The Structure of our Constitution The Constitution

James Madison “If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this; you must first enable the government to control the governed; and in the next place oblige it to control itself.” What principles of government can we derive from what Madison is saying here?

Constitution What is a constitution? A constitution is a nation’s basic law. It creates political institutions, assigns or divides powers in government, and often provides certain guarantees to citizens. Sets the broad rules of the game

The Importance of Flexibility The Constitution is short, with fewer than 8,000 words. It does not prescribe every detail. The Constitution is not static, but flexible for future generations to determine their own needs.

The Constitutional Convention The Framers (55) attending: men of practical affairs, including Continental army veterans and members of the Congress of the Confederation

The Constitutional Convention An entirely new constitution was written, although gathering was authorized only to revise Articles Primary concern was with defense of liberty as a natural right (Remember Locke?). The way to do this is through Separation of Powers So the central focus of the Constitutional Convention was dividing up power

Plans and Compromises The Virginia Plan National legislature with supreme powers One house elected directly by the people The New Jersey Plan One vote per state Protect small states’ interests

The Great Compromise House of Representatives based on population Two senators per state, elected by state legislatures

The Constitution and Slavery House of Representatives Apportionment: 3/5 Compromise Congress could not prohibit slave trade before 1808 Fugitive Slave Clause requires that slaves that escaped to another state be returned to the owner in the state from which they escaped.

Key Principles of Government Popular rule only in House of Representatives What did the Founders hope to gain by limiting democratic participation? Doesn’t this limit Locke’s principles? Which political leaders would’ve been upset that only the House of Representatives was elected?

Key Principles of Government Separation of Powers between branches

Key Principles of Government Federalism: power divided between national and state governments

Categories of Powers Enumerated powers : given to national government exclusively; include power to print money, declare war, make treaties, conduct foreign affairs Implied Powers – Congress has the authority to do anything it needs to do in order to enforce it’s Enumerated Powers. Reserved powers : given to states exclusively; include power to issue licenses and to regulate commerce wholly within a state Concurrent powers : shared by both national and state governments; include collecting taxes, building roads, borrowing money, having courts

The Antifederalist View Liberty could be secure only in small republics Nation needed, at best, a loose confederation of states with most of the power wielded by the state legislatures If there was a strong national government, there should be many more restrictions on it

The Articles of the Constitution Which articles of the Constitution do you know? Article One – Congress Article Two – President Article Three – Court Article Four – States Article Five – Amending Article Six – Supremacy Article Seven - Ratification Who knows the Constitution? Mr. C.P.C Sasr

Article I: Legislative Branch (CONGRESS) This article spells out the powers and duties of the bicameral legislature, which consists of the House of Representatives and the Senate. It lists the powers given to Congress, called enumerated powers. These include the right to tax, declare war, regulate commerce, and create legislation. Congress is given the right to make all laws that are “necessary and proper” to the maintenance of the country. This is referred to as the elastic clause (aka Necessary and Proper Clause) because it has been stretched to accommodate the changing needs of the country.

Congress and Economic Issues Problem: 1.States had tariffs on products from other states 2.Paper money was basically worthless 3.Congress couldn’t raise money Solution: Powers of Congress to be strengthened Powers of states to be limited Article I, Section 8 power to "regulate commerce among the several states."

Gibbons v Ogden Facts of the Case A New York state law gave two individuals the exclusive right to operate steamboats on waters within state jurisdiction. Laws like this one were duplicated elsewhere which led to friction as some states would require foreign (out-of-state) boats to pay substantial fees for navigation privileges. In this case a steamboat owner who did business between New York and New Jersey challenged the monopoly that New York had granted, which forced him to obtain a special operating permit from the state to navigate on its waters. Question Did the State of New York exercise authority in a realm reserved exclusively to Congress, namely, the regulation of interstate commerce?

Gibbons v Ogden Conclusion The Court found that New York's licensing requirement for out-of-state operators was inconsistent with a congressional act regulating the coasting trade. The New York law was invalid by virtue of the Supremacy Clause. In his opinion, Chief Justice Marshall developed a clear definition of the word commerce, which included navigation on interstate waterways. He also gave meaning to the phrase "among the several states" in the Commerce Clause. Marshall's was one of the earliest and most influential opinions concerning this important clause. He concluded that regulation of navigation by steamboat operators and others for purposes of conducting interstate commerce was a power reserved to and exercised by the Congress.

McCulloch v Maryland Facts of the Case - In 1816, Congress chartered The Second Bank of the United States. In 1818, the state of Maryland passed legislation to impose taxes on the bank. James W. McCulloch, the cashier of the Baltimore branch of the bank, refused to pay the tax. Questions - The case presented two questions: Did Congress have the authority to establish the bank? Did the Maryland law unconstitutionally interfere with congressional powers? In a unanimous decision, the Court held that Congress had the power to incorporate the bank and that Maryland could not tax instruments of the national government employed in the execution of constitutional powers. Writing for the Court, Chief Justice Marshall noted that Congress possessed unenumerated powers not explicitly outlined in the Constitution. Marshall also held that while the states retained the power of taxation, "the constitution and the laws made in pursuance thereof are supreme...they control the constitution and laws of the respective states, and cannot be controlled by them."

Article II: Executive Branch (PRESIDENT) This article defines the powers of the President. These powers include being Commander-in-Chief of the Armed Forces, reporting to Congress on “the state of the union” and the authority to make treaties and to appoint officials with the advice and consent of the Senate. The President must also “take care that the laws are faithfully executed.” This phrase has become a source of implied powers, meaning that the President is assumed to have powers and responsibilities not specifically mentioned in the Constitution.

Article III: Judicial Branch (COURT) This article establishes a Supreme Court and defines its jurisdiction or its authority to hear certain cases. Congress is also given the power to create lower courts.

Article IV: Federalism (STATES) This article more clearly defines the relationship between the states and the federal government. It includes the “full faith and credit” clause, which states that an act or judicial proceeding of one state must be honored in all other states.

Article V: The Amendment Process (AMENDING) This article defines the process for making changes to the original Constitution. The process involves federalism; Congress must propose an amendment by a two-thirds vote in both houses and the states must ratify it by a three-quarters vote in order for the amendment to be added to the Constitution.

Article VI: The Supremacy Clause (SUPREMACY) This article clearly states that national law will be supreme over state law.

Article VII: Ratification Procedures (RATIFY) 9 of 13 colonies had to approve

DateState Votes % Approval YeaNay 1December 7, 1787Delaware300100% 2 December 12, 1787 Pennsylvania462367% 3 December 18, 1787 New Jersey380100% 4January 2, 1788Georgia260100% 5January 9, 1788Connecticut % 6February 6, 1788Massachusetts % 7April 28, 1788Maryland631185% 8May 23, 1788South Carolina % 9June 21, 1788New Hampshire574755% 10June 25, 1788Virginia897953% 11July 26, 1788New York302753% 12 November 21, 1789 North Carolina % 13May 29, 1790Rhode Island343252% %

Ratifying the Constitution

Bill of Rights

Ratifying the Constitution Ratification Lacking majority support, the Federalists specified that the Constitution be ratified by state conventions, not state legislatures. Delaware first ratified the Constitution on December 7, New Hampshire’s approval (the ninth state to ratify) made the Constitution official six months later.