration of colonies was expensive,
  especially protection (Seven Years War)
• Great Britain taxed the colonies to meet costs.
• Resistance from colonists
• Taxation without representation

3
Response

• First Continental Congress (1774)
• Major concern was to oppose activities by the
  British
• Second Continental Congress (1775)
• More concerned w/ gaining independence
• Revolutionary War
• Declaration of Independence
• Based large on Lockes writing (social contract
  theory)
• Right of rebellion
• Issues of denial of personal freedom and liberty

4
Development of a GovernmentPart I

• Concerned w/ strong, national government.
• Articles of Confederation
• Set up a confederation - a loose association of
  independent states that agree to cooperate on
  certain matters
• Each state had one vote in national congress
• Requirement of 9 states to pass any measure
  unanimous to amend Articles
• Weak central and strong state governments

5
Failure of the Articles

• National government did not have power to tax
• There was no central leader of the nation
• Government could not regulate interstate and
  foreign commerce
• Could only be amended by unanimous consent
• Shays Rebellion

6
Development of a GovernmentPart II

• The problems of the Articles led to the calling
  of the Constitutional Convention
• Purpose was to revise the Articles
• Instead they began to create a new constitution
  (treason??)
• Pledge of secrecy
• Virginia Plan versus the New Jersey Plan

7
Conflict and Debate

• Virginia Plan
• 3 branches of gov., legislative, executive,
  judiciary
• 2 house legislature
• Representation based on population
• Legislature would select executive(s)
• Big state support

• New Jersey Plan
• Single house legislature
• States have equal representation
• Multiperson executive elected by legislature
  without veto power
• Small state support

8
The Great Compromise

• Conflict between large and small states
  particularly as it related to representation
• Great Compromise provided for
• Two-house legislature
• House of Rep. would be based on population
  revenue raising acts had to originate in the
  House
• Equal representation in the Senate selected by
  state legislatures and not the people
• Three-Fifths Compromise

9
What about the Executive?

• Founders did not want popular election,
  distrusted peoples judgment
• Small states against election by legislature
• Developed the Electoral College
• Impeachment for removal

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Basic Principles of the Constitution

• Federalism
• Separation of Powers
• Checks and Balances

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Federalism

• Division of power between central government and
  regional units
• Constitution lists the powers given to the
  national government and denied to the states
• All others remain with the states

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Separation of Powers

• Three distinct branches of government
• Executive (president) Law-enforcing
• Legislative (Congress) Lawmaking
• Judicial (Courts) Law-interpreting
• Ensures power does not fall in a single branchs
  hand
• In reality, we have separate institutions sharing
  power

13
Checks and Balances

• Gives each branch some control over the other
  branches
• Prevents the exercise of power by any one branch
  of government
• E.G., Congress passes a law, but the president
  can veto Congress can then override with a 2/3
  majority vote

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Article I -- Legislative Article

• Bicameral (two-chamber) Congress
• Provides enumerated (stated) powers
• Necessary and Proper Clause or Elastic Clause
• gives Congress the ability to execute the
  enumerated powers.
• ...to make all laws which shall be necessary and
  proper for carrying into execution the foregoing
  powers.

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Article II -- Executive Article

• Establishes presidents term of office (4 years)
• Procedures for electing
• Qualifications
• Duties and powers
• Commander-in-Chief
• Making treaties
• Appointing government officers

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Article III -- Judicial Article

• Very vague
• Established a Supreme Court as supreme court in
  the land
• Did not establish size, or procedures to follow
• Congress created a federal court system
• Judges serve life terms (unless impeached)
• Does not provide right to judicial review, this
  was implied later in court case.

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Articles IV - VII

• Article IV
• Full faith and credit -- states must honor laws
  of other states
• Article V
• methods of amending Constitution
• Article VI
• Supremacy Clause -- when in conflict, national
  laws take precedent over state and local laws
• Article VII -- Ratification process

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Debate and Ratification

• Viewpoints of two conflicting groups
• Federalists (supporting ratification) and
  Antifederalist (opposing ratification)
• Federalist Papers
• Written to defend the Constitution and promote
  ratification (Jay, Hamilton, Madison)
• Federalist 10
• Federalist 51
• Bill of Rights
• First ten amendment that protect basic freedoms

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Changing the Constitution

• Proposal
• Proposal by 2/3 majority of the House and Senate
  OR
• National convention summoned by Congress at the
  request of 2/3 of the state legislatures (never
  used)
• Ratification
• Legislature in 3/4 of the states OR
• Conventions in 3/4 of the states (used only once,
  21st)
• Amendment Categories
• structural changes, expanding rights, public
  policy, overruling Supreme Court decisions.

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Informal Changes

• Court Interpretation
• Supreme Court interprets the Constitution and
  their interpretation may change.
• Social and Cultural Change
• Congress took on more power after Depression