The United States Constitution

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The United States Constitution

• Ruth Ediger
• ediger_at_spu.edu
• Seattle Pacific University
• December 5, 2007

www.southalabama.edu
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Overview

• The U.S. Constitution (morning session)
• Problems with the Articles of Confederation
• Constitutional Roots
• Formation of the US Constitution (or So How Do
  We Get This Thing Ratified?!?)
• The U.S. Constitution (afternoon session)
• Unique Features of the US Constitution
• The Seven Articles
• The Bill of Rights
• The rest of the Amendments

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rge_Betsy_Ross.png
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The United States Constitution
What do you know about the US Constitution?
What are you hoping I am going to cover regarding
the US Constitution?
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Reprise The Declaration

• Winning independence on the battlefield
• Securing independence through diplomacy
• Preserving independence through building a strong
  government

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Declaration of Independence July 4, 1776
Revolutionary War (1776-1782)
And they all lived happily ever after!
Articles of Confederation (ratified in 1781)
www.petalsandposies-balloons.co.uk/
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The Articles of Confederation(ratified in 1781)

• One legislative house where each state gets one
  vote
• Very limited powers
• No executive or judicial branch

www.glencoe.com/
It was clearly a reaction to the British system
and it was designed to preserve state sovereignty
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Problems with the Articles of Confederation1.
National government gets power from states
State Govts
State Govts
State Govts
Confederal System
National Govt.
State Govts
State Govts
Decentralized Power
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The British System that the Colonists were
reacting against
State Govts
Centralized Power
State Govts
National Govt
State Govts
Unitary System
State Govts
King George III
State Govts
State Govts
www.royal.gov.uk
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Problems with the Articles of Confederation2.
No power to tax or maintain armies
www.americanrevolution.com
www.glencoe.com/
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Problems with the Articles of Confederation 3.
No executive or national judiciary provided
www.humanlaw.ir
www.valpo.edu
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Problems with the Articles of Confederation
This government was too decentralized to ensure
either peace or prosperity.
4. Unicameral Congress with equal representation
5. Amendment only by unanimous state consent
Congress could ask for everything and states were
free to grant nothing.
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Shays Rebellion (1786, 1787)
Desperate to stop foreclosure on their lands,
farmers in western Massachusetts took up arms led
by a former Army captain named Daniel Shays. In
January, 1787 nearly 2,000 farmers stormed a
government arsenal.
www.constitutioncenter.org
www.us-coin-values-advisor.com

• Factions were spread all over the newly formed
  states .
• Britain and Spain harassed the borders.
• The powerful state legislatures seemed unwilling
  to impose order.
• And the weak Congress was unable to.

Unable to cope with foreign or domestic crises
this government was about to be very short lived.
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1787 Constitutional Convention
Convened by Congress for the sole and express
purpose of revising the Articles of Confederation
So what were they bringing to the table?
www.freewebs.com
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Roots of American Constitutionalism1. Classical
Tradition
Greek Democracy (Direct Democracy)
www.answers.com
Roman Republic (Indirect Democracy
praxeology.net
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Roots of American Constitutionalism2. British
Influence

• Magna Carta/King John (Lackland) (1215)
• The Civil War/Beheading of Charles I. (1648)
• The Glorious Revolution (1689)
• George I. of Hanover (1714)

www.philadelphia-reflections.com/blog/1024.htm
worldroots.com/gitte/royal/royal13f.htm
worldroots.com/brigitte/royal
concise.britannica.com/ebc
www.nmm.ac.uk/mag/pages
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Roots of American Constitutionalism3. Political
Theory of the Day
images.businessweek.com
http//upload.wikimedia.org/wikipedia/commons/f/fc
/Montesquieu_1.png
http//en.wikipedia.org/wiki/Jean-Jacques_Rousseau
Charles Baron De Montesquieu (1689-1755)
Thomas Hobbes (1588-1679) Leviathan
Jean-Jacques Rousseau (1712-1778)
John Locke (1632-1704) 2nd Treatise on Government
http//en.wikipedia.org/wiki/ImageJohnLocke.png
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Roots of American Constitutionalism4. History
and Formation of the Colonies

• Identity separate from England
• Great distance from England
• Separate government
• 1763 French and Indian War

www.britannica.com
www.sar.org/vassar/williamsburg.htm
people.hofstra.edu
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The United States Constitution

• Take a break

www.southalabama.edu
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Formation of the U.S. Constitution1787
Constitutional Convention
(So how do we get everyone to agree and get this
thing ratified?!?)
www.freewebs.com
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Formation of the U.S. Constitution1787
Constitutional Convention

• 74 delegates appointed
• 55 actually attend sessions
• Rhode Island is the only state that refuses to
  send delegates

Patrick Henry, declared that he "smelt a rat" and
did not attend.
www.jimwegryn.com/Names/PlaceNames.htm
www.americanrevolution.com
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Formation of the U.S. Constitution1787
Constitutional Convention
www.foundersofamerica.com
www.earlyamerica.com
James Madison (VA) The Father of the Constitution
www.earlyamerica.com/portraits/madison.html
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Formation of the U.S. ConstitutionThe Consensus
The Articles of Confederation were not working.
The federal government needed to be stronger
We need a strong republic!
hottimescoolplaces.com
The Articles of Confederation were drafted in the
Court House on Centre Square at York,
Pennsylvania.
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Formation of the U.S. ConstitutionThe Conflict
How shall the people be represented?
How should the government deal with trade and
taxation?
What do we do about slavery?
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Formation of the U.S. ConstitutionRepresentation

The Virginia Plan

• Strong central government
• National executive and judicial branches
• Stronger Legislative branch (than the A. of C.)
  with two houses and representation based on
  population

But this gave the 3 largest states (Penn, Vir,
Mass) a majority and control of the
legislature. NOT acceptable to the small states.
homepages.rootsweb.com
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Formation of the U.S. ConstitutionRepresentation

The New Jersey Plan

• Relatively strong central government (not as
  strong as under the VA plan)
• Legislature would be one house with
  representation by state where each state gets one
  vote.
• Identical to the legislature under the A. of C.
  and designed to keep the large states from
  controlling congress.

www.locallender.info
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Formation of the U.S. ConstitutionRepresentation

To complicate matters some states had western
land claims that could eventually make them very
large states indeed.
Just check out PA, VA, and MA now!
faculty.headroyce.org
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Formation of the U.S. ConstitutionRepresentation

The Connecticut Compromise

• Legislature would have two houses one house with
  representation by state, and one house where
  representation was by population
• This Great Compromise paved the way for other
  compromises

www.locallender.info
http//www.destination360.com/north-america/us/vir
ginia/colonial-williamsburg.php
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Formation of the U.S. ConstitutionThe 3/5ths
Compromise
Division between Northern and Southern states
over slavery
concise.britannica.com
Both agreed that Indians/Native Americans would
not count in the population but what about slaves?
Southern states wanted to count slaves in the
population.
Northern states wanted to count slaves as
property to be taxed.
Compromise three fifths of the slaves will count
when apportioning the seats of the House of
Representatives and the Electoral College.
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Formation of the U.S. ConstitutionTrade and
Taxation
Northern manufacturing states wanted a tax on
British imports.
Southern agricultural states wanted no taxes on
their products exported to Britain.
Compromise Congress can tax imports but not
exports
www.jimwegryn.com/Names/PlaceNames.htm
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Scene at the Signing of the Constitution of the
United States painted by Howard Chandler Christy
in 1940
www.cqpress.com
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The United States Constitution
What did you learn so far about the US
Constitution?
How might you present this to your students?
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The United States Constitution

• Take a break for lunch

www.southalabama.edu
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Scene at the Signing of the Constitution of the
United States painted by Howard Chandler Christy
in 1940
www.cqpress.com
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The Preamble
We the People of the United States, in Order to
form a more perfect Union, establish Justice,
insure domestic Tranquility, provide for the
common defence, 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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Unique Features of the U.S. Constitution1.
First written Constitution(Now its the oldest
written constitution)
How can you run a country without a king?!?
www.southalabama.edu
www.royal.gov.uk
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Unique Features of the U.S. Constitution2. Sets
up a Federal government
Federal System
State Govts
State Govts
State Govts
National Govt
State Govts
State Govts
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Why a Federal System?

• Federalism could accommodate the significant
  diversity of religion and customs.
• Experience under unitary and confederate systems
  proved unworkable
• Federalism retained the states
• Federalism left local government (cities and
  counties) in the hands of the states
• Federalism was a protection against tyranny

www.bourne.k12.ma.us
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Federalism
From the United States We to the United States
It
From the collective to the singular
www.emapstore.com/usa.html
Federal vs. States Rights
orchard.sbschools.net
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Unique Features of the U.S. Constitution3.
Separation of Powers
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Unique Features of the U.S. Constitution3.
Separation of Powers
www.answers.com/
www.belltown.org
www.foxnews.com
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Unique Features of the U.S. Constitution3.
Separation of Powers
Where does the US government get its power?
Where does the state of Washington (Hawaii,
Kentucky, Vermont, Nebraska, etc.) government
get its power?
From the People
Where does Kittitas County or the city of
Ellensburg get its power?
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Unique Features of the U.S. Constitution3.
Separation of Powers
www.mapsofworld.com
49 bicameral state legislatures and one
unicameral legislature
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Unique Features of the U.S. Constitution4.
Checks and Balances
regentsprep.org
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Unique Features of the U.S. Constitution5.
Amending process

• Amendments are PROPOSED
• By a 2/3rds vote of both houses of Congress or
• By a national convention called by Congress at
  the request of 2/3rds of state legislatures

• Amendments are RATIFIED
• By 3/4ths of the state legislatures or
• By ratifying conventions in 3/4ths of the states

Method used once (21st Amdmt)
The most common way the Constitution is amended.
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The U.S. Constitution
www.lawforwa.org
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Article 1 The Legislative Branch

• US Senate
• 6 year terms
• US citizen for 9 years
• Representation by state
• 100 Senators
• Have to be at least 30 years old to run
• Treaties are ratified here

• US House of Representatives
• 2 year terms
• US citizen for 7 years
• Representation by population
• 435 Representatives
• Every state gets at least one (CA 54)
• Have to be at least 25 years old to run
• Revenue bills start here

www.jandjindinapolislegislativeliaison.blogsp
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Article 2 The Executive Branch

• President of the US
• 4 year terms
• Natural born US citizen
• Chosen by the electoral college
• Have to be at least 35 years old to run

richmondthenandnow.com
The 1st President of these United States!
www.visitingdc.com
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Article 3 The Judicial Branch
The judicial Power of the United States shall be
vested in one supreme Court, and in such inferior
Courts as the Congress may from time to time
ordain and establish.
www.foxnews.com
But its Marbury vs. Madison (1803) that gave us
judicial review.
encarta.msn.com/media
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Article 4 Full Faith and Credit
www.metalsmiths.com
www.gothamgazette.com
Full Faith and Credit shall be given in each
State to the public Acts, Records, and judicial
Proceedings of every other State. The Citizens
of each State shall be entitled to all Privileges
and Immunities of Citizens in the several States.
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Article 5 Amending Process
The Congress, whenever two thirds of both Houses
shall deem it necessary, shall propose Amendments
to this Constitution, or, 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 ratified by the Legislatures
of three fourths of the several States, or by
Conventions in three fourths thereof, as the one
or the other Mode of Ratification may be proposed
by the Congress
Summary The document can be changed if necessary.
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Article 6 Supremacy of the Constitution
This Constitution, and the Laws of the United
States which shall be made in Pursuance thereof
and all Treaties made, or which shall be made,
under the Authority of the United States, shall
be the supreme Law of the Land
www.usconstitution.com
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Article 7 Provides for Ratification
GeorgiaWilliam FewAbr Baldwin New
HampshireJohn LangdonNicholas
Gilman MassachusettsNathaniel GorhamRufus
King ConnecticutWm. Saml. JohnsonRoger
Sherman New YorkAlexander Hamilton New
JerseyWil LivingstonDavid BrearleyWm.
PatersonJona Dayton PennsylvaniaB
FranklinThomas MifflinRobt. MorrisGeo.
ClymerThos. FitzSimonsJared IngersollJames
WilsonGouv Morris
G. WashingtonPresidt and deputy from
Virginia DelawareGeo ReadGunning Bedford
junJohn DickinsonRichard BassettJaco
Broom MarylandJames McHenryDan of St Thos.
JeniferDanl. Carroll VirginiaJohn BlairJames
Madison Jr. North CarolinaWm. BlountRichd.
Dobbs SpaightHu Williamson South CarolinaJ.
RutledgeCharles Cotesworth PinckneyCharles
PinckneyPierce Butler
The Ratification of the Conventions of nine
States, shall be sufficient for the Establishment
of this Constitution between the States so
ratifying the Same.
The Signers!
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The selling of the new Constitution to the
American public

• The Federalist Papers
• by James Madison, Alexander Hamilton, and John Jay

www.lexrex.com/.../federalistpapers.htm
Note Pay special attention to Federalist 51,
78, 10
www.earlyamerica.com
www.columbia.edu
www.constitution.org/cs_image.htm
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The U.S. Constitution Ratified in 1789
www.unalienable.com/colonrat.htm
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Hey! This thing doesnt have a declaration of
rights! What kind of document is this anyway?!?
George Mason, Virginia delegate to the
Constitutional Convention, had earlier written
the Virginia Declaration of Rights and become one
of the Constitutions most vocal opponents .
http//www.archives.gov/national-archives-experien
ce/charters/bill_of_rights.html
gazette.gmu.edu/articles/7555/
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But something was missing.
(1791)
Thats more like it!
www.codinghorror.com
gazette.gmu.edu/articles/7555/
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The United States Constitution

• Take a break

www.southalabama.edu
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The Bill of Rights 1st Amendment
Freedom of speech, religion, to assemble,
petition, and press
frecklescassie.wordpress.com/.../
Congress shall make no law respecting an
establishment of religion, or prohibiting the
free exercise thereof or abridging the freedom
of speech, or of the press or the right of the
people peaceably to assemble, and to petition the
Government for a redress of grievances.
www.chrispersons48.org/node/178
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The Bill of Rights 2nd Amendment
The right to bear arms
A well regulated Militia, being necessary to the
security of a free State, the right of the people
to keep and bear Arms, shall not be infringed.
Two bare arms
www.coyotescorner.com
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The Bill of Rights (1791)

• 3rd Amdmt no quartering of soldiers
• 4th Amdmt - searches and seizures
• 5th Amdmt - grand juries, self incrimination,
  double jeopardy, due process, eminent domain

thecriticalarizonan.wordpress.com/page/2/
www.historic-uk.com/HistoryUK/WrestPark/index.htm
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The Bill of Rights

• 6th Amdmt - criminal court procedures
• 7th Amdmt - trial by jury in common law cases
• 8th Amdmt - bail, no cruel and unusual punishment

www.insidesocal.com/bargain/cheap_eats
www.scienceguardian.com/blog/2007/07/
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The Bill of Rights
9th Amdmt - rights retained by the people
The enumeration in the Constitution, of certain
rights, shall not be construed to deny or
disparage others retained by the people.
www.emapstore.com/
10th Amdmt - powers reserved by the states
The powers not delegated to the United States by
the Constitution, nor prohibited by it to the
States, are reserved to the States respectively,
or to the people.
www.topia.net/peace.html
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Later Amendments

• 11th Amdmt citizen suits against states (1795)
• 12th Amdmt - election process of the President
  (1804)

www.worldatlas.com
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Post Civil War Amendments

• 13th Amdmt - Prohibition of slavery (1865)
• 14th Amdmt - Citizenship, due process, equal
  protection regardless of race (1868)
• 15th Amdmt - Right to vote for blacks (1870)

www.sonofthesouth.net
www.geocities.com
www.history.com
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Still Later Amendments

• 16th Amdmt - Income tax (1913)
• 17th Amdmt - Direct election of Senators (1913)
• 20th Amdmt - Lame duck, terms end in January
  (1933)

www.apfn.net/Doc-100_bankruptcy2.htm
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Still Later Amendments

• 18th Amdmt - Prohibition of alcohol (1919)
• 21st Amdmt - Repeal of prohibition (1933)

amhist.ist.unomaha.edu/module_files/
www.mdhs.org/Library/Z24Port1.html
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Still Later Amendments
19th Amdmt - Suffrage for women (1920)
www.woodrowwilson.org/materials/materials_sho...
asms.k12.ar.us/armem/wallace/index.htm
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And More Amendments
22nd Amdmt - Limits on Presidential terms of
office (1951)
libwww.cabrillo.edu
23rd Amdmt - Presidential electors for D.C. (1961)
www.adventureassoc.com
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And More Amendments

• 24th Amdmt - Anti-poll tax (1964)
• 25th Amdmt - Presidential disability and Vice
  Presidential vacancy (1967)

www.opd.iupui.edu
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The Most Recent Amendments

• 26th Amdmt - Suffrage for 18 year olds (1971)
• 27th Amdmt - Congressional salaries (1992)

news.bbc.co.uk
mavericknewsnetwork.typepad.com
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The United States Constitution

• The End?

www.southalabama.edu
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http//www.archives.gov/national-archives-experien
ce/
Charters of Freedom Declaration of
Independence US Constitution Bill of Rights
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The United States Constitution
What did you learn so far about the US
Constitution?
How might you present this to your students?