The Constitution

1. The Constitution POLITICS AND COMPROMISES – AND DEMOCRACY? EUGENIA LANGAN (W/ THANKS TO TONY MILLER) MATER ACADEMY CHARTER HIGH SCHOOL HIALEAH GARDENS, FLORIDA

2. ESSENTIAL QUESTIONS: NARROW: WHAT COMPROMISES WERE NECESSARY TO MAKE THE CONSTITUTION AND GET IT RATIFIED, AND WHY? HOW DEMOCRATIC IS THE CONSTITUTION? BROAD: WHEN AND HOW DID A UNITED STATES IDENTITY EMERGE? WHAT WERE THE CAUSES OF THE CIVIL WAR?

3. RULES CLARIFICATION: • QUESTIONS IN CLASS – ONLY HIGHER-ORDER ON BLOOM’S TAXONOMY – NOT MERE FACTS YOU SHOULD KNOW FROM ASSIGNED READING • ANYONE WHO QUESTIONS MY TEACHING STRATEGIES WILL BE SENT TO DISCUSS IT WITH MR. NUŇEZ

4. BACKGROUND / REVIEW • STATE SOVEREIGNTY v. FEDERAL SOCIETY IS THE MOST DIVISIVE ISSUE FROM 1776 THROUGH THE CIVIL WAR • CONCERNS ABOUT STATES LOSING SOVEREIGNTY  MORE THAN ONE-YEAR DELAY BETWEEN DECLARATION OF INDEPENDENCE AND CONGRESSIONAL APPROVAL OF FIRST CONSTITUTION – ARTICLE OF CONFEDERATION • ALSO PART OF REASON FOR MORE THAN THREE-YEAR DELAY IN RATIFICATION OF ARTICLES

5. ARTICLES OF CONFEDERATION (1781 – 1789) • STATES RETAINED SOVEREIGNTY AND ALL GOVERNMENTAL POWERS EXCEPT WHAT THEY CEDED TO CONGRESS • THE ONLY THING THEY CEDED TO CONGRESS WAS FOREIGN AFFAIRS, WAR, DIPLOMACY, MAINTAINING THE ARMY, CREATING A NAVY • BUT CONGRESS HAD NO POWER TO TAX • ALSO NO POWER TO REGULATE COMMERCE • A SUPERMAJORITY OF 9 (69.2%) STATES WAS NEEDED TO APPROVE CONGRESS DOING ANYTHING

6. ALMOST TOOTHLESS FEDERAL GOVERNMENT (WHICH CONSISTED ONLY OF CONGRESS) • NOT TOTALLY INEFFECTIVE – PASSED LAND ORDINANCE OF 1785 AND NORTHWEST ORDINANCE OF 1787 • BUT WEAKNESS OF FEDERAL GOVERNMENT  MANY PROBLEMS – EXAMPLES: • CONGRESS COULD NOT PAY REVOLUTIONARY WAR DEBT • CONGRESS COULD NOT PAY ARMY  REBELLIONS IN ARMY, NEWBURGH CONSPIRACY (1783) AND LATER, SHAY’S REBELLION

7. CONGRESS COULD NOT AFFORD TO ESTABLISH A NAVY  • COULD NOT PROTECT MERCHANT FLEET  AMONG OTHER THINGS, PAYING “TRIBUTE” TO BARBARY PIRATES FOR RIGHT TO TRADE IN MEDITERRANEAN (TRIBUTE ≈ 20%OF ANNUAL FEDERAL $$ BY 1800) 18TH C. MAP SHOWING “BARBARY COAST” OF N. AFRICA “PIRATES” FROM OTTOMAN N. AFRICA DEMANDED $$ FOR RIGHT TO SAIL IN MEDITERRANEAN SEE THE “TREATY OF PEACE AND FRIENDSHIP” IN THE PRIMARY SOURCE SUPP. I GAVE YOU

8. WITHOUT A NAVY, U.S. COULD DO NOTHING WHEN SPAIN CLOSED MISSISSIPPI RIVER TO U.S. SHIPPING) ONLY WAY FARMERS IN NORTHWEST TERRITORY COULD GET THEIR GRAIN TO SEA WAS DOWN THE OHIO R. TO MISSISSIPPI R. TO NEW ORLEANS THERE WAS CONSIDERABLE “SELF HELP” BY FARMERS IN WESTERN TERRITORIES (NOT UNTIL PINCKNEY’S TREATY OF 1795, WHEN SPAIN WAS ON THE ROPES FROM NAPOLEONIC WARS, DID U.S. REGAIN RIGHT OF DEPOSIT AT NEW ORLEANS)

9. “BALKANIZATION” (AHISTORICAL TERM BUT APT: THE SOVEREIGN STATES WERE DOING THINGS LIKE: • IMPOSING TARIFFS ON GOODS FROM OTHER STATES - EXAMPLE, N.Y. TARIFFS ON CABBAGES FROM N.J. AND FIREWOOD FROM CONN. • ISSUING PAPER CURRENCY (DEFLATED OR WORTHLESS, LIKE CONTINENTALS DURING REVOLUTION) •  ECONOMY A MESS!

10. ESTIMATED MARKET VALUE OF U.S EXPORTS TO GREAT BRITAIN/ POPULATION EXPORTS Population Year (in thousands) (in thousands) 1770 $3,248 2,148 1771 5,978 2,211 1772 5,078 2,275 1773 4,960 2,335 1774 4,842 2,400 1775 6,555 2,463 1784 4,429 3,236 1785 4,901 3,351 1786 4,134 3,461 1787 4,488 3,576 1788 4,901 3,688 1789 4,901 3,808 1790 4,905 3,929 1791 4,724 4,056 1792 4,311 4,194 SHOWS DECLINING PER CAPITA INCOME, GROSS DOMESTIC PRODUCT (GDP)

12. DESPITE THESE PROBLEMS, CONCERNS ABOUT STATES LOSING SOVEREIGNTY MADE IT DIFFICULT TO FORM CONSENSUS TO AMEND ARTICLES • EXAMPLE: ANAPOLIS CONVENTION (SEPTEMBER 1776). VIRGINIA ISSUED INVITATION TO STATES TO SEND DELEGATES TO AMEND ARTICLES TO GIVE CONGRESS POWER TO REGULATE INTERSTATE AND FOREIGN COMMERCE -- ONLY 5 STATES CAME • THEY CALLED FOR PHILADELPHIA CONVENTION -- BUT RESULT WOULD HAVE BEEN THE SAME, BUT THEN . . . MARYLAND CAPITOL, ANNAPOLIS (1772) – SITE OF THE ANNAPOLIS CONVENTION

13. Shays’ Rebellion, 1786-1787 ARMED REBELLION BY > 1,000 MASS. FARMERS OVER TAXES AND RESULTING FORE- CLOSURES. MOST WERE REV. WAR VETS – UNPAID MAIN BATTLES JAN. – FEB. ‘87

14. THE CONSTITUTIONAL CONVENTION , PHILADELPHIA, INDEPENDENCE HALL, MAY – SEPTEMBER 1787 • ALL STATES EXCEPT RHODE ISLAND SENT DELEGATES • DELEGATES ONLY AUTHORIZED TO AMEND ARTICLES OF CONFEDERATION • DEMOCRACY? • NO PUBLIC JOURNAL WAS KEPT (BUT JAMES MADISON TOOK MINUTES) • ARMED GUARD POST POSTED AT DOOR

15. Independence Hall/ constitutional convention

16. JAMES MADISON (“LITTLE JEMMY”)(1651 – 1836) “THE FATHER OF THE CONSTITUTION “ -- ITS MAIN AUTHOR

17. ALEXANDER HAMILTON AND JOHN ADAMS ALSO WORKED ON LANGUAGE OF CONSTITUTION

18. FEDERALISTS (NOT TO BE CONFUSED WITH LATER FEDERALIST PARTY) AND ANTI-FEDERALISTS (NOT TO BE CONFUSED WITH LATER DEMOCRATIC-REPUBLICAN PARTY): • FEDERALISTS = MEN WHO SUPPORTED THE CONSTITUTION = AT LEAST SOME STRENGTHENING OF FEDERAL GOVERNMENT • EXAMPLE: THOMAS JEFFERSON (NOT AT CONSTITUTIONAL CONVENTION – IN PARIS) WAS A FEDERALIST AT THE TIME BECAUSE HE SUPPORTED CONSTITUTION – LATER HE FOUNDED DEM-REP. PARTY

19. THE MAIN ISSUES: • SOVEREIGNTY – FEDERALISM - CONSTITUTION DID NOT RESOLVE THIS • APPORTIONMENT -- # OF REPRESENTATIVES IN CONGRESS: “BIG” (SOUTHERN PLANTATION) STATES v. “SMALL” STATES (OTHERS) • HOW MUCH DEMOCRACY? • SLAVERY • THE THREE PLANS PROPOSED AT CONSTITUTIONAL CONVENTION DIFFERED ON MOST OF THESE ISSUES

20. THE VIRGINIA PLAN (“BIG STATES”) INTRODUCED MAY 29, 1787 BY EDMUND RANDOLPH • BICAMERAL LEGISLATURE – LOWER • HOUSE ELECTED, UPPER ELECTED BY • LOWER HOUSE • APPORTIONMENT: IN BOTH HOUSES, REPRESENTATION BASED ON EITHER # FREE WHITE CITIZENS, OR AMOUNT OF TAXES PAID BY STATE • “NATIONAL EXECUTIVE” – NOT INDEPENDENT. ELECTED BY LOWER HOUSE, TERM LIMITS. WITH NATIONAL JUDICIARY COULD VETO LAWS.

21. THE NEW JERSEY (“SMALL STATE”) PLAN, INTRODUCED BY WILLIAM PATERSON JUNE 15, 1787. • NO CHANGE IN CONGRESS/ • APPORTIONMENT: UNICAMERAL, ALL • STATES HAVE SAME # REPRESENTATIVES • TAXES APPORTIONED ON BASIS OF • # OF FREE WHITE PERSONS & • INDENTURED SERVANTS + 3/5 • OF “OTHER PERSONS” – BUT NOT INDIANS • EXECUTIVE COMMITTEE – NOT INDEPENDENT, ELECTED BY CONGRESS, TERM LIMITS

22. THE HAMILTON (“BRITISH”) PLAN, PROPOSED JUNE 18, 1787 • BICAMERAL LEGISLATURE W/ ASSEMBLY AND SENATE. • ASSEMBLY POPULARLY ELECTED, SENATE ELECTED BY “ELECTORS” WITHIN DISTRICTS • EXECUTIVE – “GOVERNOR” – ELECTED BY SAME ELECTORS AS SENATE – LIFE TERM

23. THE COMPROMISES

24. “THE GREAT COMPROMISE” AKA “THE CONNECTICUT COMPROMISE – PROPOSED BY ROGER SHERMAN OF CONNECTICUT • BICAMERAL LEGISLATURE – HOUSE AND • SENATE. (VA., HAMILTON) . • APPORTIONMENT: REPRESENTATION IN • HOUSE BASED ON POPULATION (BUT SEE 3/5 COMPROMISE); EACH STATE HAS TWO SENATORS • DEMOCRACY: HOUSE ELECTED, SENATE APPOINTED BY STATE LEGISLATURE. • HOUSE MEMBERS 2=YEAR TERMS, SENATORS STAGGERED 6-YEAR TERMS (NO MORE THAN 1/3 CAN BE BOOTED OUT OF OFFICE IN ANY ELECTION) • ALL IN ARTICLE I

25. PRESIDENT HAS 4-YEAR TERMS (VA., N.J.) BUT INDEPENDENT – ELECTED BY ELECTORAL COLLEGE (HAMILTON) – ARTICLE II • JUDICIAL BRANCH ALSO INDEPENDENT – APPOINTED BY PRESIDENT, CONFIRMED BY SENATE (UNELECTED OFFICERS!), LIFE TERMS (“GOOD BEHAVIOUR”) – ARTICLE III • THE THREE-FIFTHS COMPROMISE – APPORTIONMENT OF REPRESENTATION AND TAXES – “POPULATION” = FREE WHITE PERSONS + INDENTURED SERVANTS + 3/5 OF “OTHER PERSONS” BUT NOT INDIANS (NJ) – ARTICLE I

26. “COMMERCE COMPROMISE” (ART. I § 8 ¶ 1) CONGRESS CAN TAX IMPORTS, BUT NOT EXPORTS • NOTE GENERAL TAX POWER IS LIMITED BY “ALL TAXES MUST BE UNIFORM THROUGHOUT THE UNITED STATES”  NO INCOME TAX • SLAVERY: • 3/5 COMPROMISE, SUPRA • B. CONGRESS COULD NOT BAN SLAVE TRADE UNTIL 1808 (BUT COULD IMPOSE $10 TAX PER IMPORTED SLAVE (ART I § 9). • C. FUGITIVE SLAVE CLAUSE (ART. IV § 2 ¶ 3)

27. Powers Granted to Congress (ART I § 8) • Enumerated Powers: • tax • regulate interstate and foreign commerce • 16 more, INCLUDING DECLARING WAR, COINING $, NATURALIZATION + • ¶ 18 “Necessary and Proper” CLAUSE AKA “Elastic” Clause

28. SOVEREIGNTY – FEDERALISM: • THE SUPREMACY CLAUSE (ART. VI ¶ 2): “THIS CONSTITUTION, AND THE LAWS OF THE UNITED STATES MADE IN PURSUANCE THEREOF . . . SHALL BE THE SUPREME LAW OF THE LAND.” • DIDN’T RESOLVE SOVEREIGNTY ISSUE BECAUSE IT DEPENDS ON WHAT POWERS FEDERAL GOVERNMENT HAS (ESP. CONGRESS) AND THAT DEPENDS ON WHETHER THE POWERS ARE CONSTRUED STRICTLY OR LIBERALLY

29. STRICT VERSUS LIBERAL CONSTRUCTION STRICT: INTERPRETS ENUMERATED POWERS AND NECESSARY AND PROPER CLAUSE NARROWLY, LITERALLY LIBERAL: BROAD INTERPRETATION OF ENUMERATED POWERS AND NECESSARY AND PROPER CLAUSE – BEYOND SPECIFIC WORDING

30. SIGNING THE CONSTITUTION – IN FACT, ONLY 39 OF THE 55 DELEGATES SIGNED IT

31. Ratification (1787 – 88) • 2/3’s of States REQUIRED • Special Elections for Delegates to State Conventions • “Federalists” versus “Anti-Federalists” • The Federalist

33. The Federalist • 85 essays IN NY PAPERS ARGUING FOR RATIFICATION ohn Jay • SIGNED “PUBLIUS,” WRITTEN BY HAMILTON, MADISON AND JOHN JAY • THEY ARE THE MOST IMPORTANT AUTHORITY ON THE MEANING OF THE CONSTITUTION

34. BILL OF RIGHTS: NONE WAS INCLUDED AT CONVENTION • THE FEDERALIST ARGUED NONE WAS NECESSARY (HAMILTON SAID FEDERAL GOVERNMENT HAD NO POWER TO DEPRIVE CITIZENS OF THEIR NATURAL RIGHTS • (NOT WHAT HE REALLY THOUGHT!) • BUT MOST STATES WOULD NOT RATIFY CONSTITUTION WITHOUT A BILL OF RIGHTS, SO MADISON WROTE ONE (AMENDMENTS 1 -10)

35. Bill of Rights

36. Amendment I 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. Amendment II 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. Amendment III No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Amendment V No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

37. Amendment VI • In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. • Amendment VII • In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law. • Amendment VIII • Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. • Amendment IX • The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. • Amendment X • 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.

38. note the 10th amendment preserves some state sovereignty: • “ 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” • but how much state sovereignty depends on strict construction v. liberal construction of powers of federal government!

40. April 30, 1789 – georgewashington takes the oath as first president of the united states

41. “His Excellency” • President for Life? • 4 Year Term but No Limit on Number of terms!

42. POLITICAL CARTOON, 1789: “LAUNCHING THE SHIP OF STATE”

43. Charles A. Beard

44. WHAT DOES HOWARD ZINN SAY ABOUT BEARD’S THESIS?

45. ALEXANDER HAMILTON, FIRST SECRETARY OF TREASURY “FOUNDING WIZARD”

46. Legacy? • "There is an elegant memorial in Washington to Jefferson, but none to Hamilton.  However, if you seek Hamilton's monument, look around.  You are living in it.  We honor Jefferson, but live in Hamilton's country, a mighty industrial nation with a strong central government.“ George Will, 1992

47. SOME MONUMENTS TO HAMILTON: THE U.S. TREASURY – AND A STATUE OF HIM THERE