The U.S. Constitution

1. The U.S. Constitution Amendment and Evolution

2. Croft, Samantha Hall, April Barrett, Jennifer Barton, Jessica Degroot, Nicole Manyseng, Jessica Rutherford, Kimberly Tran, Toan Barbutes, Erin Baylor, Ashley Cagle, Stephen Callahan, Cody Carle, Krystene Eakles, James Hall, Ivan Jones, Herbert Kauffman, Justin Lucas, Lajordan Nedelea, Traian Rangel, Juan Salter, Christina Santiago, Monica Smith, Robert See Me

3. Administrative Issues • First homework due Wednesday IN CLASS • Come with name, seat number on every page, pages stapled • Turn in outside • Print clearly – if we cannot read it, you don’t get credit • Note on academic misconduct

4. Need strong national government Want to avoid “excessive democracy” Big states want rep based on population Slave states want slaves to count Local officials don’t want to cede power Need popular support Small states want rep equal for all states Non-slave states don’t want slaves to count Tensions / Disputes

5. Pathways to Compromise • Compromise achieved through • Splitting differences • Vague language • Leaving some questions unanswered

6. What Came Out of The Convention: Explicit Compromises • The Connecticut Compromise • Three-Fifths Compromise

7. What Came Out of the Convention • A national government with sufficient power to control the economy BUT • With an internal system of checks and balances, frequent elections, and a broad range of “constituencies” to prevent concentrated power

8. What Came Out of the Convention • Enumerated (or “express”) powers for the national legislature, to allay fears of an all-powerful national government BUT • Language, such as the elastic clause, that gives the legislature latitude to respond to new situations

9. What Came Out of the Convention • Direct elections of the House of Representatives, to appease the masses BUT • Indirect election of the President and Senate and appointment of federal judges, to avoid “excessive democracy”

10. Still, Ratification an Uphill Battle • Concern over a “bill of rights” • The debate between the Federalists and the Anti-federalists

11. Bill of Rights • Not included because not thought necessary • Figured the states would provide those rights • Turns out the masses weren’t as trusting, wanted guarantees • Mass, VA, and NY wouldn’t ratify without a promise of a bill of rights • NC and RI waited until the bill of rights actually adopted before ratification

12. Property owners, creditors, merchants Wanted elites (like themselves) to hold power Felt representation should be “in your best interests,” not necessarily what you wanted Worried about tyranny of majority Small farmers, debtors, shopkeepers Wanted common people (like themselves) to hold power Felt representation should be direct and so government had to be small Worried about tyranny by the elite minority Federalists v. Anti-Federalists

13. Felt the tendency for power to be abused could be controlled by institutional mechanisms (checks and balances) Felt the tendency for power to be abused should be controlled by limiting power, period. Federalists v. Anti-Federalists

14. How Has the Constitution Endured? • The “little black dress” of government • Mostly “negative” rights, very few demands or obligations placed on government • Only the bare bones of the system, so there is room to adjust to changes • Change through • Evolving interpretation • Amendment

15. Evolving Interpretation • Interpretation generally undertaken by courts • Interpretation evolves to fit new • Political realities (like recognizing right of privacy in context of abortion) • Technological and social developments (like extending 4th Amend. protection to computer files) • Interpretative change depends on the lack of specificity in language of constitution

16. Amendment - Methods 1. Amendment Proposed 2/3 Vote of House and Senate Convention Demanded by 2/3 of State Legislatures or 2. Amendment Ratified 3/4 State Legislatures 3/4 State Ratifying Conventions or

17. Amendment • Rarely used • Requires general consensus to pass House, Senate, and ¾ of states • Lawmakers recognize the dangers • What types of amendments have passed? • Bill of Rights • Expansions of electorate • Changes to election procedures and qualifications • Basic expansions or limits on government power

18. What Doesn’t Get Added • “Social” legislation (like forbidding the burning of the flag, or allowing prayer in schools) • Why? • Harder to get a consensus • Not the sort of enduring sentiment that should be affixed in Constitution • Prohibition was the exception – didn’t work well

19. A Note on the ERA • First introduced in 1923 • House, 1971; Senate, 1972; 7-year limit for ratification • 1978 – House/Senate extend deadline to June 30, 1982

20. 35 States Ratified Before Deadline

21. Why Did the ERA Die? • Concern for women in the military • Concern for loss of labor and family-law protections for women • Tangled with other issues • Abortion • Gay marriage