The United States Constitution

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The United States Constitution

• 1787

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• Their conservative revolution succeeded, now what?

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Some Quick Constitutional History

• What was the first American government?

The Articles of the Confederation
1 Central Government Congress Unicameral
Congress One member per state Appointed presiding
officer (acted as president)
13 Independent State Governments
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Some Quick Constitutional History

• So why did our first government fail?

The Articles of Confederation Fail

1. Congress could not collect taxes
2. Could not regulate interstate trade

1. Each state had only one vote in Congress
2. 2/3rd Majority need to pass laws (9 out of 13)
3. Amended only by absolute majority
4. No executive branch to enforce Congress laws
5. No national court system to settle legal disputes
   across state lines
6. No national unity

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Shays Rebellion
Some Quick Constitutional History

• The lynchpin!
• A Farmers Protest in Western Massachusetts
• Veterans often went without pay
• Land debt accumulated while fighting the war
• When they returned home they were hauled into
  court for home foreclosure.

• MA militia finally sent to quell uprising
• Congress feared rebellion would spread
• The central government (Congress) could not
  control uprisings within states.

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Three Major Debates at the Convention
Small States vs. Large States
Slavery
The Great Compromise
The 3/5ths Compromise
Strong Central Government vs. Strong State
Government
Federalism
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Some Quick Constitutional History

• Ratification hung in the balance!

• The Federalists
• James Madison, Alexander Hamilton, George
  Washington
• Large landowners wealthy merchants
  professionals
• Stressed the weaknesses of the Articles
• Promoted strong central government
• Argued that the difficulties facing the republic
  could be overcome by a new national government
  proposed by the Constitution.
• No Bill of Rights

• The Anti-Federalists
• Patrick Henry, Richard Henry Lee, John Hancock,
  Samuel Adams
• Small farmers merchants laborers
• Disagreed with ratification process
• Despised strong central government
• The absence of God in the document
• Criticized the denial of States producing
  currency
• Insisted on a Bill of Rights

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The Madisonian Model
Thwarting tyranny of the majority
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Constitution Ratified June 1788
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Think Pair Share

• What role did the framers foresee of the federal
  government?
• Does the Constitution favor a government with a
  broad scope, or is it neutral on this issue?
• Why did the functions of government increase, and
  why did they increase most at the national rather
  than the state level?
• Has bigger, more active government posed a threat
  to individual freedom, or does the increased
  scope of government serve to protect civil
  liberties and civil rights?

To the Constitution
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Big States vs. Little States
The Virginia Plan
The New Jersey Plan

• Bicameral Congress
• Representation by populations in both houses
• Strong central government
• One President
• Judicial Branch with several courts

• Unicameral Congress
• Equal Representation
• Weak central government
• Multiple Presidents
• Judicial Branch with one supreme court

• Three branches of government
• Congress retains all powers from Articles

Back
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About Slavery
A Great Three-Fifths Compromise
Northern perspective Southern perspective Result?
Back
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The Great Compromise

• Proposed by Roger Sherman
• One president
• One Supreme Court
• Bicameral Congress with

Upper House Senate Equal Representation
Lower House House of Representatives
Representation based on Population
Back
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Delegation of Power(Article I, Section 8, 9, 10
Amendment 10)

1. Exclusive Powers - Powers given to the national
   government.
2. Reserved Powers - Powers reserved to the state
   governments.
3. Concurrent Powers - Powers that both the national
   and state governments possess.

Concurrent Powers
Exclusive Powers
Reserved Powers

• Collect Taxes
• Borrow Money
• Establish Courts
• Define Crimes and set punishments
• Eminent Domain

• Coin Money
• Regulate Interstate and Foreign Trade
• Raise and maintain armed forces
• Declare War

• Regulate intrastate trade and business
• Establish public schools
• Establish local government

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Three Types of Exclusive Powers(Article I,
Section 8)Are you a strict or loose
constructivist?

• Enumerated Powers - These powers are specifically
  given to the national government. Article I,
  Section 8
• 2. Implied Powers Powers not expressly granted
  to the federal government but, exercised through
  a loose interpretation of the enumerated powers.
• Article I, Section 8, Clause 18 Congress given
  necessary and proper power. Also called the
  elastic clause.
• Enumerated or Expressed power of federal
  government Regulating interstate commerce.
• Implied power using the elastic clause
  Building of 42,000 miles of interstate highway
  system.
• 3. Inherent Powers Powers given to the federal
  government because it is a government of
  sovereign state within a world community - powers
  that national governments have historically
  possessed.
• Ex. The power to regulate immigration, to deport
  illegal aliens, to acquire territory, to grant
  diplomatic recognition to other states, and to
  protect the nation against rebellion.
• Only the federal government is qualified to
  exercised these powers.

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Two Cases Stretch of Federal Power

• McCulloch v. Maryland Implied Powers
• Maryland taxed the local branch of the BUS.
• Marshall declared tax unconstitutional.

• Gibbons v. Ogden Commerce Clause
• Congress controlled all interstate commerce.
• Today Radio, TV, airplanes, cellular
  communications, the Internet!!

• Others?
• Labor laws racial equality gay marriage rights.

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Think Pair Share
Dual or Cooperative Federalism Which form of
power sharing do you believe is most prevalent in
American government today?
Federal Grants
Fiscal Federalism Why is this considered both a
carrot and a stick for the States?
Back
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The Trouble with Federalism
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An International Comparison
Back

• Iraq and establishing a federal system in the
  Middle East
• Read, All Counterinsurgency is Local

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So, What is the function of government?

• The Preamble to the Constitution
• We the People
• In order to form a more perfect union better
  cooperation among the states
• Establish justice accountability and security
  from encroachment both foreign and domestic
• Insure domestic tranquility everyday peace
• Provide for the common defense against foreign
  enemies
• Promote the general welfare secure the general
  well-being of the people
• Secure the blessings of liberty to ourselves and
  our posterity secure liberty now and in the
  future
• do ordain and establish this Constitution for
  the United States of America.

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Structure of the Constitution
Introduction The Preamble Article I The
Legislative Branch Article II The Executive
Branch Article III Judicial Branch Article IV
Relations Among States Article V Amending the
Constitution Article VI National Debt Supremacy
of Federal Law Oaths of Office Article VII
Ratifying the Constitution 27 Amendments
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Article I Establishment of the Legislative Branch
Section 1 All legislative powers are granted
to the Congress of the United States Section 2
House of Representatives Section 3 The
Senate Section 4 Elections and Congressional
meetings Section 5 Rules and
Procedures Section 6 Congressional
compensation. Section 7 How a bill will
become a law (esp. tax bills). Section 8 Sets
forth all 27 expressed, or enumerated, powers of
Congress. Section 9 Places specific
limitations on Congress. Section 10 Places
specific limitations on the States.
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Article II Establishment of the Executive Branch
Section 1 All executive power will be vested in
a President Term of Office The Electoral
College Qualifications How the VP takes
over Compensation Section 2 Powers of the
President Section 3 State of the Union
Address Section 4 Impeachment
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Article III Establishment of the Judicial Branch
Section 1 Establishes the Supreme Court Section
2 Supreme Courts jurisdiction Section 3
Treason
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Article IV
Section 1 Relationships among the
States Section 2 Rights of citizens in every
state must be uniform Section 3 Admission of
new states Section 4 Guarantees each state a
Republican Form of Government and protection
against invasion and domestic violence.
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Article V The Amendment Process
Describe four possible ways to propose and ratify
amendments to Constitution.
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Article VI
Section 1 Honors debt accrued before the
ratification of the Constitution. Section 2 The
Supremacy Clause Section 3 All federal officers
must swear an oath to support the
Constitution. Also provided is that candidates
for any position shall not be subject to a
religious test.
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Article VII Ratification
The ratification of nine states legitimized the
Constitution.
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The Bill of Rights
The First Ten Amendments Added in 1791 ratified
by the first United States Congress
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The First Amendment

• Five Provisions
• Freedom of religion
• (Establishment Clause Free Exercise
  Clause)
• Freedom of speech
• Freedom of the press
• The right to peacefully assemble
• The right to petition the government for redress
  of grievances
• NPR Future of the First Amendment

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The Second Amendment
Protects the right to keep and bear arms on the
basis that a well-regulated militia is necessary
to the security of a free state.
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The Third Amendment
No soldier shall, in time of peace, be
quartered at any house without the owners
consent, nor in time of war except as prescribed
by law.
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The Fourth Amendment

• No unreasonable searches or seizures
• Warrants
• must have probable cause
• must be supported by oath or affirmation of a
  judge
• must describe the place to be searched and the
  persons or things to be seized.

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The Fifth Amendment

• No person may be charged with a capital crime
  unless indicted by a Grand Jury (except in time
  of war)
• Double Jeopardy Rule
• No person may be compelled to any criminal case
  to be a witness against him or herself (I plead
  the fifth)
• No person shall be deprived of life, liberty, or
  property without due process of law
• Private property may not be taken for public use
  without just compensation

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The Sixth Amendment

• Rights of the Accused
• The right to a speedy and public trial
• The right to a trial by jury
• Due Process of Law
• The right to call and confront witnesses
• The right to legal counsel (Miranda v. Arizona)

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The Seventh Amendment
Guarantees a jury trial in civil cases and
ensures that the facts decided by a jury may not
be re-examined by a federal court.
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The Eighth Amendment

• Declares
• No Excessive bail or fines shall be imposed
• Cruel and unusual punishment will not be
  inflicted

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The Ninth Amendment
Just because certain rights are specifically
set forth in the Constitution shall not deny or
disparage other rights retained by the people.
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The Tenth Amendment
Reserves to the states all powers not delegated
to the Congress by the Constitution.
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The Eleventh Amendment - 1798
Federal courts do not have jurisdiction over
suits brought against a state by the citizens of
another state or foreign country.
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The Twelfth Amendment - 1804
Provides that electors vote for president and
vice president in separate ballots. If no
candidate receives a majority of electoral votes
for president, the House of Representatives
(voting by state) selects the president and if no
candidate receives a majority of electoral votes
for vice president, the Senate selects the vice
president.
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The Thirteenth Amendment - 1865
Prohibits slavery or involuntary servitude.
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The Fourteenth Amendment - 1868
Guarantees due process and equal protection of
the laws to all persons. Also detailed the
definition of a U.S. citizen everyone born in
or made a naturalized citizen of the United
States.
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The Fifteenth Amendment - 1869
Guarantees that the right to vote shall not be
denied on account of race, color, or previous
condition of servitude.
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The Sixteenth Amendment - 1913
Provides congress the power to impose and
collect income taxes.
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The Seventeenth Amendment - 1913
Provides for direct election of United States
Senators (overturns Article I, Section 3, Clause
1)
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The Eighteenth Amendment - 1919
Provide peacetime constitutional basis for the
national prohibition of alcoholic beverages,
which began during World War I.
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The Nineteenth Amendment - 1920
Guarantees that the right to vote may not be
denied on the basis of gender.
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The Twentieth Amendment - 1933
The Lame Duck Amendment Provides that the
president, vice president, and members of
Congress begin their terms in the January
following their election. (Overturns Article I,
Section 4)
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The Twenty-First Amendment - 1933
Repealed the Eighteenth Amendment and rescinded
the constitutional prohibition on alcoholic
beverages, and the manufacturing therein, in
effect during the 13 years of the Prohibition Era.
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The Twenty-Second Amendment - 1951
Limits the president to two four-year terms or
ten years.
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The Twenty-Third Amendment - 1961
Provides that residents of the District of
Columbia must be included in the process of
electing the president and vice president by
allowing them to choose three members of the
Electoral College.
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The Twenty-Fourth Amendment - 1964
No Poll Taxes!
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The Twenty-Fifth Amendment - 1967
Presidential Succession
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The Twenty-Sixth Amendment - 1971
Sets minimum voting age at 18 years old for all
federal, state, and local elections. The
Constitution had allowed the states to make up
minimum age requirements as long as they were
uniform for all election.
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The Twenty-Seventh Amendment - 1992
Congressional pay raises will not take effect
until after the next congressional election.