Chapter 2 The Constitution

Ch 2 topics: Historical background Structure of New Government Overview of Articles Ratification debate Bill of Rights Amending the Constitution

Early Steps towards a new Government  Colonies band together to combat British taxes and restrictions French and Indian War caused Need for $$: so taxation Proclamation of 1763 Stamp Act Congress List of grievances to the King King responds with Coercive Acts (known as the “Intolerable Acts”)

Proclamation of 1763

The First Continental Congress Met in Philadelphia 1774 Declaration of Rights and Resolves Attempted compromise with King If King did not respond, meet again in 1775

The Second Continental Congress Fighting broke out before Congress met Olive Branch Petition: King refused Declaration of Independence 1776 Articles of Confederation outlined the powers of the Congress

The Declaration of Independence 1776 Thomas Jefferson wrote Based on John Locke’s ideas “Life, Liberty, Property” becomes “Life, Liberty and Pursuit of Happiness” Legitimacy of government rests on consent of the governed Government that is abusive should be changed 12 of 13 colonies vote for (NY abstained)

Articles of Confederation Compact among the 13 states Written in 1776; ratified in 1781 (during the war) Created a national Congress to Appoint officers for an army Make peace Control the post office Negotiate with Indian tribes Each state is sovereign One vote per state in Congress

Problems Under the Articles Lack of national sentiment; little unity Government too limited No executive No judicial system Congress rarely could assemble quorum Chaotic regulation of trade with foreign nations (each state had different laws) No power to tax No military

Review Looser associations Need for stronger gov’t Stamp Act Congress First Continental Congress Second Cont Congress Articles of Confederation Need for stronger gov’t Defense/Stability Foreign relations Organization: president, judiciary $$: tax

Constitutional Convention, 1787 The Framers: 55 delegates All were men Many were young 17 owned slaves http://en.wikipedia.org/wiki/Founding_Fathers_of_the_United_States

The Virginia and New Jersey Plans Virginia Plan Powerful central government Three branches Legislative Executive Judicial Two House Legislature One house directly elected Other: nominated by state legislatures Based on population A legislature with power to select the executive and judiciary New Jersey Plan Strengthening the Articles, not replacing them Creating a one-house legislature with one vote for each state with representatives chosen by state legislatures Creating a Supreme Court appointed for life by the executive officer

Compromises Great Compromise Slavery Compromises: One house of legislature: directly elected by people Based on population Second house: each state an equal vote reps selected by the state legislatures National power would be supreme Slavery Compromises: Three-Fifths Compromise: Slaves are 3/5 of a person Assured South nearly half the House Slave trade guaranteed for 20 more years at least

The U.S. Constitution: Basic Principles Separation of Powers Divides power among three branches Selected by and responsible to different constituencies Checks and Balances Each branch has some oversight and control over others Federal System government in which power is divided between the national government and the state governments All states are all part of a national gov’t

Figure 2.2- Separation of Powers

The Articles of the Constitution Article I: The Legislative Branch Structure, terms, selection, apportionment Enumerated powers – 17 specific powers Necessary and Proper Clause Basis for implied powers

Article II: Executive Branch President with a four-year term. Qualifications for and removal from office. Lists powers of the office. Commander in chief, treaties, appointments. Sets out State of the Union Address.

Article III: Judicial Branch Establishes only a Supreme Court. Sets boundaries of Supreme Court’s jurisdiction. Gives Congress the power to establish lower courts.

The Articles of the Constitution Articles IV Through VII Relations between national government and the states V: Amendment procedure Article VI: the Supremacy Clause. Provides that the “Constitution, and the laws of the United States” as well as all treaties are to be the supreme law of the land. Also no religious test shall be required for holding office.

Ratification Debate Federalists Anti-Federalists Favored a stronger national government supported the Constitution Later became the first political party in the U.S. Anti-Federalists Favored strong state governments and a weak national government Opposed the ratification of the U.S. Constitution

Anti-Federalists Feared a strong central government would abuse States’ power Personal liberties Wanted to limit taxing power of Congress Wanted a state militia instead of a national military Bill of Rights to the states for ratification in September 1789 to address their concerns

The Federalist Papers Series of 85 political articles written by John Jay (5), Alexander Hamilton (51), and James Madison (26) Printed in Newspapers Supported the ratification of the Constitution

Table 2.2- Federalists and Anti-Federalists Back

Amending the Constitution: The Bill of Rights First ten amendments to the U.S. Constitution Specific protections of personal rights Freedom of expression, speech, religion, and assembly Right to bear arms and no quartering of soldiers responses to British rule Ninth Amendment: enumerated rights are not all inclusive Tenth Amendment: powers not given to the national government are reserved by the states or the people

Figure 2.3- Amending the Constitution

Informal Amendment Judicial interpretation. Social and cultural change.