The Constitution

A Living Document

Key Events Preceding Constitution

• French & Indian War• Stamp Act… “No taxation without

representation”• Intolerable Acts• 1st & 2nd Continental Congress

– Olive Branch Petition (7/15/1775)– Declaration of Independence

• Nat’l Rights; Govt. by Consent…Social Contract

Declaration of Independence• “People of these colonies, solemnly publish and declare,

that the United Colonies are, and of right ought to be free and independent states; that they are absolved from all allegiance to the British Crown, and that all political connection between them and the state of Great Britain, is and ought to be totally dissolved, and that as free and independent states, they have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent states may of right do. And for support of this declaration with a firm reliance on the protection of Divine Providence we mutually pledge to each other our Lives, our Fortunes and our sacred honor.”

Articles of Confederation (1781-1789)

• Written Constitution

• Influenced by state constitutions

• Weak central government; power to states…why?

Articles of Confederation

• What is a Confederate? – A Firm League of Friendship– “States keep their sovereignty, freedom, and

independence and every power, jurisdiction, and right not expressly delegated to the U.S. in Congress.”

• So why do states come together though at all if they want to maintain their independence?– Common defense, security of liberty and mutual

and general welfare

Articles of Confederation: Congress

• Make war/peace• Treaties; Send/receive ambassadors• Borrow $• Build navy, RAISE ARMY BY ASKING STATES

FOR TROOPS• Settle disputes of states• Why Limit Powers?

– Fear of big unitary government (listed 27 abuses by Brit. Govt.)

Articles of Confederation: Structure

• Unicameral Congress: Each State—One Vote– Why?

• No Executive or Judicial Branch– Why?– Impact?

Articles of Confederation: Weaknesses

• No power to tax…why? Impact?– No Revenue…No Power– Request $16 mill…get $2 mill. (none from GA/NC)

• 9/13 states needed to ratify; 13/13 to amend– Inflexible

• No power to regulate commerce…why? Impact?– Exper. Under British (Brit. E. India); Intolerable Acts;

Navigation Acts– States tax each others goods; ban some trade; no credit;

multiple currencies– Economy on verge of collapse

Articles of Confederation: Weaknesses

• Army Dependent on State Militias…Why? Impact?– Fear of Standing Army; Quartering Act– Can’t Respond in crisis like Shay’s Rebellion

• No Coherent Foreign Policy...Impact?– No way to work with foreign powers

Shays Rebellion• Shays Rebellion

– Exposes inherent weaknesses of the Articles of Confederation

– Final straw that led to the calling for the Constitutional Convention & a stronger central government

Constitutional Convention (May 14, 1787- September 17,1787)

• Revise Articles of Confederation– I.D. Impfections; State Bill of Rights; No Rel. Requirements; Strong

Legislature

• Goal: Balance need for strong central govt., to preserve order, but not threaten liberty

• AMAZING document, adaptable & flexible while providing structure & organization

• What were the big issues at the conventions?

Key Word: Compromise• Connecticut/Great Compromise: Virginia Plan + New

Jersey Plan– VA Plan: Leg. Rep. based on state population (bicameral, 3

branches)– NJ Plan: Leg. Rep. based on equality (unicameral, 3

branches)– Great Compromise: Bicameral Congress (House & Senate)

• House of Representatives: Based on population• Senate: Equal Representation• Who Benefits More?

• 3/5 Compromise: Settles Issue of Slave Population– What’s the issue?

• Commerce & Slave Trade– Restricts action on slavery for 20 years– Congress regulate trade; but can’t tax exports

5 Principles of Democracy

• Popular Sovereignty• Separation of

Powers• Checks & Balances• Judicial Review• Federalism

5 Principles of Democracy• Popular

Sovereignty: – “We the People”– People source of

govt. power– People created the

natl. govt.; gave power st. & local gov power

– Guarantees a Republic

• Limits: Why?• Electoral College• Selection of Senators• Senators= 6 yr. terms

5 Principles of Democracy

• Separation of Powers– Division of power into 3 branches– Goal: Limit government– Can be inefficient/fragment policymaking

Separation of Powers

Separation of Powers

5 Principles of Democracy• Checks & Balances

– Each branch can limit the powers of the others– No one branch becomes to powerful; limit

government

Checks & Balances

5 Principles of Democracy

• Judicial Review– Power of courts to determine the constitutionality

of a law or executive action– Informal Amendment

• Marbury v. Madison

Brown v. Board of Education

5 Principles of Democracy• Federalism:

– A system of government in which power is both divided & shared between a central government & state/regional political units.

– 10th Amendment: “Those powers not delegated to the federal government, nor prohibited to the states, are reserved for the states.”

Key Federalism Clauses• Full Faith & Credit Clause:

– Each State has to honor the civil rulings and laws from other states; doesn’t apply to criminal matters.

• Supremacy Clause: – Constitution: Supreme Law of the Land– Sets up the hierarchy w/ the U.S. Constitution at the top.

• Necessary & Proper Clause: – Congress shall have power to make all laws necessary and proper to

carry out all other powers vested by Constitution in the government.

• Commerce Clause– Congress’ power to regulate “interstate commerce”

Federalism

Ratification• Requires 9/13 States…Really Need 13, Why?• Ratified by State Conventions (Federalism)• The Great Debate: Federalists v. Anti-Federalists

– Federalists (Consult Table 2.4; p. 53)• Favor ratification; govt. by elite; today’s white collar

– Anti-Federalists• Want strong state powers; rule by commoner; fear big govt…loss of

civil liberties• Fear Elite Rule, no Bill of Rights, weakened state govt.

• Compromise: Addition of Bill of Rights/10th Amendment; House selected directly by people

Practice IB Essay Outlines• Pass Out IB Essay Rubrics• Essay Prompts

– “American Independence from Britain was not a revolution, but an evolution.” To what extent do you agree with this view? Provide specific evidence to support.

– In what ways did the Declaration of Independence of 1776 justify the United States separation from Britain? Provide specific evidence to support.

– Why did the Articles of Confederation fail to provide a strong government?– To what extent were the grievances expressed in the Declaration of

Independence successfully addressed by the Articles of Confederation?– For what reasons, and in what ways, was the United States Constitution of 1787

a “bundle of compromises”? – Analyze the main problems facing the United States under the Articles of

Confederation (1781). How far did the United States Constitution (1788) solve them?

– “The Constitution of the United States, agreed between 1787 and 1791, was a revolutionary document for its time.” To what extent do you agree with this claim?