Chapter 3 Notes

1. Chapter 3 Notes

2. Constitutional Convention • 1787- Delegates from each state (except Rhode Island) converged on Philadelphia for a convention to address the problems within the Articles of Confederation. • Focus: Addressed the structure of the National/Federal/Central Government. • Why not Rhode Island? • Who were these delegates? • Who led the convention? • Quickly realized that the Confederation had to be scrapped for a new form of government.

3. Operating Procedures • 1. Decisions made by majority of votes (Each state was given one vote) • 2. Agreed to keep discussions secret. Why? • Public’s Opinion (?) • Perpetual Contract (?) • Problem: No records were kept • How do we know what happened? • Diaries (journals): James Madison in particular

4. Conflict 1: Structure of Central Government • Why was there bound to be conflict between the states? • What was the structure of the central government under the Articles of Confederation? • What are some of the problems with this basic structure?

5. Best Structure: Separation of Powers • Montesquieu’s Tripartite System: power should be divided between a legislature, an executive, and a judiciary. • No one or one group should have complete power. • If power corrupts, how can one limit corruption? • If you limit specific powers (the power to tax, the power to declare war….), how can the government operate in order to meet its four primary functions? • The government must retain all necessary powers while also dividing power to avoid absolute power.

6. Virginia Plan • 1. Three Branches: Legislative (create laws), Executive Branch (enforce laws), and Judicial (interpret and apply laws). • 2. Legislature is divided into two parts (bicameral). Why? • 3. Representation was based on population (more population, more delegates in legislature) • Which is the most powerful branch? • Who would oppose this plan? Why?

7. New Jersey Plan • 1. Three Branches: Legislative, Executive, and Judicial • 2. Legislature is one house (unicameral) • 3. Each state gets one vote to represent them in legislature. • Who opposes this plan? Why?

8. The Great Compromise (Roger Sherman of Connecticut) • 1. Three Branches: Which branches? • 2. Legislature is bicameral: The House of Representatives (The House!) and the Senate • 3. Senate: Equal representation for each state = two reps per state • 4. House of Representatives: Based on population

9. Conflict 2: Economics and Representation • What was the economy of the southern states? • What was the main source of labor in the southern economy? • In the House of Representatives, how is representation determined? • What is the problem for southern states?

10. 3/5th Compromise • Southern states wanted to count the slave population in order to help determine the total population. • Northern states argued that since slaves were treated as property, they should not be counted in the population. • Solution: Representation and direct taxes on slaves would be based on three/fifths of the slave population. • How is this a “compromise?”

11. Conflict #3: Choosing the Executive • Options: • Popular Vote: • Gave too much power to the north. • Smaller states needs aren’t met. • Didn’t trust the population • Legislature: • “Fear of Intrigue”- The president being chosen by a small group of men who met regularly. • The President would be bound to the legislature and not the people. • Solution: Who chooses?

12. Electoral College • A college is an organized group with a particular aim or purpose. • Each state will be given a number of “electors” based off the number of their members of congress (two senators and all members of the House) • Each state legislature will choose how the electors are chosen. • Electors are pledged to a specific presidential/vice presidential candidate. The state popular vote determines which electors get to cast a vote. • Majority of electoral votes determines the executive.

13. Electoral College Map

14. Electoral College • There are a total of 538 electoral votes (100 senators + 435 reps + 3 DC electors). • How many votes are required to win (majority)? • Madison (Federalist No. 39) Mixture of state-based and population-based government. • Problems: • Popular vote does not confirm winner (not democratic) • Swing states draw too much attention • Favors smaller states

15. Ratification - Federalists • Each state would create a ratifying convention to vote yes or no => 9 of 13 states required => if so, Constitution becomes the “Supreme Law of the Land.” • Federalists: Supporters of the U.S. Constitution • Federalism= A form of government in which power is divided between the federal (national) government and the state governments. • The Federalists main arguments for a strong central government survive through a series of essays called The Federalist Papers written by James Madison, Alexander Hamilton, and John Jay.

16. Anti-Federalists • Anti-Federalists = Opposed the ratification of the U.S. Constitution • Too much power to the national government (indirect government) • Too little power to the states (direct government) • Absence of a Bill of Rights = failed to provide the proper protection from the national government

17. Agreement • Federalists agreed to add a bill of rights after ratification. • Ratification- • June 21, 1788, New Hampshire was the 9th state to ratify the Constitution => thus, creating the government of the United States of America • The last state, Rhode Island, ratified the Constitution in 1790.

18. The Federalist Papers • The Federalist Papers were written as a series of articles supporting the ratification of the Constitution. • Written by Alexander Hamilton, John Jay, and James Madison under the pen name “Publius” (one of 4 to overthrow the Roman monarchy and establish the Republic). • They were written to the people of New York. Why? • Today, the Federalist Papers are used as one of the main sources to understand and interpret the original intent of the U.S. Constitution.

19. Assignment: The Federalist No. 10 • Written by James Madison • Focus: how the new republic can best protect against factions (special interest groups) • Protection against the Tyrannical Majority

20. Structure of the U.S. Constitution • “It’s a plan, but not a straightjacket, flexible and short.” – Harry S. Truman • All legitimate authority (power) is derived from the U.S. Constitution. • Federal Government: The Branches • State Government => defines local power • Those governments cannot deviate outside of their powers defined in the U.S. Constitution • Since the U.S. Constitution retains and defines all powers, what is it?

21. Basic Structure of the U.S. Constitution • Structure: • Preamble- Goals and purpose of the document • The Articles- Powers distributed to the Branches • The Amendments- Changes made over time • The Preamble is….

22. The Articles • 7 Articles- • Article 1: Legislative Branch • The power to create legislation (statutes/laws) • Traditionally, the most powerful branch • Article 2: Executive Branch • The power to enforce (carryout) the laws created by Congress • Article 3: Judicial Branch • The power to interpret and apply law

23. The Articles (continued) • Article 4: Relationship of the state governments to one another and to the Federal government. • Full Faith and Credit • How to make new states • States must follow the Republic form of government • Article 5: Amendment Process • 2/3rds of both Houses (only successful process) • National Convention (called on by 2/3rds of the states) • Ratification of the Amendment is required by 3/4th of the states. • Article 6: Supremacy Clause- Government is bound to the Constitution, but in conflicts of Federal government and state law, the Federal government is Supreme. • Article 7: Ratification

24. Amending the Constitution • Total of 27 Amendments (changes) to the Constitution. • First 10 Amendments are also known as the Bill of Rights. • The amendment process was made to be difficult and require overwhelming support of the Nation.

25. Interpretations- Necessary and Proper Clause (Elastic Clause) • Article 1, Section 8, Clause 18: Congress shall have the power “To make all laws which shall be necessary and proper for carrying into execution the foregoing powers (the rest of Article 1).” • Problem? • Created Loose Interpretation (Big Government) and Strict Interpretation (Small Government) • Precedent to support Loose Interpretation: McCulloch v. Maryland • The Federal government had the power to make a National Bank even though that power was not specifically stated in the Constitution.

26. Popular Sovereignty • “We the People…do ordain and establish this Constitution for the United States of America.” • The sovereign power of the U.S. Constitution is granted by the people => the right to rule comes from the people = popular sovereignty • If power is granted by the people, it can be taken back => the U.S. Constitution is our Social Contract

27. Checks and Balances • Each branch is given the power to restrain the actions of other branches => less corruption • Checks and Balances is the result of separation of powers. Explain?

29. Government Power • 1. Federal Government (National/Central) • 2. State Government • Powers • Expressed (Enumerated) Powers: Powers given expressly to the federal government in the U.S Constitution. • Reserved Powers: Powers “reserved” to the states in the 10th Amendment. • Concurrent Powers: Powers shared by the state and the federal government (example: tax) • Implied Powers: Powers inferred from the Necessary and Proper Clause