Best Parts of the Best Parts of the ConstitutionConstitution

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THE SECOND REVOLUTIONTHE SECOND REVOLUTION

THE U.S. CONSTITUTIONTHE U.S. CONSTITUTION

INDEPENDENCE WAS THE MAIN INDEPENDENCE WAS THE MAIN OBJECTIVEOBJECTIVE

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INDEPENDENCE FOR INDEPENDENCE FOR WHAT ?WHAT ?

HOW THIS WAS DECIDED HOW THIS WAS DECIDED WAS THE DIFFERENCEWAS THE DIFFERENCE

WISE MEN & REASONWISE MEN & REASONRADICALS WHO RADICALS WHO

WANTED WANTED DECENTRALIZATION DECENTRALIZATION & DEMOCRACY& DEMOCRACY

CONSERVATIVES CONSERVATIVES WHO WANTED WHO WANTED ENGLISH REPLICA…ENGLISH REPLICA…

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MARCH 1,1781 … MARCH 1,1781 … ARTICLES of CONFEDERATIONARTICLES of CONFEDERATION

A LOOSE LEAGUE OF A LOOSE LEAGUE OF FRIENDSHIPFRIENDSHIP

INDIVIDUAL STATES WERE INDIVIDUAL STATES WERE SOVERIGNSOVERIGN

VERY LITTLE POWER … MOST VERY LITTLE POWER … MOST IN FOREIGN AFFAIRSIN FOREIGN AFFAIRS

CANNOT RAISE CANNOT RAISE $$$$$$ … NO … NO TAXATIONTAXATION

UNAMENDABLE UNAMENDABLE NO BILL OF RIGHTSNO BILL OF RIGHTS

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The Articles of The Articles of Confederation & Perpetual Confederation & Perpetual

Union (1777)Union (1777) All Real power resided with the states in the All Real power resided with the states in the

Union.Union.Goal was to limit power of central Goal was to limit power of central

government.government.Congress had little power.Congress had little power.

Each state had one vote.Each state had one vote.No judicial branch and, therefore, no way No judicial branch and, therefore, no way to enforce will of congress on states. to enforce will of congress on states.

No executive branch to implement acts No executive branch to implement acts of congress or negotiate treatiesof congress or negotiate treaties

WESTWARD WESTWARD SETTLEMENTSETTLEMENT

JAMES MADISONJAMES MADISON

THE PROBLEM OF NAT`L THE PROBLEM OF NAT`L DOMAINDOMAIN

WESTERN LANDS … JAMES MADISONWESTERN LANDS … JAMES MADISON

NORTHWEST ORDINANCE … MAJOR NORTHWEST ORDINANCE … MAJOR ACCOMPLISHMENTACCOMPLISHMENT

BRINGS REVOLUTUION TO A BRINGS REVOLUTUION TO A SUCCESSFUL CONCLUSIONSUCCESSFUL CONCLUSION

DEBTORS v. CREDITORSDEBTORS v. CREDITORS

Sept.1785Sept.1785…”Requisition Act”…”Requisition Act”

MONEY,MONEY,MONEY$$MONEY,MONEY,MONEY$$

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Shays’ RebellionShays’ RebellionIn early 1787 a group of small farmers In early 1787 a group of small farmers protested the repossession of their protested the repossession of their land for debt. They were led by Daniel land for debt. They were led by Daniel Shays, a former army captain in the Shays, a former army captain in the Revolutionary War. The purpose of the Revolutionary War. The purpose of the rebellion was to prevent foreclosures rebellion was to prevent foreclosures by keeping the courts from sitting until by keeping the courts from sitting until the next election. The Rebellion was the next election. The Rebellion was eventually quelled, but its impact was eventually quelled, but its impact was significant.significant.

The Elites Response to The Elites Response to Shay’s Rebellion:Shay’s Rebellion:

Let us have Let us have { a Constitution } { a Constitution }

by which our lives, liberties by which our lives, liberties and properties will be and properties will be

secured....secured....

“Respectable” Americans are shocked.

That Congress was That Congress was unableunable to act decisively in a time of to act decisively in a time of crisis, provided all the crisis, provided all the evidence needed to finally evidence needed to finally convene and revise the convene and revise the constitution. constitution.

The Impetus for The Impetus for ConveningConvening

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RECONCILIATIONRECONCILIATION

RIGHTS v. RIGHTS v. NATIONALISMNATIONALISM

FREEDOM v. FREEDOM v. SECURITYSECURITY

LIBERTY v. LIBERTY v. ORDERORDER 5

BOTH HAD THEIR BOTH HAD THEIR DAY...DAY... FEDERAL FEDERAL

SYSTEMSYSTEM

ABILITY TO ABILITY TO COMPROMISECOMPROMISE

““JOINT RESULT JOINT RESULT OF GROUPS WHO OF GROUPS WHO WERE OPPOSED WERE OPPOSED TO EACH OTHER”TO EACH OTHER” 4

Interests Pushing for Interests Pushing for

Stronger National Stronger National GovernmentGovernment

ManufacturersManufacturers to pass strong tariffs and create protected market in the to pass strong tariffs and create protected market in the

13 states13 statesMerchantsMerchants

to establish uniform trade laws among the statesto establish uniform trade laws among the statesWestern landownersWestern landowners --

to protect their holdingsto protect their holdingsFinanciersFinanciers

preferred uniform national financial system, did not want preferred uniform national financial system, did not want debt payment to depend on whims of statesdebt payment to depend on whims of states

CreditorsCreditors afraid that states would start printing paper money and afraid that states would start printing paper money and

cheapen value of holdingscheapen value of holdings

Interests Opposed to Stronger Interests Opposed to Stronger National GovernmentNational Government

Small Small farmersfarmers

ArtisansArtisansShopkeepeShopkeepe

rsrsSkilled Skilled

LaborersLaborers

all were actively involved all were actively involved in the government of the in the government of the states. They were the states. They were the first to initiate break first to initiate break with England and with England and represented a more represented a more radical element in radical element in government. They government. They wanted government to wanted government to be more accountable to be more accountable to the people.the people.

Who organized the Who organized the Convention?Convention?

• MerchantsMerchants• PlantersPlanters• Others with Others with

financial financial interests to interests to protectprotect

• Professional Professional ClassesClasses

• Political Political aspirantsaspirants

Of the 55 Of the 55 delegates invited, delegates invited, 33 were lawyers, 3 33 were lawyers, 3 were physicians, 7 were physicians, 7 were former chief were former chief executives of their executives of their own states, 6 were own states, 6 were plantation owners plantation owners and 8 were major and 8 were major businessmen.businessmen.

““Snapshot of a“Framer”Snapshot of a“Framer”WhiteWhiteOwners of Owners of PropertyProperty

MaleMale

The Agenda of the The Agenda of the Constitutional FramersConstitutional Framers

Strong central government to Strong central government to promote commerce and protect promote commerce and protect property.property.

prevent the “excessive democracy” prevent the “excessive democracy” of the Articles of Confederationof the Articles of Confederationlimit influence of “limit influence of “radicalsradicals””

Gain Popular Support in StatesGain Popular Support in States

Why Compromise?Why Compromise?Equality v. InequalityEquality v. Inequality

Fear of a dominating central governmentFear of a dominating central governmentProtecting self-interestsProtecting self-interests

The ConstitutionThe Constitution ““The Great The Great Compromise”Compromise”

Hamilton Hamilton PlanPlan

““Constitutional Constitutional Monarchy”Monarchy”

Senate with Senate with lifetime lifetime membershipmembership

““Lower House” by Lower House” by popular votepopular vote

CriticismsCriticisms::too similar to too similar to

British governmentBritish governmentlittle participation little participation

from the peoplefrom the people

#1#1

Drawn up by Madison & Drawn up by Madison & RandolphRandolph

Representation based on Representation based on populationpopulation

Calls for two housesCalls for two houses Criticisms:Criticisms:

catered to big statescatered to big states no leadershipno leadership

Virginia PlanVirginia Plan

New Jersey PlanNew Jersey Plan William Paterson’s replyWilliam Paterson’s reply Calls for one houseCalls for one house One vote per stateOne vote per state ““Chief Executive”Chief Executive” Criticisms:Criticisms:

Skewed towards small statesSkewed towards small states Too similar to the ArticlesToo similar to the Articles ““Chief Executive” or “King”Chief Executive” or “King”

Connecticut Connecticut CompromiseCompromise

Created by Created by Roger ShermanRoger ShermanDivides Congress into two houses Divides Congress into two houses

(Bicameral)(Bicameral)One house has same # of reps. from One house has same # of reps. from each stateeach state

Another house has proportional Another house has proportional representationrepresentation

Large & small states can work Large & small states can work togethertogether

Uses “Chief Executive”Uses “Chief Executive”

FATHER OF THE FATHER OF THE CONSTITUTIONCONSTITUTION

Checks & BalancesChecks & Balances

LegislativeLegislativeSenate Senate HouseHouse Interprets laws, treaties

JudicialSupreme CtFederal Cts

ExecutiveCabinet

Approves appointmentsApproves appointmentscan impeach judgescan impeach judges

Appoints judges

Interprets executive actsvetoes legislationvetoes legislation

may override vetoconfirms appointments

Federalism definedPolitical authority is divided between state governmentsand the central government.

State (and local government) have their own spheresof jurisdiction which (theoretically) cannot be encroachedupon by the federal government.

Ideally, the federal system offers the advantage of unity,while allowing states to handle more of their own affairs

Central Ideas of the ConstitutionCentral Ideas of the Constitution

FederalismFederalismdual sovereigns (state & national)dual sovereigns (state & national)

Separation of PowerSeparation of Powerlimiting power by dividing it limiting power by dividing it against itselfagainst itself

Individual RightsIndividual Rightsundeniable individual claims to undeniable individual claims to property and protectionproperty and protection

Separation of PowersSeparation of Powers

L egis lativeB ran ch

E xecu tiveB ran ch

J u dicialB ran ch

Topic OneTopic OneDetails about this topicDetails about this topicSupporting information and examplesSupporting information and examplesHow it relates to your audienceHow it relates to your audience

Article I: Article I: The Legislative The Legislative

BranchBranch

Constitution greatly expanded congressional Constitution greatly expanded congressional power compared to power compared to Articles of ConfederationArticles of Confederation Congress has power to:Congress has power to:

taxtax borrowborrowregulate commerce regulate commerce coin and regulate the value of moneycoin and regulate the value of moneydeclare war and maintain a military forcedeclare war and maintain a military forceArticle 1…section 10 ***Article 1…section 10 ***

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HR # HR # 007007

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Topic TwoTopic TwoDetails about this topicDetails about this topicSupporting information and examplesSupporting information and examplesHow it relates to your audienceHow it relates to your audience

LEGISLATIVE BRANCHLEGISLATIVE BRANCH

Next Steps Next Steps Summarize any actions required of Summarize any actions required of your audienceyour audience

Summarize any follow up action Summarize any follow up action items required of youitems required of you

ARTICLE IIARTICLE II

35 years old

Natural born citizen

Resident of the U.S. …14 yrs.

Article II:Article II: The Executive BranchThe Executive Branch

Executive branch strengthened new national Executive branch strengthened new national government. government.

Commander-in-Chief of armed forcesCommander-in-Chief of armed forcesThe Chief Executive (President) has the The Chief Executive (President) has the

power to:power to:Negotiate treatiesNegotiate treatiesAppoint administrators and judgesAppoint administrators and judgesConvene special Congressional sessionsConvene special Congressional sessionsVeto legislationVeto legislationgrant pardonsgrant pardons““take care that laws be faithfully executed”take care that laws be faithfully executed”

PRESIDENCYPRESIDENCYEXECUT IVE BRANCH

CABINETA P P T.A D V IS O R S

W HITE HOUSE ST AFFN O A P P T.

M ILIT ARYJOINT CHIEFS

PRESIDENTOF THE U.S .

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ARTICLE IIIARTICLE III

THE JUDICIAL BRANCHTHE JUDICIAL BRANCH

Article III: Article III: The Judicial BranchThe Judicial Branch

Strengthened national governmentStrengthened national government Curbed overly democratic influencesCurbed overly democratic influences Placed check on abuses of power by national executive Placed check on abuses of power by national executive

and legislative branchesand legislative branches established Supreme Court as highest court in established Supreme Court as highest court in

nationnationresolves conflicts between state and national lawsresolves conflicts between state and national lawsjurisdiction over citizens of different statesjurisdiction over citizens of different statesjudges serve lifetime appointmentsjudges serve lifetime appointmentslower courts include federal district courts and lower courts include federal district courts and

circuit courtscircuit courts

The U.S. The U.S. Judicial Judicial SystemSystem

Types of Types of CourtsCourts

OriginalOriginalAppellateAppellate

Local CourtsLocal CourtsMunicipalMunicipalSuperiorSuperior

Federal CourtsFederal CourtsCircuit CourtsCircuit CourtsDistrict CourtsDistrict CourtsAppealsAppeals

Supreme Supreme CourtCourt

Nine JudgesNine JudgesJudicial reviewJudicial review

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Common LawCommon Law

Interpret the ConstitutionInterpret the Constitution

Supreme Law of the Supreme Law of the LandLand

However…However… the Elastic Clause...the Elastic Clause... Elastic ClauseElastic Clause

This is the “Necessary & Proper” clause This is the “Necessary & Proper” clause in the Constitution. (Subsection 18)in the Constitution. (Subsection 18)

Each power could be used to its Each power could be used to its “stretchiest possible limit. “stretchiest possible limit.

In other words, any necessary means to In other words, any necessary means to use a legitimate enumerated power is use a legitimate enumerated power is considered proper.considered proper.

Reminder that enumerated powers were Reminder that enumerated powers were to be a source of strength, not to be a source of strength, not limitations on the congressional powers.limitations on the congressional powers.

Controversy: Slavery v. Controversy: Slavery v. RepresentationRepresentation

““3/5 Compromise”3/5 Compromise” Formula:Formula:

Calculate the # of Calculate the # of slaves from each slaves from each state & multiply state & multiply by 60%by 60%

Take that number Take that number & add it to white & add it to white populationpopulation

The sum The sum determines the # determines the # of reps.of reps.

slavery

All men are equalCivil warCivil war

Controversy #2: Trade Controversy #2: Trade RegulationRegulation

Who does it?Who does it?North: North:

central central government to government to control tradecontrol trade

stop slave tradestop slave tradeSouth:South:

fear of taxationfear of taxationslavery still slavery still necessarynecessary

Commercial Commercial CompromiseCompromise

Slave trade Slave trade continues for continues for 20 years20 years

Congress Congress regulatesregulates tradetrade

No export No export taxestaxes

THE ABILITYTHE ABILITYTO CHANGETO CHANGE

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