The Constitution

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The Constitution

• All Constitutions are an attempt to balance
  liberty and freedoms on the one hand with
  authority and order on the other.

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I. Anatomy of a RevolutionFour Stages

• All revolutions go through 4 stages
• RadicalismAgitation for change
• ViolenceAgitation turns to force
• ConfusionDisorder and anarchy radicals in
  control
• CounterrevolutionOverthrow of the revolution to
  restore order
• Does this apply to our Revolution?
• The Constitution is a conservative reaction to a
  revolution

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II. The Articles of Confederation

• The first try at government after the Revolution,
  designed by the Continental Congress
• An agreement or loose confederation of states
• Weaknesses
• Formed a confederation (sovereign states)
• No power to tax
• No real president to direct the government
• No power to regulate interstate or foreign
  commerce
• Unanimous consent to amend
• 9/13 to pass a law
• One vote per state

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III. The Constitutional Convention of 1787

• Called by Congress to amend Articles
• Shays Rebellion
• Who are they?
• 55 delegates, about 30 participated
• Over half not yet 40
• 30 were university educated
• 8 signed the Decl. Of Independence
• Members
• George Washington
• James Madison
• Alexander Hamilton

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• Non-Members
• Sam AdamsIts a conspiracy to overthrow the
  principles of the Revolution
• Thomas PaineA professional revolutionary in
  France at the time being paid by the French
  government
• Patrick Henryrefused to go I smell a rat

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IV. The Plans

• Virginia Plan replace Articles with a true
  national government two-house legislature (one
  house popularly elected) executive chosen by
  national legislatures
• New Jersey Plan amend Articles one vote per
  state in both housesThis would benefit the
  states, esp the small ones, and weaken the
  national government
• Great (Connecticut) Compromise House based on
  population and popularly elected Senate with two
  members per state, chosen by state legislatures

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V. Selling the ConstitutionRatification

• Federalists and the Federalist Papers, argued in
  favor of ratification.
• Federalist No. 10Madison argued that the purpose
  of the Constitution was to break and control the
  violence of faction.
• Federalist No. 51Madison argued that separation
  of powers and checks and balances would control
  tyranny
• Opponents were called Antifederalists
• Lack of guarantee of individual liberties
• Bill of Rights

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VII. Six Principles of the Constitution

• Popular Sovereignty
• Government can govern only with the consent of
  the governed
• Sovereign people created the Constitution and the
  government

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• Limited Government
• Government may do only those things that the
  people have given it the power to do
• The government and its officers are always
  subject to the law

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• 3. Separation of Powers
• The Constitution distributes the power of the
  National Government among Congress, the
  President, and the courts
• This limits the powers of the government and
  prevents tyranny too much power in the hands of
  one person or a few people

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• 4. Checks and Balances
• Each branch of government was subject to a number
  of constitutional restraints by the other
  branches
• Usually the branches of government restrain
  themselves as they attempt to achieve their goal

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• 5. Judicial Review
• Judicial branch possesses the power to determine
  the constitutionality of an action of the
  government (Marbury v. Madison)
• Judiciary supports the constitutionality of
  government acts in more than 130 cases, courts
  have found congressional acts to be
  unconstitutional they have also voided thousands
  of acts of State and local governments

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• Federalism
• The division of political power among a central
  government and several regional govts
• Originated from American rebellion against the
  edicts of a distant central govt in England
• Federalism is a compromise between a strict
  central government and a loose confederation,
  such as that provided for in the Articles of
  Confederation

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Preamble

• Introduces the Constitution
• Establishes the authority (popular sovereignty)
• States the reason for the Constitution
• States the goals

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Article I Legislative Branch

• Section1
• Previews the Article
• Establishes the bi-cameral structure
• Section 2
• Establishes the HR
• Qualifications of representatives
• Sets terms presiding officers
• Lays out some duties

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• Section 3
• Establishes the Senate
• Qualifications of senators
• Sets terms presiding officers
• Lays out some duties
• Section 4
• Gives States right to determine how elections
  will be run
• Sets start date of beginning of session

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• Section 5
• General structural guidelines
• Gives each house authority over members
• Requires publication of proceedings
• Section 6
• Establishes compensation
• Sets restrictions

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• Section 7
• Sets rules for proposing passing laws
• Section 8
• Enumerated powers of Congress (what they can do)
• Last paragraph elastic clause (implied
  powers)
• Section 9
• Congressional prohibitions (what they cant do)
• Section 10
• Restricts the States

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Article II Executive Branch

• Section1
• Establishes election rules the EC
• Sets presidential qualifications
• Section 2
• Outlines duties
• Section 3
• Requires communication w/ Congress
• Section 4
• Impeachment

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Article III Judicial Branch

• Section1
• Establishes Supreme Court
• Lets Congress estab. lower courts
• Section 2
• Outlines duties
• Section 3
• Defines treason

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Article IV

• Section1
• Establishes Full Faith Credit between states
  for Acts, Records Judicial Proceedings
• Section 2
• Citizens of one state are granted the same
  privileges in all states
• Establishes extradition

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• Section 3
• Rules for statehood
• Protects State territory
• Section 4
• Protects a Republican form of govt in the states
• Sets rules for use of military

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Article 5 Amendment Process
Article 6 Assumption of Debts
Article 7 Ratification Process