THE CONSTITUTION

The purpose of this chapter is to introduce you to the historical context within which the United States Constitution was written.

THE POLITICAL PHILOSOPHY OF THE FOUNDERS THEME A THE POLITICAL PHILOSOPHY OF THE FOUNDERS Feared a strong government AND the majority ”Natural Rights.” - Life, liberty and property

The "real" revolution The "real" revolution was the radical change in belief about what made authority legitimate and liberties secure. Government by consent, not by prerogative Direct grant of power: written constitution Human liberty before government Legislature superior to executive branch

THEME B: THE CONSTITUTIONAL CONVENTION The Weakness of the Articles of Confederation The Virginia Plan The New Jersey Plan The “Great Compromise”

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

Weaknesses of the confederation Could not levy taxes or regulate commerce Sovereignty, independence retained by states One vote in Congress for each state Nine of thirteen votes in Congress required for any measure Delegates picked, paid for by legislatures Little money coined by Congress Army small; dependent on state militias Territorial disputes between states No national judicial system All thirteen states' consent necessary for any amendments

THE MOTIVES OF THE FOUNDERS THEME C: THE MOTIVES OF THE FOUNDERS Economic Interests at the Convention Economic Interests and Ratification The Constitution and Equality Separation of Powers and Federalism Need for a “Bill of Rights”

The Framers Who came: men of practical affairs Who did not come Intent to write an entirely new constitution Lockean influence Doubts that popular consent could guarantee liberty Results: "a delicate problem"; need strong government for order but one that would not threaten liberty Democracy of that day not the solution Aristocracy not a solution either Government with constitutional limits no guarantee against tyranny

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

Federalist Papers 10 and 51 Coalitions were more likely to be moderate because they would represent a diversity of interests Governments should be somewhat distant from the passions of the people No bill of rights was necessary

The Virginia Plan Design for a true national government Two houses in legislature Executive chosen by legislature Council of revision with veto power Two key features of the plan National legislature with supreme powers One house elected directly by the people

The New Jersey Plan Sought to amend rather than replace the Articles Proposed one vote per state Protected small states' interests

The compromise House of Representatives based on population Senate of two members per state Reconciled interests of big and small states

Key principles Separation of powers Federalism

Reasons for the absence of a bill of rights Several guarantees in Constitution Habeas corpus No bill of attainder No ex post facto law Trial by jury Privileges and immunities No religious tests Obligation of contracts Most states had bills of rights. Intent to limit federal government to specific powers

Need for a bill of rights Ratification impossible without one Promise by key leaders to obtain one Bitter ratification narrowly successful

The motives of the Framers Acted out of a mixture of motives; economic interests played modest role Economic interests of framers varied widely Economic interests of Framers varied widely Beard: those who owned governmental debt supported Constitution However, no clear division along class lines found Recent research: state considerations outweighed personal considerations; exception: slaveholders

Madison's Federalist No. 10 Personal liberty safest in large ("extended") republics Coalitions likely more moderate there Government should be somewhat distant to be insulated from passions

CONSTITUTIONAL REFORM ‑ MODERN VIEWS THEME D CONSTITUTIONAL REFORM ‑ MODERN VIEWS Reducing the Separation of Powers Making the System Less Democratic

Constitutional reform--modern views Reducing the separation of powers to enhance national leadership Urgent problems remain unresolved President should be more powerful, accountable, to produce better policies Government agencies exposed to undue interference Proposals Choose cabinet members from Congress Allow president to dissolve Congress Empower Congress to require special presidential election Require presidential/congressional terms Establish single six-year term for president Lengthen terms in House to four years

Making the system less democratic Government does too much, not too little Attention to individual wants over general preferences Proposals Limit amount of taxes collectible Require a balanced budget Grant president a true line-item veto Narrow authority of federal courts

Who is right? Crucial questions How well has it worked in comparison with other How well has it worked in history?

Key Principles of Government Founders did not intent to create a direct democracy Popular rule only in House of Representatives Separation of Powers: between branches Federalism: power divided between national and state governments

Three Categories of Powers Enumerated powers: given to national government exclusively; include power to print money, declare war, make treaties, conduct foreign affairs 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

Map 2.2: Ratification of the Federal Constitution by State Conventions, 1787-1790

The Constitution and Slavery House of Representatives Apportionment: 3/5 Compromise Congress could not prohibit slave trade before 1808 Fugitive Slave Clause

Suggestions for Constitutional Reform Reduce separation of powers to enhance national leadership Make the system less democratic Questions to consider How well has it worked in history? How well has it worked in comparison with other democratic nations?

PARTS OF THE CONSTITUTION ARTICLE I ‑ LEGISLATIVE ARTICLE II ‑ EXECUTIVE ARTICLE III ‑ JUDICIAL

ARTICLE IV ‑ STATES RIGHTS ARTICLE V ‑ AMENDING THE CONSTITUTION

ARTICLE VI ASSUMPTION OF DEBT, SUPREMACY CLAUSE AND NO RELIGIOUS TEST ARTICLE VII RATIFICATION OF THE CONSTITUTION

The Bill of Rights Amendments 1 - 10 AMENDMENT 1 FREEDOM OF RELIGION SPEECH, PRESS, ASSEMBLY

THE MILITIA AND THE RIGHT TO BEAR ARMS AMENDMENT 2 THE MILITIA AND THE RIGHT TO BEAR ARMS AMENDMENT 3 QUARTERING OF TROOPS IN PRIVATE HOMES

UNREASONABLE SEARCH AND SEIZURE AMENDMENT 4 UNREASONABLE SEARCH AND SEIZURE AMENDMENT 5 DUE PROCESS

BAIL, CRUEL AND UNUSUAL PUNISHMENT AMENDMENT 6 RIGHTS WHEN ON TRIAL AMENDMENT 7 COMMON ‑ LAW SUITS AMENDMENT 8 BAIL, CRUEL AND UNUSUAL PUNISHMENT

UNENUMERATED RIGHTS PROTECTED AMENDMENT 9 UNENUMERATED RIGHTS PROTECTED Right to privacy interpreted to be under this amendment. Madison felt that this was the most important amendment because it would cover forgotten rights.

POWERS RESERVED TO THE STATES AMENDMENT 10 POWERS RESERVED TO THE STATES

AMENDMENT 11 LIMITS ON SUITS AGAINST STATES AMENDMENT 12 REVISION OF ELECTORAL COLLEGE PROCEDURE

EX‑SLAVES MADE CITIZENS DUE PROCESS EXTENDED TO STATES AMENDMENT 13 SLAVERY PROHIBITED AMENDMENT 14 EX‑SLAVES MADE CITIZENS DUE PROCESS EXTENDED TO STATES AMENDMENT 15 BLACKS GIVEN RIGHT TO VOTE

POPULAR ELECTION OF SENATORS AMENDMENT 16 FEDERAL INCOME TAX AMENDMENT 17 POPULAR ELECTION OF SENATORS

AMENDMENT 18 PROHIBITION AMENDMENT 19 WOMEN'S SUFFRAGE

FEDERAL TERMS OF OFFICE TO BEGIN IN JANUARY AMENDMENT 20 FEDERAL TERMS OF OFFICE TO BEGIN IN JANUARY AMENDMENT 21 REPEALED PROHIBITION

PRESIDENT LIMITED TO TWO TERMS AMENDMENT 22 PRESIDENT LIMITED TO TWO TERMS AMENDMENT 23 D.C. GIVEN VOTING RIGHTS

PRESIDENTIAL DISABILITY AMENDMENT 24 POLL TAX OUTLAWED AMENDMENT 25 PRESIDENTIAL DISABILITY

INCREASE IN CONGRESSIONAL SALARIES PROHIBITED DURING TERM AMENDMENT 26 VOTING AGE LOWERED TO 18 AMENDMENT 27 INCREASE IN CONGRESSIONAL SALARIES PROHIBITED DURING TERM

Ratification of the Federal Constitution by State Conventions, 1787-1790

Self-Test

For more information about this topic, link to the Metropolitan Community College Political Science Web Site http://socsci.mccneb.edu/pos/polscmain.htm