Chapter 2 The Constitution Presentation by Eric Miller, Blinn College, Bryan, Texas. Copyright © 2003 McGraw-Hill. All rights reserved. No part of this presentation may be reproduced in any form without permission from the publisher.

Before the Constitution “The Rights of Englishmen” French and Indian War 1756-1763 Stamp Tax (1765) Direct tax on colonists “No taxation without Representatation” Boston Tea Party (1773) Coercive (intolerable) Acts First Continental Congress (1774) Presentation by Eric Miller, Blinn College, Bryan, Texas. Copyright © 2003 McGraw-Hill. All rights reserved. No part of this presentation may be reproduced in any form without permission from the publisher.

Before the Constitution First Continental Congress (1774) Delegates from 12 colonies protested Coercive Acts Boycott British good Second Continental Congress (1775) Washington, Commander in chief-Military From Colonies to States Each colony form own govts All 13 colonies created individual state constitutions

Before the Constitution 2-4 The Declaration of Independence July 4, 1776 Locke: inalienable rights Jefferson: paraphrased Locke Call to revolution– not a framework of government Liberty, equality, individual rights, self-government, lawful powers Presentation by Eric Miller, Blinn College, Bryan, Texas. Copyright © 2003 McGraw-Hill. All rights reserved. No part of this presentation may be reproduced in any form without permission from the publisher.

The Confederation of States The Articles of Confederation (1776-1787) 1st National Constitution Writers were leery of a powerful central government Each state retained its “sovereignty, freedom and independence” All power rested with the states Presentation by Eric Miller, Blinn College, Bryan, Texas. Copyright © 2003 McGraw-Hill. All rights reserved. No part of this presentation may be reproduced in any form without permission from the publisher.

Powers of Central Government-AOC Unicameral Congress Congress had 1 vote per state (13 total) 9 out of 13 were required to pass any measure For an amendment- a unanimous vote (all 13 states must approve)

Powers of Central Government National government empowered to: make peace declare war enter into treaties regulate Indian affairs coin money (not paper money) Control Army control the post office borrow funds

Central Government lack of Power under AOC Congress could not force states to respect treaties Congress could not draft solders, states drafted Congress could not regulate interstate and foreign commerce Congress cannot collect taxes directly from people, states collected taxes Congress could not force states to pay government costs No money for military No Executive or Judiciary branch

Before the Constitution Shay’s Rebellion Late 1786 in Massachusetts, Daniel Shay lead 2000 farmers, they seized county courthouses Farmers faced loss of property and new taxes on farms Rebellion emphasized the need for a true national government Presentation by Eric Miller, Blinn College, Bryan, Texas. Copyright © 2003 McGraw-Hill. All rights reserved. No part of this presentation may be reproduced in any form without permission from the publisher.

Constitutional Convention, May 1787 Philadelphia, PA Meeting of delegates 12 out of the 13 states attended Rhode Island refused to sent delegates Delegates purpose to amend/revise the Articles of Confederation 55 delegates at the Convention wrote the U.S. Constitution Created federal form of government

Negotiating Toward a Constitution (A Two-chamber Congress) The Virginia Plan (Edmund Randolph) Bicameral (2-chamber legislature) Number of representatives would be proportional to states’ population Creation of national executive, elected by the legislature Creation of a national judiciary, appointed by legislature

Negotiating Toward a Constitution (A Two-chamber Congress) The New Jersey Plan (William Paterson) – Small-state plan Keep the Articles of Confederation structure the same One state, one vote Equal Representation among states regardless of size Congress would be given the power to regulate trade and impose taxes Supremacy Clause All acts of congress shall be the supreme law of the land

Negotiating Toward a Constitution (A Two-chamber Congress) The Great Compromise Roger Sherman (Connecticut) Bicameral (2 chambers) 1) House of Representatives (Lower Chamber) Apportioned according to number of free inhabitants in each state, plus 3/5 of the slaves 2) Senate-(Upper Chamber) Two members per state, Elected by the state legislatures Presentation by Eric Miller, Blinn College, Bryan, Texas. Copyright © 2003 McGraw-Hill. All rights reserved. No part of this presentation may be reproduced in any form without permission from the publisher.

Slavery North-South Compromise on economic issues No taxing exports, but allowed taxing imports Southern delegates allowed outlaw of importation of slaves after 1808 Escape slaves in free states be returned to their owners in slave states Three-fifths compromise Applied to both taxation and representation Slaves would be counted as three-fifth of a human being

Article I: Legislative Branch Makes Laws Providing for Self-Government Bicameral Congress (2 chambers) Senate (2 per state) House of Representatives (population) Senators serve 6-year terms To be selected by State legislature 17th Amendment (1913) allows voters to choose their 2 Senators directly House members serve 2-year terms Numbers of reps states can send depends on U.S. census every 10 years Elected directly by voters

Protecting Liberty Grants of Power Grants of power (Enumerated Powers) Article I, Section 8 17 Powers given to Congress by the Constitution Tax Commerce Coin Money Post Office Declare War Presentation by Eric Miller, Blinn College, Bryan, Texas. Copyright © 2003 McGraw-Hill. All rights reserved. No part of this presentation may be reproduced in any form without permission from the publisher.

Article II: Executive Branch Enforces or Executes Laws President & Vice President Serve 4-year terms Original document gave no term limits 22nd amendment (1951) limit the president to two-4 year term or max 10 years President Chosen by Electoral College

Article III: Judiciary Branch Interprets Laws U. S. Supreme Court Lifetime Appointments President nominates and Senate approves all Supreme Court Justices and Federal Judges

Protecting Liberty Separated Institutions Sharing Power Checks and Balances Shared Legislative Powers Congress can impeach President & Federal Judges Shared Executive Powers President can veto bills passed by Congress Shared Judicial Powers Judicial Review (Implied Power)

Negotiating Toward a Constitution A Strategy for Ratification Federalist Papers 9 out of 13 states required to ratify the Constitution The Ratification Debate Anti-Federalists Federalists Bill of Rights added to protect individual liberties Presentation by Eric Miller, Blinn College, Bryan, Texas. Copyright © 2003 McGraw-Hill. All rights reserved. No part of this presentation may be reproduced in any form without permission from the publisher.

The Formal Amendment Process 26 out of the 27 Amendments have been amended by: Congress can propose an amendment by 2/3 vote in each house State Legislatures can ratify (approve) an amendment by a vote of ¾ of the states.

Negotiating Toward a Constitution The Framers’ Goals Stronger national government Preserve states as viable governments Preserve liberties through checks and balances on power Based on popular sovereignty Restricted in uses of power Give the people a voice in government Presentation by Eric Miller, Blinn College, Bryan, Texas. Copyright © 2003 McGraw-Hill. All rights reserved. No part of this presentation may be reproduced in any form without permission from the publisher.

Protecting Liberty Existed in many state constitutions The Bill of Rights Existed in many state constitutions Jefferson argued for federal constitution Judicial Review Marbury v. Madison (1803) Precedent for court interpretation of the constitution Presentation by Eric Miller, Blinn College, Bryan, Texas. Copyright © 2003 McGraw-Hill. All rights reserved. No part of this presentation may be reproduced in any form without permission from the publisher.

Judicial Review Implied Power (Not in Constitution) Power of the Courts to declare governmental acts Unconstitutional. (Established in Practice) Marbury V. Madison (1803) Judiciary Act of 1789 Congress extended court jurisdiction to allow to hear Writ of Mandamus Court order that directs an official to take a specific action (Unconstitutional)