After the Convention The Struggle for Ratification, Rights, and Unwritten Powers

1. After the Convention The Struggle for Ratification, Rights, and Unwritten Powers

2. Central Authority Liberty And Regional Power Revolution 2 3 Shays Colonies After 1750’s Articles of Confederation 4 1 Constitution Colonies prior before 1750’s

3. The ratification process 9 out of the 13 states had to approve for the Constitution to become the new plan of government. The Delegates first signed the Constitution and next took it to the current Congress. Next, the delegates with the endorsement of the Congress took it to their state legislatures. The Big Debate was between the Federalist and the Anti-Federalist. Many states took a long time to debate the Constitution and some refused to sign the Constitution without an amendment process or a Bill of Rights. Delaware was the first state to sign, followed by PA.

5. Federalist vs Anti-Federalist, the first political parties The Federalist Supported Ratifying the Constitution. Lead by Alexander Hamilton, John Jay, James Madison Wrote the Federalist papers, meant to inform public about the Constitution, now regarded as legal arguments by the founders. The Anti-Federalist Were against ratifying the Constitution, they felt it gave the states and people too little power. Lead by Samuel Adams and Patrick Henry They wrote the Anti-Federalist papers Their pressure lead to the creation of the Bill of Rights and the formal Amendment process. The Federalist and Anti-Federalist were the first examples of what political tradition?

6. Bill of Rights 1st 10 Amendments Ratified December 15th, 1791 Meant to protect the rights of the people and the states 1. Freedom Expression 6. Rights of the accused 2. Right bear arms 7. Right to a trial by jury 3. Quartering troops 8. No cruel and unusual punishment, or excessive bails 4. No unreasonable search and seizures 9. No denying of rights 5. Due process 10. Powers reserved How is life, liberty, and the pursuit of happiness reflected in the Bill of Rights? Can you name or describe any other famous amendments?

7. Amendment Process How does the Amendment process reflect the constitutional principle of Federalism? And a fear of a simple majority? States level National level Proposal Ratify 3 / 4 of state legislatures 2/3 vote from each house of Congress (26/27) (1/27) 3 / 4 of state conventions A National Convention called by 2/3 of State legislatures Even though there are only 27 formal changes and only 10 structural changes, how else has the Constitution been changed?

8. Central Authority Liberty And Regional Power Revolution 2 3 Shays Colonies After 1750’s Articles of Confederation 4 5 1 Constitution Bill of Rights Colonies prior before 1750’s How do informal changes move the Pendulum?

9. Informal Changes and increases in Power Increases in National Power!!!!

10. Judicial Review “The constitution, on this hypothesis, is a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they please.”  - Thomas Jefferson The idea that the Supreme Court can determine if the actions of the other two branches and the states are Constitutional. Established in 1803 with the case Marbury v. Madison Self given power of the Supreme Court In many cases this has lead to the practice of Judicial Activism or using the bench to legislate. Should there be a check on the decisions rendered by Supreme Court Justices? If not, why? Is yes, create a plan.

11. Unwritten Powers National Government VS State Government Power given= Article I section 9, power denied to national government Power given= expressed powers Article I section 8, #’s 1-18 What about unwritten powers? The National Government claims according to Article I section 8, #18 – “The Necessary and Proper clause” leads to implied power. Although the founding fathers didn’t specifically mention the powers in the Constitution it is implies The States claim that according to Amendment 10 all unwritten power is “Reserved” to the states and/or the people This a Loose interpretation This a Strict interpretation

12. Unwritten Powers National Government VS State Government In 1913 Congress passed the 17th Amendment. Senators were no longer elected by state legislatures but instead directly by the people. How does this tip the equilibrium away from the states? Prior to the 17th Amendment, if a Senator would have voted for legislation that would decrease state power he would be potentially risking his job. Now Senators can focus less on state power and more on vague ideas like the “general welfare.”

13. Unwritten Powers Article II. Section 1 “The Executive Power shall be vested in a President of the United States of America.” Executive orders He also has the power to create executive offices that adopt his power to create orders.

14. Unwritten Powers The Judicial Branch Originalism and Judicial Restraint Ideas come from Constitution Vs. Judicial Activism “A living document” Ideas come from past cases and current events

15. Central Authority Liberty And Regional Power Revolution 2 3 Shays Colonies After 1750’s Articles of Confederation 4 5 1 Constitution Bill of Rights Colonies prior before 1750’s How do informal changes move the Pendulum? Where do we go from here?

16. “A Republic if you can keep it”- Ben Franklin knowledge, information, and voting Elected Law makers to represent our views. We still have our natural rights regardless the vote. In order for a republic to survive people must be: Informed about Government and Issues, Know their Rights, and Vote “If a nation expects to be ignorant and free, it expects what never was and never will be.”- Thomas Jefferson The founding fathers created a system that protected against voter in difference. In the United States people generally favor one issue over others and often these people will donate money to that cause. It is these special interest groups that often provide money for political campaigns.

17. Constitution and Ratification are coordination solutions The Principles of the Constitution represent Nash Equilibriums Neither side benefits from breaking the equilibrium as long the other side sticks to their strategy. The are numerous focal points in the Constitution- In this case focal points are parts of the Constitution that have generated natural agreements or disagreements Majority rules or unanimous decisions- the more the rights of life/liberty/property are impact the closer to unanimous is necessary. Necessary and Proper clause and unwritten powers Judicial review Bill of rights Electoral college Unwritten powers

18. The Fed and Monetary Policy- a 4th branch? In 1913 – A new organization was created to aid on Economic matters. The Federal Reserve became our Central Banking system The Federal Reserve is independent from our government but it is extremely important in understand money and our economy This extremely important body was not created by our Constitution and no member on the board is elected by the people Later creation of Federal Reserve which is in charge of monetary policy. They determine to the supply of in circulation and they increase or decrease interests rates on federal loans. It also regulates banks, provides financial services, and stabilizes our banking system The Federal Reserve- NOT CREATED BY CONSTUTION CONVENTION!!! And we don’t vote on one member. Yet our lives and economy might be impacted more by the “Fed” then any other branch. What Delegate would love this?

19. The Federal Reserve- NOT CREATED BY CONSTUTION As stipulated by the Banking Act of 1935, the President appoints the seven members of the Board of Governors of the Federal Reserve System They must then be confirmed by the Senate and serve for 14 years. Once appointed, Governors may not be removed from office for their policy views. The chairman and vice-chairman are chosen by the President from among the sitting Governors for four-year terms; these appointments are also subject to Senate confirmation. In practice the chairman is often re-appointed, but cannot serve longer than one 14-year term as governor (or, if appointed to fill a position whose previous occupant had not served out their term, then 14 years plus the time remaining in the previous unexpired term). By law, the chairman reports twice a year to Congress on the Federal Reserve's monetary objectives. He or she also testifies before Congress on numerous other issues and meets periodically with the Secretary of the Treasury.

20. The Federal Reserve- NOT CREATED BY CONSTUTION Fed Chairman Federal Reserve Board (7 members) Federal open market committee (FOMC) 12 Regional Federal Banks Privately owned U.S. banks and advisory councils The FOMC is the committee responsible for setting monetary policy and consists of all seven members of the Board of Governors and the twelve regional bank presidents, though only five bank presidents vote at any given time. The Federal Reserve System has both private and public components, and was designed to serve the interests of both the general public and private bankers. The result is a structure that is considered unique among central banks. It is also unusual in that an entity outside of the central bank, namely the United States Department of the Treasury, creates the currency used

21. The Federal Reserve- NOT CREATED BY CONSTUTION According to the Board of Governors, the Federal Reserve is independent within government in that "its decisions do not have to be ratified by the President or anyone else in the executive or legislative branch of government." However, its authority is derived from the U.S. Congress and is subject to congressional oversight. Additionally, the members of the Board of Governors, including its chairman and vice-chairman, are chosen by the President and confirmed by Congress. The government also exercises some control over the Federal Reserve by appointing and setting the salaries of the system's highest-level employees. Thus the Federal Reserve has both private and public aspects. The U.S. Government receives all of the system's annual profits, after a statutory dividend of 6% on member banks' capital investment is paid, and an account surplus is maintained. In 2010, the Federal Reserve made a profit of $82 billion and transferred $79 billion to the U.S. Treasury.