The Constitution

1
The Constitution
2
Problems Leading to the New Constitution

• Insecurity Against Invasion

• Economic problems
• massive public debt
• trade problems with Britain
• no national economy

BRITISH CANADA
PESKY REDSKINS
SPAIN
3
Problems Leading to the New Constitution

• The catalyst Shays Rebellion
• Showed weakness of the Articles of Confederation

Meeting set in Annapolis, MD, to correct flaws of
the Document 6 States attend
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The Articles of Confederation

• Weaknesses
• - No national military
• - No courts
• - No national economy
• - No ability to tax
• - Unicameral legislature one vote per State
• - weak president, chosen from leg.
• Each State govt. stronger than national govt.
  economic and military powers given to States, not
  USA

5
Philadelphia May Sept., 1787

• Purposes
• revise the Articles
• Characteristics of
  attendees
• Areas of common agreement
• Stronger national government
• Military under national control
• 3. Fears of mobocracy
• Prime goal balance between States and national
  governments

6
Four Main Issues

• Representation state basis or population basis
• Economic powers national economy vs. state
  economies
• Direct vs. Indirect democracy
• Individual rights vs. majority rule

7
The Fears of the Founding Fathers

• Mob democracy
• Future tyranny
• Too powerful a central government
• Too weak a central government

• Two sides of the argument
• The Federalists favored central government
• The Anti-federalists favored the State
  governments

8
New Powers Given to the National Government

• Taxation
• Military
• Currency
• Treaties
• Regulation of Commerce

9
The Three Branches of Government
10
Checks and Balances
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The Issue of Representation

• The Virginia Plan
• Representation based on population (or tax
  donations)

• The New Jersey Plan
• Representation based on two per State

12
The Connecticut Plan(The Great Compromise)

• House based on population, chosen directly by
  the people
• Senate based on two per State, chosen by State
  legislatures

13
The 3/5 Compromise

• 60 of slave population counted for
  representation (three fifths all other persons)
• Slave importation banned after 1808

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The Constitution
Article I Structure and Powers of
Congress Article II Powers of the
President Article III the Judiciary Article IV-
Full Faith and Credit, Treason, and guarantee of
Republican State Governments Article V
Amendment Process Article VI the Supremacy
Clause Article VII the Ratification Process
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The Anti-Federalists
George Mason

• Opposed to the
• new Constitution
• Main concerns
• too much power to central government
• undemocratic
• no Bill of Rights
• State power weakened
• the Supreme Court

Patrick Henry
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The New York Convention

• Hamilton, Madison and John Jay write the
  Federalist Papers in support of the document

17
Ratification of the Constitution
18
The Amendment Process - Formal

• Article V
• The Congress, whenever (1) two thirds of both
  houses shall deem it necessary, shall propose
  amendments to this Constitution, or, (2) on the
  application of the legislatures of two thirds of
  the several states, shall call a convention for
  proposing amendments, which, in either case,
  shall be valid to all intents and purposes, as
  part of this Constitution, when (3) ratified by
  the legislatures of three fourths of the several
  states, or by (4) conventions in three fourths
  thereof

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The Amendment Process - Informal

• Judicial Interpretations Federal courts and/or
  the Supreme Court use of precedents and
  interpretation of law

Marbury v. Madison the role of the courts is to
interpret the Constitution and the law (judicial
review)
20
The Amendment Process - Informal

• Current political practice Constitution silent
  on political activities
• Examples
• political parties
• the Cabinet
• structure of
  government
• 
  elections/campaigns

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The Amendment Process - Informal

• The Elastic Clause
• Clause 18. The Congress shall have Power To make
  all Laws which shall be necessary and proper for
  carrying into Execution the foregoing Powers, and
  all other Powers vested by the Constitution in
  the Government of the United States, or in any
  Department or Officer thereof.
• Gives the government powers not specifically
  authorized in the Constitution, as long as not in
  violation of it

22
The Amendment Process - Informal

• Growing demands of the government
• Social welfare
• Homeland security
• Economic stability

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Increased Democratization

• Expanded participation political process
• 14th Amendment citizenship for ex-slaves
• 15th voting rights for black Americans
• 17th direct election of senators
• 19th voting rights for broads
• 24th elimination of the poll tax
• 26th voting age lowered to 18

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Increased Civil Rights and Liberties

• Expansion through formal and informal means
• 1st Amendment the four freedoms
• 2nd the right to bear arms
• 4th protections against unlawful search and
  seizure
• 5th protections against self-incrimination,
  double jeopardy
• 6th - right to jury trials, confrontation of
  witnesses

25
Increased Civil Rights and Liberties

• 7th trial by jury in civil cases
• 8th protections against cruel and unusual
  punishment
• 13th abolition of slavery involuntary
  servitude
• 14th due process of law for all citizens
• Informal
• The use of courts and judicial precedents
• i.e. Brown v. Topeka Board of Education
• Gideon v. Wainwright