The Constitution

The Constitution Wilson Ch 2

I. The Articles of Confederation • 1. The original constitution of the US • 2. Governed the US through the Amer. Rev. Drafted 1777. didn’t go into effect until 1781 when Maryland ratified them

Weaknesses of the Articles • Congress had no power to tax. Had to “request” money from the states. • Congress had no power to regulate commerce. Hindered efforts to create a national economy • No national court system to deal with disputes between states • Lacked resources to maintain the army and navy it was authorized to maintain

II. The Constitutional Convention • States were aware of the weaknesses of the Articles of Confederation • Convention b/t Md and VA to settle disputes about Chesapeake (held at Mt Vernon) encouraged the calling of a regional conference in Annapolis • Annapolis convention led to the idea of a national convention

Convention only supposed to “revise” the AC but that was quickly dropped in favor of a new document. • Issues: • Representation- how should each state be represented in the Congress • Slavery – How should the country treat the issue of slavery which was obviously inconsistent with the Declaration of Independence • Voting- Who’s allowed • Economic Issues- How do we promote a national economy • Individual rights – How are individual rights protected

Representation- • Va Plan- supported by large states. Rep in congress determined by population • NJ Plan – supported by smaller states. Rep in congress equal • Solved by the Great Compromise (Connecticut Compromise) One house of congress determined by population. The other gives equal representation to the states

Slavery • North/South division of states over slavery • Southern states wanted slaves to count as population. North said no. • 3/5 Compromise – 3/5 slave population counted towards representation in congress • Congress given power to ban importation of slaves in 20 years (this was done)

Voting • Issue left up to the states

Economic Issues • Congress given power to tax and borrow money • Congress given power to regulate foreign commerce and interstate commerce • Congress given the power to create currency • States prohibited from taxing interstate commerce

Individual Rights • Drafters assumed state constitutions protected rights, so little was put in the original document • Prohibited suspension of the Writ of habeas corpus • Prohibited Bills of Attainder and Ex post facto laws • Prohibited religious tests for holding office • Right to jury trial guaranteed

III. Major Principles • 1. Separation of Powers • The three branches of government, Executive, Legislative and Judicial are separated so no one branch could control the other • Purpose to keep any one branch from being too powerful

2. Checks and balances • Each branch of government was given some way to act to keep other branches from making a power grab • Presidential veto • Impeachment

Limits on the Majority • Only the House of Representatives was directly elected. Indirect methods were chosen for the other branches • This allowed for control over the “Tyranny of the Majority” and the “ignorant voter.”

Amending the Constitution • Formal Processs • Article V • Proposal – • 2/3 vote both Houses Congress • National convention called by 2/3 vote of state legislatures

Ratification • ¾ of State Legislatures • ¾ of special ratifying conventions (only used once –Prohibition)

Informal Processes to Amend • Judicial Interpretation (Marbury v Madison) through judicial review • Political Party development

The Constitution