Constitutional Foundations

1. Constitutional Foundations

2. Major Topics • From Colonies to Independence • The Critical Period (1781 – 1789) • The U.S. Constitution • Basic Principles of American Government

3. Basic Questions • What were the basic ideas of the Declaration of Independence? • How did the Constitution create a stronger central government without threatening individual liberties? • How does our federal system of government work? • How are individual rights protected by the Constitution and the Bill of Rights?

4. Declaration of Independence(1776) • Author: Thomas Jefferson • Influenced by: John Locke • Supported by: Thomas Paine’s Common Sense

5. Declaration of Independence • Democratic Theory • All men are created equal • Government by the consent of the governed • Inalienable rights to life, liberty,…happiness • Right to revolt against a government that does not protect the people’s rights

6. Declaration of Independence • Grievances against Great Britain • To show that the Americans had been mistreated by the British • Taxation without representation • Quartering troops in the colonists’ homes • Interfering with trade • Interfering with trial by jury • Interfering with colonial self-government

7. Importance of the Declaration of Independence • Announced independence of the U.S. • Inspired others (French Revolution, post-WWII) • Goal for other reform movements (equality)

8. Articles of Confederation(1781 – 1789) • Strong state governments, weak national

9. Accomplishments Land Ordinance – 1785- grid pattern for orderly settlement Northwest Ordinance – 1787- expand democracy into territories, process to become a state Kept 13 states together Weaknesses States dominate/No national interest Lacked basic powers No executive or judicial No control of trade No uniform currency No power to tax or raise army Articles of Confederation

10. Problems under the Articles of Confederation • Trade suffered – U.S. can’t enforce trade agreements, states competed with each other, money and tariffs too confusing • Shays’ Rebellion – Massachusetts farmers rebelled over currency and debt issues; national government had no power to respond – demonstrated need for stronger national government

11. Constitutional ConventionPhiladelphia - 1787 • Agreed to • 3 branches of government – Legislative, Executive, & Judicial • National government needs power to tax, regulate interstate & foreign trade, sole power to coin money, raise an army

12. Representation in Legislature Virginia Plan v. New Jersey Plan The Great Compromise 2 house Congress (bi-cameral) House of Representatives - # of representatives based on state population Senate – equal # of Senators per state Any bill must pass both houses to become a law Constitutional Compromises“A Bundle of Compromises”

13. (Compromises) • Slavery • North v. South • 3/5 Compromise • Slave populations would be counted as 3/5 of a person for purposes of representation and taxation

14. (Compromises) • Tariffs • North v. South • Tariff Compromise • Congress may tax imports but never may tax exports • Encourage favorable balance of trade

15. (Compromises) • Electing the President • Delegates didn’t trust the common man to make wise decisions • Electoral College Compromise • Voters choose electors representing a candidate • Electors choose the President • President is indirectly elected by the voters • President is directly elected by the electors

16. Federalists Supported Constitution & stronger central gov’t. Big names support Organized Federalist Papers – editorials supporting Constitution Anti-Federalists Feared too strong a central gov’t. could take away rights Favored stronger state gov’ts. – closer to the people Concern that the original Constitution did not list the rights of the people Ratification of the Constitution

17. Ratification • 9/13 states approved • Federalists agreed to add a Bill of Rights

18. The Constitution(1789 - ) • A blue-print or framework for a national government

19. Federalism • Divide powers between national and state governments • Delegated (enumerated) powers – federal gov’t • Article I Section 8 – Elastic Clause – “necessary and proper” clause stretches Nation • Reserved powers (10th Amendment) – state gov’t • Concurrent powers - BOTH

20. Separation of Powers • 3 branches of government • Legislative • Executive • Judicial

21. Checks and Balances • (from Montesquieu) • No one or no one branch gets too powerful

22. Constitutional Flexibility • Amendments • Interpretation (Judicial Review) • Elastic Clause (Implied Powers) – Congress can make laws that are “necessary & proper” to carry out delegated powers

23. Proposed by 2/3 of both houses of the Congress Ratified by ¾ of the state legislatures Amendment Process

24. Amendments • # 1 – 10 – Bill of Rights (1791)

25. Civil Rights Amendments(Post Civil War) • #13 – No slavery • #14 – Equal protection of the laws • #15 – Can’t deny vote due to race, color, or previous condition of servitude

26. Progressive Era Amendments • #17 – Direct election of U.S. Senators • #19 – Women’s right to vote • #24 - Eliminated the poll tax • #26 – 18 year-olds can vote • #18 & #21 Prohibition/Repeal of Prohibition

27. “Presidential” Amendments • #12 – separate ballots (not same ballot - #1-= President; #2 = VP); for Pres & VP (so both would come from same Political Party) • #20 – terms of Pres and Congress start in January (not March) – “Lame Duck” Amendment • #22 – 2 term limit on President • #25 – Presidential Line of Succession; VP…Speaker of the House…etc.