Chapter 3 The Constitution

The Colonial Background Separatists were dissatisfied with the Church of England and sought a place where they could practice their religious beliefs. (1621) The compact they formed set forth the idea of consent of the governed.

In 1763, the British Parliament began to pass laws that treated the colonies as a unit. The major reason for these laws was to raise revenue to help pay off the war debt incurred during the French and Indian Wars (1756–1763).

1 st Continental Congress Meeting of the Colonists to determine what demands to make of Britain –Own councils for imposition of taxes –End to British Military occupation –Trial by local jury Demands were rejected, leading to the “shot heard round the world”

Declaration of Independence –The document announcing the intention of the colonies to separate from Great Britain based on shared grievances about the treatment of the colonists by the British Government.

Declaration of Independence Written by Thomas Jefferson, influenced by John Locke Natural Rights - Rights inherent in the essence of people as human beings. Government does not provide these rights but can restrict the exercise of them.

Birth of a nation Nation –A shared sense of understanding and belonging among a people, that they are different and separate from other peoples…and that they have a right to self government over a defined territory.

Articles of Confederation –The first constitution of the United States, which based most power in the states.

Articles of Confederation “Loose association of independent states” –Each state retained its “sovereignty, freedom and independence” –National Congress created, but the states had most control –People considered themselves citizens of their respective state, and not “Americans”

Articles of Confederation Congress lacked the power to: –Control foreign relations or compel states to respect treaties –Compel states to meet military quotas –Regulate commerce between states –Tax the people –Compel states to pay their share of government costs –Maintain a sound money system or issue paper money

Crafting a Constitution Virginia Plan –Called for a two house legislature with representation based on state populations New Jersey Plan –Called for equal representation in a legislature with just one house

Crafting a Constitution Great Compromise –A way to compromise on legislative representation –Creates a Bicameral (two house) legislature House of Representatives whereby representatives are elected based on state population of free citizens and 3/5 of all slaves (Three Fifths Compromise) Senate, whereby each state gets two representatives.

Crafting a Constitution The Madisonian Model –Separation of Powers Principle that the executive, legislative, and judicial functions of government should be primarily performed by different institutions –Checks and Balances Principle that each branch of government has the means to thwart or influence actions by the other branches

Checks and Balances

Crafting a Constitution Federalism –Form of government that distributes power across a national government and sub national governments Supremacy Clause –Clause of the Constitution that declares national laws and treaties as supreme over state laws.

Crafting a Constitution Full faith and credit clause –Clause in the Constitution stating that states are to honor the official acts of other states. Privileges and immunities clause –Clause in the Constitution stating that states are to treat equally their own citizens and the citizens of other states.

Two sides to the argument Federalists –Individuals who supported the proposed Constitution and a strong national government. Anti Federalists –Individuals opposed to the proposed Constitution, fearing it concentrated too much power in the national government.

Ratification 9 of 13 states were required for ratification Delaware was the first to ratify. New Hampshire was the 9 th Virginia and New York were 10 th and 11 th, but were the most powerful Rhode Island was the final state.

Bill of Rights A “Bill of Limits” on government power First ten Amendments to the Constitution No explicit limits on state government powers Came after the actual Constitution was written Many states would not ratify without the promise of this Bill of Rights.

Amending the Constitution

The Constitution Preamble –“We the People” Article I –Legislative Branch Article II –Executive Branch

The Constitution Article III –Judicial Branch Article IV –Relations among States Article V –Amendments to the Constitution

The Constitution Article VI –Supremacy Clause Article VII –Ratification

The Constitution Amendment I –Speech, Petition, Press, Assembly, Religion Amendment II –Militia and Right to Bear Arms Amendment III –Quartering of Soldiers

The Constitution Amendment IV –Searches and Seizures Amendment V –Due Process of Law Amendment VI –Criminal Court Procedures

The Constitution Amendment VII –Trial by Jury in Civil Cases Amendment VIII –Bail and “Cruel and Unusual” Punishment Amendment IX –Rights Retained by the People

The Constitution Amendment X –Reserved Powers of the States Amendment XI –Suits Against States Amendment XII –Election of the President

The Constitution Amendment XIII –Prohibition of Slavery Amendment XIV –Citizenship, Equal Protection, Due Process Amendment XV –The Right to Vote

The Constitution Amendment XVI –Income Tax Amendment XVII –Popular Election of Senators Amendment XVIII –Prohibition of Alcohol

The Constitution Amendment XIX –Women’s Right to vote Amendment XX –Time of taking office (lame duck amendment) Amendment XXI –Repeal of Prohibition

The Constitution Amendment XXII –Limits on Presidential Terms Amendment XXIII –Electors for District of Columbia Amendment XXIV –Anti-poll tax amendment

The Constitution Amendment XXV –Vacancies of the President or Vice President Amendment XXVI –Voting Rights for 18 year old Amendment XXVII –Congressional Pay