First State Constitutions

First State Constitutions • Even before the Declaration of Independence, the Second Continental Congress urged States to replace their colonial charters with new constitutions • Each set up a legislature to create laws – most were bicameral (two houses) • Each had a Governor, elected by the people or by the legislature, to carry out the laws • Each had a system of judges and courts to decide what laws meant and how to apply them • Most had a bill of rights to guarantee freedoms

The Articles of Confederation • The first constitution for the country • It was necessary to run the war for their independence • Created a firm league of friendship – states came together for common defense, security of their liberties and mutual and general welfare • It was ratified by all 13 states by 1781

The Articles of Confederation • Congress was unicameral – delegates were chosen yearly by their state • Each state received one vote. There was no executive or judicial branches • The Congress had power over the Army and authority to deal with foreign governments, but its central powers were quite limited. • It had no power to enforce laws and did not have the power to tax as a result of the colonists troubles with Great Britain

The Articles of Confederation • The Confederation Congress did accomplish two major pieces of legislation • Ordinance of 1785 – created a system for surveying and selling the western lands. It arranged the land into townships six miles square – 36 sections of one square mile – still used today • Northwest Ordinance – laid the basis for the organization of new territorial governments and set a precedent for the admitting of new states to the union

The Articles of Confederation • Weaknesses: • Did not have the power to tax • Did not have the power to regulate trade between the states • Could not force states to obey their laws • Needed 9 of 13 votes to approve anything • No national court system • No Executive Branch to enforce the laws • Could only be changed with the approval of all thirteen states – it was never amended

The Articles of Confederation • Problems under the Articles: • States and the national government were heavily in debt from the war • States fought with each other – made their own treaties with other nations and organized their own military forces • States taxed each others goods and printed their own $ • Economic chaos spread throughout the colonies • Shay’s Rebellion – Massachusetts farmers started a violent revolt to protest taxes

The Constitutional Convention • May 25, 1787 – Philadelphia Pennsylvania • 12/13 states sent delegates-Rhode Island • 74 total delegates chosen – only 55 went • Jefferson called them “an assembly of demi-gods” • Average age was 42 years – all white men • George Washington was chosen president of the convention • Agreed to work in secrecy – each State got one vote – simple majority needed

The Constitutional Convention • James Madison kept careful notes so history has a record of what went on – he is known as the “Father of the Constitution” for his contributions • On May 30 they agreed that revising the Articles would not work so they resolved to write a new plan for the national government

The Virginia Plan • Three branches – legislative, executive, judicial • A bicameral legislature with representation based on the state’s population or how much $ it gave to the federal government • H of R to be popularly elected by the state • Senate to be picked by the state legislature • Executive and Judicial branches picked by Congress • Designed by James Madison

James Madison • 36 years old at the time of the convention • Crafted the Virginia Plan • Helped write the Bill of Rights – which he originally opposed • Jefferson’s Secretary of State • Elected President in 1808

The New Jersey Plan • Unicameral legislature with each state having one vote • Gave Congress the power to tax and regulate trade between the states • Executive branch would have more than one person, but be chosen by Congress • The debate centered on the issue of how states would be represented • Presented by William Patterson

The Great Compromise • After six weeks of discussion a committee headed by Roger Sherman of Connecticut proposed a compromise plan • Congress would be bicameral • The upper house (Senate) would be smaller, consisting of two members from each state • The lower house (the House of Representatives) would be larger and its membership would be based on population • This satisfied the small states and allowed them to support the new plan

The Three-Fifths Compromise • With representation based on population, the question of how to count the 550,000 slaves became a problem • Southern states wanted the slaves counted as population so they would get more members of the House of Representatives – northern states opposed this • It was decided that slaves counted as 3/5 of a person for population, but they also counted for tax purposes

The Commerce and Slave Trade Compromise • Southerners feared Congress would tax exports (mainly tobacco) to raise $, and that Congress might outlaw the slave trade • The compromise guaranteed that, while Congress could regulate trade between the states and with other countries, exports could not be taxed and that Congress could do nothing with the slave trade for at least 20 years

Electing the President • Some delegates believed Congress should elect the President, while others believed the people should. • Their compromise on the issue created the electoral college • A group of people would be named by each state legislature to select the president and vice-president. • Today the system is still used, but the voters of the states choose the electors

The Constitution • On September 17, 39 delegates signed the finished document – three did not sign • Ben Franklin stated: “I agree with this Constitution to all its faults, if they are such, because I think a general government necessary for us…I doubt…whether any other Convention we can obtain, may be able to make a better Constitution.” • 9/13 states were needed for it to be ratified

Federalists • Favored ratifying the Constitution • Chose their name to emphasize that the Constitution would create a system of federalism – a form of government in which power is divided between the national government and the states • Believed a strong central government was needed to correct the problems of the Articles of Confederation • Led by James Madison and Alexander Hamilton and John Jay. Supported by large landowners

Anti-Federalists • Opposed ratification • Led by Patrick Henry, Richard Henry Lee, John Hancock, and Sam Adams • Opposed the increased powers of the central gov’t • Felt the new government would favor the wealthy over the common citizens • Wanted a Bill of Rights to guarantee basic rights. When the Federalists agreed to this demand, public opinion shifted in favor of ratification

Ratification • Delaware was the 1st state – Dec 7, 1787 • New Hampshire the 9th – June 21, 1788 • Still, New York and Virginia had not ratified, Virginia June 25 (89-79) New York July 26 (30-27) Rhode Island did not ratify until 1790 • George Washington supported it and convinced Thomas Jefferson as well • Hamilton, Madison, and John Jay wrote a series of letters (The Federalist) that proved influential in New York

The Constitution • Our plan of government • The supreme law of the land • Took effect in 1789 • It is a fairly brief (7,000 word) document that lays out our basic framework and procedures of our government, and sets out the limits within which that government must conduct itself

Articles of the Constitution Section • Preamble • Article I • Article II • Article III • Article IV • Article V • Article VI • Article VII Amendments Subject States the purpose of the Constitution Legislative Branch Executive Branch Judicial Branch Relations among the States Amending the Constitution National debts, supremacy of national law, and oaths of office Ratifying the Constitution 27 changes to the Constitution

Formal Amendment Process • Article V sets out two methods for the proposal and two methods for the ratification of constitutional amendments • This makes four possible methods of formal amendment –changes or additions that become part of the written language of the Constitution

Formal Amendment Process • Proposed by Congress by a 2/3 vote in both houses, then ratified by State legislatures of ¾ of the States – 26 of the 27 amendments were done this way • Proposed by Congress by a 2/3 vote in both houses, then ratified by conventions held in ¾ of the States – 21st amendment adopted this way

Formal Amendment Process • Proposed at a national convention called by Congress when requested by 2/3 of State legislatures, then ratified by ¾ of State legislatures – no amendment has been proposed this way • Proposed at a national convention called by Congress when requested by 2/3 of State legislatures, then ratified by conventions held in ¾ of the States

Formal Amendment Process • The Constitution places only one restriction on the subjects amendments may deal with “no State shall be deprived of its equal suffrage in the Senate” • More than 10,000 joint resolutions calling for amendments have been proposed by Congress – only 33 of those have been sent to the States – 27 have become amendments

Formal Amendment Process • 1789 – dealt with distribution of seats in H/R • 1810 – voided citizenship for those accepting a foreign title or other honor • 1861 – would have prohibited any amendment dealing with slavery • 1924 – gave Congress power to regulate child labor • 1972 – equal rights for women • 1978 – give D.C. seats in Congress • Congress gives amendments 7 years to pass

Interpreting the Constitution • Because they knew the document would have to adapt to changing times, the framers kept the document as general as possible • The “necessary and proper” clause in Article I/Section 8 • This clause is often referred to as the “Elastic Clause” because over time it has been stretched to cover so many situations • It basically says Congress can make any law that is “necessary and proper” to carry out its expressed powers

Interpreting the Constitution • The final authority for interpreting the Constitution rests with the Supreme Court. Over the years, the court has interpreted the Constitution in different ways. • The actions of Congress and the executive branch have also caused new interpretations of the Constitution • Some customs have developed, such as political parties and their roles, that are not mentioned in the Constitution

Major Principles of Government • Popular Sovereignty - “We the people…” • Rule of Law– The gov’t must obey the law – certain rights are guaranteed • Separation of Powers – The 3 branches are independent and coequal • Checks and Balances – each branch has certain powers with which it can check the other two

Major Principles of Government • Federalism - A system of government in which a written constitution divides the powers of government on a territorial basis between a central, or national government, and several regional governments, usually called states • Each level has its own substantial set of powers • Neither level, acting alone can change the basic division of powers the constitution has created

Three Types of Powers • Expressed Powers – Powers specifically granted to the national government • Reserved Powers – powers that the Constitution does not give to the national government, but are reserved specifically for the states • Concurrent Powers – powers that both levels of government can exercise – ex. Power to collect taxes

The Supremacy Clause • It says, “This Constitution, and the Laws of the U.S. which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the U.S. shall be the supreme Law of the Land” Article VI/Section 2 • It was affirmed by the Supreme Court in McCulloch v. Maryland

First State Constitutions