t he u nited s tates c onstitution f oundations of a merican g overnment
TRANSCRIPT
THE UNITED STATES CONSTITUTION
FOUNDATIONS OF AMERICAN GOVERNMENT
Questions that are asked about the United States Constitution.
When was the Constitution written?
Who created it?
Why was it written?
What events led to its creation?
Where was it written?
What historical documents was it modeled after?
What problems in our society did the Constitution solve?
What are its limitations?
How would you improve it?
Do you feel it is as relevant today as it was when the Constitution was first created?
Constitution Facts
The United States Constitution was created on September 17, 1787.
It was ratified June 21, 1788
Ratify: \ˈra-tə-ˌfī\ to approve and sanction formally.
http://www.knowledgerush.com/wiki_image/9/97/Constitution_of_the_United_States_Ratification.png
Formation of the first governments of the 13 colonies
Highly Influenced by:English Law– Contracts, Juries, stare decisis
English TraditionNatural rights:
rights inherent in human beings, not dependent on government
Consent of the governed:government derives its authority by sanction of the people
Limited Government:certain restrictions should be placed on government to protect natural rights of citizens
English Religion (mix of Protestantism and Catholicism)
Formation of the first governments of the 13 colonies
What ideas influenced the first colonial governments?
Hebrews-(Ten Commandments) – laws based on morals
Greeks-(direct democracy) – everyone participated directly (smaller society)
Romans- (Classical republic) – elect people to represent you. People practice “civic virtue”. Promotion of the common good. Moral education.
What influenced the colonists?
Old English DocumentsMagna Carta
(1215) first document to limit the King’s powerEstablished Due Process
Habeas Corpus Act (1678) government must tell you what you are being held for and show evidence against you.
Petition of Right(1628) Government could not tax without consentGovernment could not quarter troops
English Bill of Rights(1689) Parliament replaced dominant power of King (legislative supremacy)Trial by juryNo cruel and unusual punishmentRight to bear arms
Origins of the Constitution:French and Indian War
What events led to its creation?
The failure of the Articles of Confederation. It created a weak national government, there was no president or Judicial branch. Congress was the only branch of government. Federal government could not enforce laws on states.
The American Revolution left the United States very weak. Farmers revolted because many of their land was being taken away.
http://www.brown.edu/Students/INDY/archives/2005-10-27/images/constitution.jpg
Articles of Confederation
First functioning Government
Ratified in 1781While Revolution is in progress
Most real power with the States• Binding was a ‘rope of sand’• Lots of quarrelling between the
states
Just one CongressUnicameral (one house)each State had 1 representativeit took 9/13 States to pass a lawit took 13/13 States to approve a treaty or amend the ArticlesNo executive or judicial branchCould pass laws, make treaties, declare war & pace, borrow money, and create a postal system
Weaknesses of the A of C1. Congress couldn't require States to obey national
laws (no Judicial branch)
2. The central government has little power over foreign trade
3. The Confederation has no effective military force.
4. Each state issues its own coins and paper money
5. The Confederation must ask states for money to support the federal Government
6. Changes in the Articles require a unanimous vote of the thirteen, makes it impossible to change the constitution
7. At least nine states are required to decide major issues
We NEED a stronger Government!!!
“Shays Rebellion” scares a lot of people
A Small Rebellion of Massachusetts farmersSeries of attacks on courthouses by a small band of farmers led by Revol.War Captain Daniel Shays to block foreclosure proceedingsEconomic elite concerned about Articles’ inability to limit these violations of individual’s property rights
Can’t decide what to do with the Northwest Territory
Have a ‘Constitutional Convention,’ to rework the Articles
Philadelphia in May 1787
End up creating a new Constitution
Constitutional Convention55 delegates from 12 states meet ‘for the sole and express purpose of revising the Articles of Confederation’
“the well-bred, the well-fed, the well-read, and the well-wed”
Average age is 42, 2/3 lawyers, 1/3 owned slaves
Had political experience, from cities
No Rhode Island, John Adams, Thomas Jefferson, Sam Adams, John Hancock, or Patrick Henry!
Father of the ConstitutionJames Madison of Virginia
Spoke over 200 times
Took extensive notes
The Philadelphia Convention
Philosophy into ActionHuman Nature
which is self-interested
Political Conflictwhich leads to factions
Objects of Governmentincluding the preservation of property
Nature of Government which sets power against power so that no one faction rises above and overwhelms another
Constitutional Conflict!!!
Virginia PlanStrong national government
Three branches of government(legislative, executive, judicial)
Two houses of congress, based on population
Big states like it!VA, Penn, NC, Mass, NY, MD
JUST before was voted on, NJ introduced a new plan
New Jersey PlanThree branches (same three)
ONE house – equal representation
Two executives
Issues of Equality
Constitution Facts
The authors of the Constitution were the Delegates of the Philadelphia Convention (also known as the Constitutional Convention, or Federal Convention)
There were 55 Delegates who drafted the United States Constitution.
State # of Delegates that attended
Connecticut 3
Delaware 5
Georgia 4
Maryland 5
Massachusetts 4
New Hampshire
2
New Jersey 5
New York 3
North Carolina 5
Pennsylvania 8
South Carolina 4
Virginia 7
Rhode Island 0
Not all Delegates that attended the Convention signed the Constitution
Where was it written?
The United States Constitution was written in the Philadelphia State House. Also where George Washington received his commission as Commander of the Continental Army. Now called Independence Hall
http://en.wikipedia.org/wiki/File:Independence_Hall_belltower.jpg
Problems during the Convention?
Constitutional CompromiseConnecticut Compromise
Roger Sherman of Conn. presents the compromise
House of Reps is based on population
Senate has two representatives per state (equal representation)
“Upon what principal shall the states be computed in representation?”
Governor Morris
Issues of North v. SouthRepresentation in Congress
South wanted slaves to be counted in population
Elbridge Gerry (Mass) said “Blacks are property and are used to the southward as horses and cattle to the northward” If you want slaves to count “make them citizens and let them vote.”
Slavery and Representation
When Elbridge Gerry said “Blacks are property and are used to the southward as horses and cattle to the northward” If you want slaves to count “make them citizens and let them vote,” What was he saying???
Slavery Solutions3/5 Compromise
Only the Southern states had large numbers of slaves. Counting them as part of the population would greatly increase the South’s political power, but it would also mean paying higher taxes. This was a price the Southern states were willing to pay. They argued in favor of counting slaves. Northern states disagreed. The delegates compromised. Each slave would count as three-fifths of a person.
Importation of slavery would end in 1808
Georgia and the two Carolinas — threatened to leave the convention if the trade were banned. A special committee worked out another compromise: Congress would have the power to ban the slave trade, but not until 1800. The convention voted to extend the date to 1808.
The Fugitive Slave ActThe delegates placed a similar fugitive slave clause in the Constitution. This was part of a deal with New England states. In exchange for the fugitive slave clause, the New England states got concessions on shipping and trade.
What problems in our society did the Constitution solve?
The Constitution solved the problem of only one branch of government and provided us with: the Legislative branch, Executive branch, and Judicial branch.
Checks and Balances was created. There was a separation of power between branches of government.
The Electoral College was created to represent the states in presidential elections.
What major historical documents was the US constitution modeled after?
Commentaries on the Laws of England by William Blackstone. This book gave rights and wrongs of people in a society. Was about the common law of England.
The Spirit of the Laws by Baron de Montesquieu. This book talked about separation of powers and constitutionalism.
Social Contract by Jean Jacques Rousseau. This talked about the more efficient way to set up political community. Government should be of the people.
Two Treatises of Government by John Locke. It covers the idea that every man is created equal under God.
Historical Documents that Influenced the U.S. Constitution
DocumentsThat inspired
(or led to)The
US Constitution
The Charters ofThe
CompanyOf
London
The Virginia DeclarationOf Rights
The Declaration
Of Independence
The VirginiaStatute forReligiousFreedom
The Articles of
Confederation
The Agenda in Philadelphia
The Individual Rights IssuesSome were written into the Constitution:
Prohibits suspension of writ of habeas corpusNo bills of attainderNo ex post facto lawsReligious qualifications for holding office prohibitedStrict rules of evidence for conviction of treasonRight to trial by jury in criminal cases
Some were not specifiedFreedom of speech and expressionRights of the accused
Why was it
written?It was written to show the three branches of government: Legislative, Executive, and Judicial
It tells the power of each branch.
To tell the framework of the United States Government.
Also tells the relationship of the Federal government to state governments and to all the citizens in the United States.
The Madisonian ModelTo prevent a tyranny of the majority, Madison proposed a government of:
Limiting Majority Control
Separating Powers
Creating Checks and Balances
Establishing a Federal System
Federalist Paper #51
The Madisonian Model
The Constitutional RepublicRepublic: A form of government in which the people select representatives to govern them and make laws
Favors the status quo – change is slow
The End of the BeginningThe document was approved, but not unanimously. Now it had to be ratified.
What are its limitations?
The United States Constitution limits the power of the government. Each branch has their own powers. No government is all-powerful, and that it may only do things that the people have given it power to do.
The government must obey the law. This is the principle called constitutionalism.
http://www.cityofmemphis.org/media/images/gov2.jpg
The Madisonian ModelWhere did the “Founding Fathers get the ideas of Limited Government & Checks and Balances.
The Madisonian Model
What about the Executive Branch?Chief Executive
One?
Two?/Three?
How long should the President serve?
How to choose?Congress picks the President?
People elect him?
Electors from each state?
Electoral College?
The Executive
Single chief executive
Electoral College to keep Congress outClunky system
Intended to prevent the riff-raff from deciding election
4-year term of office
Constitutional Convention:The Final Agreement
Electoral CollegeHas changed a lot since 1787
Number of electors from each state determined by the number of Senators plus Representatives
Whoever gets 270, wins!
www.270towin.com
www.electoral-vote.com
Amending the Constitution
The Federalist PapersCollaborative writing of Hamilton, Jay, and MadisonSeries of 85 essays defending the Constitution and republican form of governmentConsidered the best political theorizing in the US
Anti-Federalist viewSuch patriots as Samuel Adams and Patrick HenryConst. a document written by aristocrats, for aristocratsWould create an overbearing & overburdening central govt hostile to personal freedomsWanted a list of guaranteed liberties, or a bill of rightsDecried the weakened power of the states
The Difficult Road to Ratification
RatificationRatify – to approve
FederalistSupported the Constitution
In favor of ratifying
From larger states, cities, merchants
Alexander Hamilton
James Madison
John Jay
John Adams
George Washington
Anti-FederalistAgainst the constitution
Would create an overbearing & overburdening central gov’t hostile to personal freedoms
Would ruin the country with taxes
Wanted a Bill of Rights
Giving up state power to Federal Government made them uneasy
Patrick Henry
Aaron Burr
Sam Adams
Thomas Jefferson
Federalists vs. Anti-Federalists
Federalist PapersWritten to support the ratification of the constitution
Written in newspapers by anonymous authors (mostly A. Hamilton, J. Jay, J. Madison)
Federalists and Anti-FederalistsThe Federalists were people who supported ratification of the Constitution.
The Anti-Federalists were people who opposed it.Below are arguments made by the Anti-Federalists against the Constitution. Under each one, explain in your own words how the Federalists countered this concern.
1. The national government would have too much power at the expense of the states.
2. There would be no protection of the individual rights of citizens against the government.
3. Congress could do anything with the Necessary and Proper Clause.
4. The president would be similar to a king.
How were the Anti-Federalist appeased to ratify the
Constitution?
Bill of Rights
Bill of Rights1st 10 Amendments to the Constitution
Constitutional Change
The Informal Process of Constitutional Change
Judicial Interpretation
Marbury v. Madison (1803): judicial review
Changing Political Practice
Technology
Increasing Demands on Policymakers
What would you change about the US constitution?
I would not change anything. I agree with the separation of powers and checks and balances. The government for the people and by the people is clearly shown in this document. What isn’t in the constitution is left for the state governments to rule. Such as, drug limitations, schooling requirements, and traffic laws.
http://www.lasc.be/government/images/CapitolBuilding_000.jpg
Do you feel it is as relevant today as it was when it was written?
The US constitution is completely as relevant today as it was when it was written because the same principles are proposed today. Laws are still unconstitutional and we still have to rule by the constitution. The division of powers is still working today. It still makes this country run with a stable democracy.