The Constitution

1. The Constitution You think you know…

2. First a quick review.

3. The Origins of a New Nation Colonists came to the New World during the 1600s for a variety of reasons including to escape religious persecution, to find plentiful land, and to seek a new start in life. The colonists were allowed significant liberties in terms of self-government, religious practices, and economic organization.

4. Trade and Taxation The British followed a national policy of mercantilism. Mercantilism is an economic theory practice, commonly used in Europe from the 16th to the 18th century that promoted governmental regulation of a nation’s economy for the purpose of augmenting state power at the expense of rival national powers. The colonists were outraged. Violent protests began. The Sons of Liberty were organized by Samuel Adams and Patrick Henry to act out against the Crown.

5. First Steps Toward Independence Stamp Act Congress: Included nine of the thirteen colonies in New York, 1765; representatives drafted a document for the king detailing how their rights had been violated. Committees of Correspondence: Organizations set up in each of the colonies to provide information about the British and to help shape public opinion.

6. The First Continental Congress The Continental Congress met in Philadelphia in September and October 1774. They were not yet thinking of open rebellion. They called for colonial rights of petition and assembly, trial by peers, freedom from a standing army, and the selection of representative councils to levy taxes.

7. The Second Continental Congress King George refused the demands of the Continental Congress. Thus, the Second Continental Congress convened on May 10, 1775. Members were united in their hostility toward Britain. King George sent 20,000 more troops and the Revolutionary War had begun.

8. Declaration of Independence • Written by Thomas Jefferson • Inspired by John Locke • D of I opens with Jefferson invoking Locke philosophy… “Life, liberty, pursuit of happiness” • Jefferson continues by listing grievances against George III for violating inalienable rights • declares US independence

9. British Colonial Rule Unitary System – all power flows from one central government Powerful British Government Political Subunits (Colonies)

10. Articles of Confederation 1781 – 1789 – RIP Confederate System – power concentrated in political subunits (states) with a weak central government (typically unite for a common goal)

11. Constitution Federal System – powers are divided and/or shared between state and central governments (Current gov’t designed by framers) Central US government State governments

12. The Constitutional Convention • 1787 • Revising the A of C • Demographics of Delegates -55 delegates (none from RI) -33 Lawyers -half were college graduates -7 former governors -7 plantation owners -8 business leaders -age 26-81 (avg. age 42) -all male, all white

13. Key Challenges

14. A New Constitution is ApprovedSeptember 17, 1787 Ben Franklin’s Speech Ratification Process Delaware- December 7, 1787 Pennsylvania - December 12, 1787 New Jersey - December 18, 1787 Georgia - January 2, 1788 Connecticut - January 9, 1788 Massachusetts - February 6, 1788 Maryland - April 28, 1788 South Carolina - May 23, 1788 New Hampshire - June 21, 1788 Virginia - June 25, 1788 New York - July 26, 1788 North Carolina - November 21, 1789 Rhode Island - May 29, 1790 Debating Ratification: Federalists v. Antifederalists

15. Why were the Bill of rights not included in the constitution? • The Constitution included liberties before the addition of the Bill of Rights • Writ of habeas corpus may not be suspended • No bill of attainder or ex post facto law may be passed by Congress or states • Right of trial by jury guaranteed • No religious test for federal office • No law impairing contractual obligations • Most states already had their own bill of rights • Framers believed that they were creating a government with limited powers

16. Fed vs. Anti-Fed Ratification – formal approval Federalist – in favor of adoption of US Constitution creating a federal union and strong central government Anti-Federalist – opposed to ratification in 1787, opposed to strong central government

17. Federalist Papers Annoyingly hard to read Best political theory ever written in US Written by Alexander Hamilton, James Madison, and John Jay Publius Convince public for ratification

18. Federalist #10 Madison addresses biggest fear of gov’t Faction – a group in a legislature or political party acting together in pursuit of some special interest (think fraction – ½, 1/3, etc) Founding fathers were concerned that our government would be ripped apart Madison defends our national Constitution

19. Federalist #10 Separation of Powers check the growth of tyranny Each branch of government keeps the other two from gaining too much power A republic guards against irresponsible direct democracy or “common passions” Factions will always exist, but must be managed to not severe from the system.

20. Federalist #51 Defends the Constitution Explains why a strong gov’t is necessary “If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary.” Defends separation of powers between state and national gov’t

21. Anti-Fed Response Central gov’t would threaten liberty Aristocratic tyranny could happen Demanded a guarantee of individual rights and liberty States power was too limited

22. Bill of Rights 10 amendments to the Constitution guaranteed individual freedoms and rights limited power of national government, guaranteed rights to states Ratified in 1789, Bill of Rights added 1791

23. Framers soon realized that the Constitution would not be ratified by large states without a promise that a Bill of Rights would soon be added. After the ratification of all 13 states, Madison introduced a set of proposals for the Bill of Rights to Congress. Twelve were approved by the Congress and ten were ratified by the states. Regulation on the number of representatives No law varying the compensation of Senators and Representatives during a term The Bill of Rights went into effect in 1791. Originally these amendments did not limit state power over citizens, only federal power. A Need for a Bill of Rights

24. Constitution Overview • Article I- Legislative Branch • Article II- Executive Branch • Article III- Judicial Branch • Article IV- Full faith and credit, new states • Article V- Amendment process • Article VI-Supremacy clause, oath of office, no religious test • Article VII- Ratification process

25. Amending the Constitution Meant to be difficult Require action from national and state gov Amendment proposed by 2/3 vote in each house of Congress and ratified (accepted) in at least ¾ of state legislatures

27. Formal method of changing the Constitution

28. Informal Methods of Constitutional Change • Congressional Legislation • Presidential Actions • Custom and Usage • Judicial Review • Marbury v. Madison (1803)

29. Informal Methods of Amending the Constitution Judicial Interpretation: in Marbury v. Madison (1803) the Supreme Court declared that the federal courts had the power to nullify actions of the national government if found to be in conflict with the Constitution.

30. Madisonian Principles of Gov’t in the Constitution Popular Sovereignty – power to govern belongs to the people, gov’t based on the consent of governed Limited Government – gov’t is not all-powerful, and it does only what citizens allow Federalism – division of power between central government and individual states

31. Separation of Powers- political power is divided by three separate branches of government Checks and Balances- political power in the branches of government is restrained by other branches Federalism- government authority is divided between the federal and state governments Under these principles, government powers are divided into three broad categories: Enumerated powers Reserved powers Concurrent powers Madisonian Principles of Gov’t in the Constitution “The different governments will control each other, at the same time each will be controlled by itself.” James Madison

32. The Founders extended the limits on the power of the government by further dividing its powers. Separation of Powers Government Power Judicial Legislative Executive

33. The system of check and balances extends the restrictions established by the separation of powers. Checks and Balances Each branch of government has the built-in authority and responsibility to restrain the power of the other two branches. This system makes government less efficient, but also prevents tyranny by one branch. (p.46)

34. The Madisonian Model • The Constitution and the Electoral Process: The Original Plan (Figure 2.2)

35. The Madisonian Model

36. Basic Principles 36