Lecture TwoThe U'S' Constitution

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Lecture TwoThe U.S. Constitution
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Preamble to the Constitution

• 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 to ourselves and
  our Posterity, do ordain and establish this
  Constitution for the United States of America.

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Purposes of a Constitution

• Outlines of the organization of government
• Grants powers
• Serves as a symbol for the nation.
• A constitution is a social contractit requires
  the consent of the people in order to function.

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The Road to Independence

• Many factors led the colonists to demand
  independence from the English Monarchy
• Proclamation of 1763
• Sugar Act of 1764
• Currency Act of 1764
• Stamp Act of 1765
• NO TAXATION WITHOUT REPRESENTATION!!!

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The Road to Independence

• First Continental Congress1774
• Colonists met to discuss grievances against
  England.
• Second Continental Congress 1775
• Declaration of Independence1776
• Written by _______________ (with the assistance
  of Ben Franklin).
• The Declaration of Independence listed grievances
  against King George that warranted a rebellion.
• The Declaration of Independence borrowed language
  from John Locke (__________, _____________ and
  the______________).
• Stemmed from the belief that government was an
  agent of the people and that people have certain
  rights given to them by the Creator.
• The Declaration of Independence was a from of
  social contract---it expressed a formula for
  overthrowing an old regime.

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Themes in the Declaration of Independence

• Humankind shares ________all people possess
  certain inalienable rights.
• Government is a ________ of and _________ to the
  people must have consent of the governed.
• Rights that all intrinsically possess constitute
  a higher law binding government---must be aligned
  with ___________ rights.
• Governments are bound by their own lawsno one is
  above the law

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Articles of Confederation

• Written 1777 (Radified1781).
• A Confederation is a loose association of
  independent states, where states remained
  independent from the National Government,
• Acted as Government charter during Revolutionary
  Warserved as Americas first Constitution.
• Features of Articles of Confederation
• Preserved State Autonomy
• Guaranteed Equal Representation for States (each
  state equaled one vote).
• Granted central government only a few important
  powers (foreign affairs and military).
• No executive branch or national courtsStates
  courts had all power.
• Amendment process was virtually impossible
  because amendment by unanimous consent only.

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Articles of Confederation- Weaknesses

• Lack of Power in the Central Government and too
  much power to State governments.
• National Government Could Not
• Levy Taxes
• Wage War
• Regulate Commerce
• Provide a Uniform Currency
• Shays Rebellion- an uprising led by farmers in
  Massachusetts whose homes were being foreclosed
  upon and were angry about the lack of national
  relief. The rebellion highlighted how the
  central government was powerless to protect the
  nation from violence under the Articles of
  Confederation.

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The Drafting of the Constitution

• It quickly became evident that a new charter was
  needed and delegates from twelve states attended
  the ______________ Convention for the sole
  purpose of amending the Articles of
  Confederation.
• May 27, 1787George Washington is elected
  President of the Convention.
• It quickly became evident that a replacement for
  the Articles of Confederation was necessary.

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The Virginia Plan

• Bicameral Legislature (lower house chosen by the
  people and the upper house chosen by the State
  legislature).
• Representation based on Population (favored large
  states).
• Single Chief Executive (elected by legislature).
• National Judiciary elected by legislatures.
• Much more powerful national government.
• Derived power from the people, not the states.

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The New Jersey Plan

• Similar to Articles of Confederation (favoring
  small states).
• One House Legislature with equal State
  representation.
• Plural Executive removable by Legislatures.
• Judiciary appointed by Executive.
• Derived power from the states, not the people.
• Favored smaller States.

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The U.S. Constitution

• The Great Compromise
• (Robert Sherman of Connecticut)
• Senate (upper chamber)- Equal Representation by
  Statechosen by State Legislatures.
• House of Representatives (lower chamber)-Elected
  based on State population.
• National Judiciary- appointed by the President
  and confirmed by the Senate.
• President- One Person Chief Executive
• President elected by Electoral College
• System adopted as a way to avoid giving too much
  power to the masses.
• 538 total electoral votes 270 votes needed to
  win
• Faithless Elector- Electors do not have to vote
  as mandated on State ballot returns- RARE
  OCCURRENCE.
• Created a system where the President can win only
  a few states (13 states minimum) and still win
  the election with high population States (i.e.
  CA, FL, NY, TX). It is possible that a candidate
  can win the popular vote but still lose the
  election.

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Constitution, Continued

• Voters- White Males over 21- WHO OWNED LAND.
• Slavery (not mentioned in the Constitution)
• 3/5 Compromise- slaves accounted for 3/5 of a
  person in terms of representation. This was to
  appease big States that wanted to count slaves
  and small States that did not.

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Features of the Constitution

• Representative Government with divided powers
• Separation of Powers
• System of Checks and Balances
• Single Independent Executive
• National Judiciary Elected for Life
• Adaptable

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Arguments over the Constitution

• Federalists v. Anti-Federalists
• Anti- Federalists were very concerned that the
  Constitution weakened State governments and would
  eventually lead to the loss of local Authority.
• Federalists (George Washington, Alexander
  Hamilton and James Madison) believed that elites
  were best to govern and feared an excessive
  democracy. The Federalists favored a strong
  national government believed in filtration so
  that only elites would be able to obtain
  government power.
• Property owners, creditors and merchants
• Anti-Federalists (Patrick Henry, George Mason and
  George Clinton) believed that government should
  be closer to the people and feared concentration
  of power in the hands of elites. The
  Anti-Federalists favored preserving the rights of
  state government and the protection of individual
  rights.
• Small farmers, frontier men, debtors and
  shopkeepers.
• The Amendments to the Constitution were added to
  appease Anti-Federalists.

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Constitution- Article IThe Legislative Branch

• Bi-Cameral Body consisting of the House of
  Representatives and the Senate.
• Framers of the Constitution were wary of
  Executive Power and the tradition of a Strong
  Legislature greatly influenced Article One.
• Established limits on federal and state
  legislative powers.
• Senator
• Initially appointed by State Legislatures (until
  the 17th amendment in 1913 which instituted the
  direct election of Senators).
• 30 years old
• Resident of State
• Citizen for 9 years
• Six year term, no limit
• Representative
• 25 years old
• Resident of State
• Citizen for 7 years
• Two year term, no limit
• The staggered terms were meant to make
  legislators more resistant to popular pressures.

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Article I, Section Eight

• Specifically lists the powers of Congress
  authority to collect taxes, borrow money,
  regulate commerce and declare war.
• Necessary and Proper (Elastic) Clause
• Gave Congress the authority to make all laws
  necessary and proper to carry out the powers
  granted to Congress.
• Designed so that the specific listing of powers
  given to Congress would not be a restraint on
  their authority.
• Allowed for a strict or loose interpretation of
  legislative power.

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Constitution- Article IIThe Executive Branch

• Establishes conditions of the Presidency
  including the election of the President (indirect
  election thru the electoral college) and duties
  of the office.
• Duties of the office include power to accept
  ambassadors from other countries right to grant
  reprieves and pardons right to order Congress
  into a special session and the right to veto an
  act of Congress.
• Terms and Conditions of Office
• 35 years old
• Natural-born U.S. Citizen
• 4 year term, no limit
• 22nd Amendment (1951)- set two term limit for
  President

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Constitution- Article IIIThe Judicial Branch

• Describes the Court System (Supreme Court)
• Main purpose was to resolve any conflicts that
  arose between federal and state laws.
• Lifetime appointment by President (with Senate
  approval)designed to protect Justices from
  popular politics and influence from other
  branches.
• Judicial Review (the power of the Supreme Court
  to make final decisions where the is a conflict
  over the interpretation of the Constitution) is
  not mentioned in the Constitution.

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Constitution- Article IVRelations Among States

• All states are required to respect one anothers
  laws, records, and lawful decisions (with certain
  exceptions i.e. criminal codes).
• Established that only Congress could admit new
  States to the Union.
• Promised states a form of government in which the
  people would elect their representatives. In
  exchange, the federal government would protect
  states from any foreign attack and during times
  of uprising within the states.

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Constitution- Article VThe Amendment Process

• Proposal Stage
• 2/3 Vote in the House and the Senate (common)
• Request of 2/3 of all States (34 states-Rare)
• Ratification Stage
• ¾ of all State Legislatures (38 states must
  accept amendment-common)
• Constitutional Convention in ¾ of all States
  (Very Rare)
• Constitutional Change
• Formal Amendments (Only 27- including the initial
  ten- have been added)
• Since 1791only 17 new amendments have been
  adopted despite obvious and vast political and
  social changes since the drafting of the
  Constitution.
• It is very difficult to amend the Constitution.
  The main reason is the requirement of two-thirds
  vote in the House and the Senate, which means
  that any proposal for an amendment can be killed
  by only 34 Senators or 146 members of the House.
  

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Constitution- Article VIFederal Powers

• Supremacy Clause
• Provided that all national laws and treaties
  shall be the Supreme Law of the Land. This
  meant that all laws adopted under the Authority
  of the United States would be superior to all
  laws adopted by any state and that all states
  would be expected to respect all treaties made
  under that authority.
• This was a direct effort to keep states from
  dealing separately with foreign nations or
  businesses.

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Constitution- Article VIIRatification

• Only nine states were required to ratify the
  Constitution.
• Special state conventions were to be called for
  the purpose of ratifying the Constitution.
• Controversial at the time but considered
  necessary to push the adoption of the new regime.

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AmendmentsThe Bill of Rights

• The Bill of Rights was a supplement added to the
  Constitution to appease Anti-Federalists.
• It places rigid restrictions on the branches of
  government.
• Amendment I- Placed limits on Congress
• Amendments II, III, IV- Placed limits on the
  Executive
• Amendments V, VI, VII, VIII- Limits on Courts
• Amendments IX, X- Limits on National Government
• Civil rights that are not explicitly stated in
  the Constitution are still held by the people
  Powers not specifically delegated by the
  Constitution to the federal government or
  expressly denied to the states belong to the
  states and to the people. Referenced as the
  Reserved Power Clause.

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Other Important Amendments

• The 18th Amendment (Prohibition) and the 21st
  Amendment (its repeal) are the only instance of
  the country trying to legislate thru the
  amendment process. It is also the only amendment
  to have ever been repealed.
• 13th Amendment (1865)- Abolished Slavery.
• 16th Amendment (1913)- Established Income Tax.
• 15th Amendment (1870)- Established right to vote
  regardless of race.
• 19th Amendment (1920)- Established womens right
  to vote.
• 24th Amendment (1964)- Extended voting rights to
  all classes and eliminated the poll taxes.

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The Federalist Papers

• The Federalist Papers were written by Alexander
  Hamilton, James Madison and John Jay as articles
  in the New York newspapers in an effort to get
  New Yorkers to support the new Constitution.
• Federalist 10- Most Famous
• Faction (political parties and interest groups)
• Federalist 51
• Separation of Powers, Checks and Balances
• What were the undemocratic aspects of the
  Constitution.

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Ratification of the Constitution

• The Constitution was signed on September 17, 1787
  by thirty nine members of the Convention.
• On September 27, 1787 the document was turned
  over to the States for ratification.
• All States except Rhode Island set up special
  conventions for the purpose of adopting the
  national Constitution.
• Article Seven of the Constitution states that
  only nine states had to ratify in order for the
  Constitution to go into effect.
• Delaware was the first state to ratify on
  December 7, 1787. It was not until June 21, 1788
  that the nine required states agreed to adopt the
  Constitution.
• Ratification was acknowledged on September 13,
  1788.