The Constitution

Writing the Constitution Initially designed to revise the Articles of Confederation Constitutional Convention met to address defects in Articles No taxation No regulation of commerce No national judicial system All 13 states had to agree to amend Articles Goal = Liberty Protect liberties within the Constitution Based on natural rights ordained by nature, history, and God Rights unalienable Life, liberty, & property (changed to ‘pursuit of happiness’ Protect against tyranny

Results Took delegates 4 months to write new Constitution in Philadelphia, PA Looked to state constitutions as examples Created new government unlike any before Strong enough to preserve order BUT not strong enough to threaten liberty

Representation Compromise Virginia Plan – base # of representatives on population New Jersey Plan – all states have equal # of representatives Connecticut Compromise – bicameral legislature House of Representatives based on population Senate consists of 2 reps from each state, initially chosen by governor but later changed to popular election

Key Principles Federalism – political authority divided between national and state governments Enumerated Powers – listed specifically for the national government Declare war, print money, make treaties, foreign affairs, regulate commerce between states and foreign nations Reserved Powers – rights given to the states Issue licenses, regulate commerce within states Concurrent Powers – shared between national & state governments Collect taxes, build roads, have courts Separation of Powers – political powers shared by 3 branches of government Executive – President Legislative – Congress Judicial – Supreme Court Ensures no branch gets too much power

Separating Power Framers saw need to separate power based in experience with England & Articles of Confederation People will seek own advantage in politics Unchecked self-interest leads to exploitation of the masses Harness self-interest as source of unity and guarantee of liberty Divide new offices of government Give each means & motives to resist encroachments of others “Ambition must be made to counteract ambition”

Checks & Balances Congress Check President Refuse to pass bill Pass law over presidential veto Use impeachment powers Refuse to approve presidential appointment (Senate) Refuse to ratify treaty the president signed (Senate) Check Federal Courts Change number & jurisdiction of lower courts Use impeachment to remove judge Refuse to approve a person nominated to be a judge (Senate) President Check Congress by vetoing a bill it has passed Check federal courts by nominating judges Courts Check Congress by declaring a law unconstitutional Check president by declaring actions by him or his subordinates unconstitutional or not authorized by law Other informal checks President withhold information from Congress Congress mounts investigations

Federalism Divide power between state government & national government Provide double security to rights of people Check one another Good for America, according to the framers of the Constitution Many factions would seek own advantage One faction might dominate part of government in one place, but not all of government Gives factions ability to gain some – but not all – power

Views of Federalism Dual Federalism – views the constitution as giving a limited list of powers to the national government, leaving the rest to sovereign states Primarily foreign policy & national defense Each level of government is dominant in its own sphere Supreme Court mediates between national gov’t and states Cooperative Federalism – stresses federalism as a system of intergovernmental relations in delivering governmental goods and services to the people cooperation among various levels of government Marble Cake Federalism – all levels of government are involved in a variety of issues and programs Competitive Federalism – National government, 50 states, and local governments compete with each other to put together services and taxes Permissive Federalism – state’s share of power rests upon the permission of the national government

Federalists vs. Antifederalists Federalists supported ratification of the new Constitution Favored strong national government Believed in security of separation of powers & checks and balances Antifederalists opposed ratification of the Constitution Supported states’ rights Saw potential for corruption in US government Specific issues: Presidential veto power Court system likely to encroach on local level Senate probably filled with elites Too far away from the citizens Congress will pass oppressive taxes No bill of rights Believed liberty is best secured in small republics

Calming Antifederalists The Federalist Papers written by James Madison, Alexander Hamilton, and John Jay supported the Constitution Madison - #10 & #51 Liberty safest in large republics with many opinions & interests Coalitions will have to form so different interests can rule National government should be at some distance from the people, insulated from momentary passions Checks & balances prevent tyrannical government Republican government checks power of factions Promised to add a bill of rights to the Constitution

Controversy & Reform Today Two types of critics Centralists like strong national government; think federal gov’t is too weak Decentralist like more power in states; think federal gov’t is too strong Reduce separation of powers Ease gridlock Increase presidential authority & accountability Weaken political parties Increase presidential term Allow congressmen in Cabinet Feature special elections Make more similar to British Parliamentary system Decrease Democracy Government does too much, not too little Stop catering to special interests Add line-item veto to presidency Devolution Revolution Return powers to states from federal government

Summary Framers sought to protect liberty & order Constitution combined popular consent, separation of powers, and federalism Prevent tyranny National and state governments had independent authority Ensure neither large nor small states would dominate national government Struggle for ratification based on differences of opinion on whether state or national government would be best protector of personal liberty