United States Constitution (Ch. 2) I. Constitutional Government

1. United States Constitution (Ch. 2) I. Constitutional Government A. Constitutionalism – a government of laws, not people, where government power is limited and government officials are restrained in their exercise of power over individuals. Comes to American from __________________ (Bible/Reformation) and Contractarianism (secular Enlightenment). B. Constitutions – a legal document or contract outlining the structure, scope, and rules of government bodies. Typically, a constitution cannot be changed through normal legislative procedures. Purpose: deciding on how to decide.

2. II. Constitutional Tradition • Magna Carta, 1215 – Feudal Lords forced the King to sign this agreement limiting the power of the British government and monarchy. • Mayflower Compact, 1620 – Puritan immigrants to the New World signed this agreement establishing a “civil body politic” for life in the new Plymouth colony. • Colonial Charters, 1630 – 1732 – written agreements signed by the British King establishing governments and colony charters for the various colonies in North America.

3. Declaration of Independence, 1776 – Written by Thomas Jefferson, the Continental Colonies signed this document announced their intention to renounce all legal and territorial ties to England. • Articles of Confederation, 1781-1789 – This was the ______ legal document establishing the basis for American government (we might think of it as the first United States constitution). • Our Constitution, _______ – The American system of government still functions under this document, although it has been amended.

4. III. Problems with the Articles of Confederation (1781-1789) • Financial Difficulties – Congress had no power to tax the people directly. 90% of requested funds were never paid. • Commercial obstacles – states could and did tax the goods of other states as they were shipped through their territories. This led to too much interference by the individual states and much commercial confusion and even smuggling. • Currency problems – states ___________ their own money and circulated it. This lead to a great deal of monetary instability (inflation). • Civil disorder – the government was rather powerless to suppress radical or insurgent groups (Shay’s Rebellion in Massachusetts).

5. Founders-began meeting to discuss possible economic problems and then remedies to Articles. A. Who? • Well-educated (Ivy League and European), 50% college degrees (33 lawyers, 3 doctors • Well-experienced (Nearly all had served in high government offices before) • Cosmopolitan – looked beyond their individual states; had a continental perspective • Religious in the sense that they displayed all of the outward characteristics of a religiosity • 17 of _____ were slaveholders B. Congress called for this group to convene in order to draft revisions to the Articles; they came away with new Constitution.

6. V. Consensus in Philadelphia (What principles did they largely agree upon?) • Liberty and Property – They read Locke • Social Contract – government is necessary to protect natural rights. • Representative Government – Republicanism means government by representatives of the people (indirect democracy). *they wanted people to be directly involved in the selection of only House members. • Limited government – They wanted to limit the scope of governmental power by dividing it legally (constitutionally) and constraining it. • Nationalism – The founders of the constitution shared a belief in __________ in that they wanted a unified nation with the power to govern the people directly, not through state power.

7. VI. Conflict in Philadelphia A. Representation – How will the number of representatives in Congress be determined? 3 proposals 1. Virginia Plan (large state) –Two house legislature with the lower house (House of Rep) will be determined by a state’s population and the upper house will be elected by the lower house. 2. New Jersey plan (small state) – One house legislature, with equal state representation, regardless of population. 3. __________ Comprise – Two house legislature, with the House directly elected based on state population (each state would automatically receive one House representative) and the Senate selected by the state legislatures; two senators per state, regardless of population.

8. Slavery • Argued less about its existence and more about its impact on state representation • Large slave states wanted population (and therefore representation) to include the slave population. Small slave states wanted population to be based NOT on the slave population. • The Connecticut Plan included the “3/5’s compromise. It stated that three-fifths of the slave population of each state would count for total population (and representation). C. Voter Qualifications – The founders left these to the states. Every state basically allowed only land owning white males to vote.

9. VII. Resolving Economic Issues • Levying Taxes – Congress could forcefully collect its own taxes. Most of the taxes it did levy took the form of tariffs (taxes placed on imported goods). • Regulate commerce – “regulate commerce with foreign nations, and among the several states.” This helped to resolve the interstate commerce chaos surrounding the Articles. • Protecting money – the new national government controls the money supply (print and coin money). They hoped that this uniform monetary system would prevent inflation.

10. VIII. Protecting National Security • War and Military Forces – Congress was given power to “declare War” and to raise and support and regulate an army or navy. Congress was given power to prevent or put down insurrections. • Commander-in-Chief – The President is the commander-in-chief of the armed forces. He is authorized to carry out the war, while congress is authorized to declare it. • Foreign Affairs – States are prevented from entering or negotiating treaties, alliances or confederations with foreign governments. The President can make treaties, but not without the consent of the Senate.

11. IX. Structure of Government • National Supremacy – Supremacy Clause of Article VI – states that the Constitution is the supreme law of the land, taking priority over all other laws within the United States. • Federalism – power is divided (shared) between national and state governments. Each have independent legal authority and are sovereign (can not be dissolved by the other). • Republicanism – republican government means that powers are delegated to a small number of presumably gifted or qualified individuals.

12. Democracy? – While government rests upon the “consent of the governed,” decision making is to be done by the people’s representatives, not the people themselves. No referenda is ever provided or called for by the constitution X. Separation of Powers/Checks and Balances – Look in your book for checks/balances chart (Fig2.2) and study them. Madison wrote “ambition must be made to counteract ambition” Articles I, II, III (legislative, executive, and judicial) XI. Ratification – the act of state legislatures to approve or reject decisions made by other bodies. The new constitution was sent to each state government for ratification. The entire country engaged in a national debate over the new constitution and whether or not their individual state should adopt it. Two groups emerged:

13. A. The Federalists (supported ratification: John Adams, Hamilton). Wrote series of editorials in newspapers nationwide. Later collected into a book calledThe Federalist Papers B. The ___________________ (Jefferson pictured to the below and Patrick Henry) • Concerned about an “aristocratic tyranny” (Senate) • Concerned about the future of state sovereignty and independence • Concerned about the protection of unnamed individual rights. Summary: They basically were concerned that the people and the states would be trampled by the larger more powerful central government. C. Bill of Rights (compromise)

14. Although the Federalists insisted that Congress could not tread on powers not specifically granted it by the Constitution (enumeratedpowers), they eventually agreed to add 10 amendments, or formal changes, to the Constitution and sent those to the states for ratification (1791). XII. Constitutional Change A. Amendments are changes or additions to the Constitution. -There are two methods for proposing an amendment: 1. passage in the House and Senate with a two-thirds vote. 2. passage in a national convention called for by Congress in response to petitions by 2/3s of the state legislatures. -There are two methods of ratification: 1. vote in the legislatures of 3/4s of the states 2. vote in conventions called for that purpose in 3/4s of the states

16. B. Judicial Interpretations • When or if the judiciary changes the way it interprets the constitution can change the application and effect of its contents. C. Presidential and Congressional Action • When or if the president or congress changes the way they interpret their responsibilities under the constitution can change the application and effect of its contents. D. Custom and Practice • When or if the customs, culture, times, context, and so forth change, the application of the constitution may change as well.