Origins of the US Constitution

A Quick and Dirty History of Colonial America 17 th Century England- Monarchy Anglican Church official church 1620s Pilgrims land in Mass. seeking religious freedom Gradual settling by English of 13 original colonies English Continued to have official authority, but large degree of autonomy.

History Development of colonies as important trading partner Colonists largely thought of themselves as English English provided military support No income tax Increased taxes on goods/services Sugar Act, Stamp Act, Quartering Act Sugar Act, Stamp Act, Quartering Act NO TAXATION WITHOUT REPRESENTATION!

History nd Continental Congress adopts Jefferson’s Declaration of Independence Grievances both economic and political 1777 Articles of Confederation Loose constitution Loose constitution Limited power of central government Limited power of central government Congress- Limited powers in foreign affairs, coining money Congress- Limited powers in foreign affairs, coining money States retained most sovereignty States retained most sovereignty

History Colonies eventually win War of Independence Continue to function under Articles of Confederation Problems Inability to collect taxes and pay war debts Inability to collect taxes and pay war debts No ability to back currency No ability to back currency No Judicial system to handle disputes between states No Judicial system to handle disputes between states

Shays’s Rebellion 1780 Mass Constitution limited political participation of lower classes Series of bad harvests, farm foreclosures Shays leads a small army to forcibly prevent farm foreclosures Raises serious concerns about ability to provide defense Particular concern for lenders, other upper class individuals

Discussion 1 Why bother with some form of constitution this early in the game? Think back to the Zakaria article. What similarities and differences in challenges and opportunities were/are there for democracy?

Constitutional Convention Originally called to revise articles Articles scrapped in favor of new system Concern- how to create a government powerful enough to maintain order yet weak enough to prevent it from infringing on rights Concern- how to provide representation

Representation of States Virginia Plan- Provide representation based on population New Jersey Plan- Equal representation among states Great Compromise- Bicameral Legislature 2 houses, house of representatives based on size, Senate based on

Slavery Moralism of Northern States Economic Factors How to deal with for representation?? Slave states- Count slaves for determining number of representatives Free states- Don’t count slaves Debate- values, economics, relative power of north and south 3/5 compromise- slaves count as 3/5 of a person for determining representation in house

Discussion 2- Beard What is Beard’s basic thesis? What evidence does he use to support? What arguments do his critics use against him? Do you think the framers were governed by self interest, principle, or some combination?

Federalism Reservation of many powers to states Supremacy clause- When in conflict, federal law trumps state law Full faith and credit clause- States must recognize laws of other states

How has it lasted this long? Constitution deliberately vague Enumerated Powers Article 1, section 8 Article 1, section 8 Coin money, establish post office, copyrights, declare war, fund military Implied powers Necessary and Proper Clause Pass laws to make implied powers happen, other laws that are necessary for branches to carry out duties Pass laws to make implied powers happen, other laws that are necessary for branches to carry out duties Possibility for Amendment

How to Amend The Constitution Propose amendment 2/3 vote of both house and senate 2/3 vote of both house and senate Constitutional Convention Constitutional ConventionRatification ¾ of state legislatures ¾ of state legislatures Conventions in ¾ of states Conventions in ¾ of states

Discussion 3- Flexibility and Amendment What would Kammen thing about recent efforts to amend the constitution? Balance of ambiguity and flexibility- what are ambiguous areas, what is price?

Informal Amendment Presidential or Congressional Action Sometimes necessity is the mother of invention Sometimes necessity is the mother of invention Court Interpretations Debate- Intent of Framers vs. Flexibility

The fight over ratification Constitution takes effect if ratified by 9 states Passes quickly in several small states. Takes effect, but NY, VA do not immediately join Considerable Opposition War of Words Federalists and Anti-Federalists

Who are they? Federalists-Property owners, large farmers, merchants Anti-Federalists- Small Farmers, Shopkeepers, laborers

What do they Want? Federalists- Strong, centralized authority Anti federalists, weak central authority, no standing army

Anti-Federalists Distrustful of centralized authority Too much power Incentive to tax Trample rights of individuals Public can have greater impact at state level Public can have greater impact at state level WHERE ARE PROTECTIONS OF INDIVIDUAL RIGHTS????

Federalists/Anti-Federalists Federalists largely distrustful of public Anti federalists see participation as curbing govt. power What do you think? How does this play out today?

Federalist 10 Problem(s) Faction Faction Interested in own good, not greater good Ensuring good leadership Ensuring good leadership Solutions- Minimize Citizen Input Government can allow cooler heads to prevail Government can allow cooler heads to prevail Large Districts Large Districts

Other solutions Electoral College Indirect election of senators Keep certain conflicts out of government What does this tell us? Mistrust of people

Basic Constitutional Principles Federalism Separation of Powers Checks and Balances All meant to limit the accumulation of power and potential for corruption

Federalist 51 Sheds light on organization of state and logic for it What is the concern? What is the assumption? What is the solution?

Federalist 51 Concern- How do we prevent tyranny by the government? Assumption- People have desire for power Solution- Divided power. Checks and Balances Additional Check-Federalism

Organizing a Government Separation of powers Three Branches, three different tasks Legislative-Make Laws Executive-Enforce Laws Judicial- Interpret and apply laws

Separation of Powers/Checks and Balances Each branch dependent on others Legislative Main Duty- Writing Laws Limitations Executive- Vetoes Executive- Vetoes Judicial- Laws held Unconstitutional Judicial- Laws held Unconstitutional

Executive Presidency (and now bureaucracy) Duties- Enforcing laws, head of military, foreign affairs Limitations Legislative- Debates and votes on bills, power to reject nominees, treaties, etc, can impeach Legislative- Debates and votes on bills, power to reject nominees, treaties, etc, can impeach Courts- Can hold actions unconstitutional Courts- Can hold actions unconstitutional

Judicial Duty-Interpret laws Limitations Executive- Appoints Judges Executive- Appoints Judges Legislative- Confirms Judges, organizes number of seats, can impeach Legislative- Confirms Judges, organizes number of seats, can impeach

Separation of Powers Some debate about how well this has held up Many policies set by bureaucracy President proposes legislation Congress and War Judicial Activism Are these “problems”?

Basic Constitutional Principles Federalism Separation of Powers Checks and Balances All meant to limit the accumulation of power and potential for corruption

Federalist 51 Sheds light on organization of state and logic for it What is the concern? What is the assumption? What is the solution?

Federalist 51 Concern- How do we prevent tyranny by the government? Assumption- People have desire for power Solution- Divided power. Checks and Balances Additional Check-Federalism

Organizing a Government Separation of powers Three Branches, three different tasks Legislative-Make Laws Executive-Enforce Laws Judicial- Interpret and apply laws

Separation of Powers/Checks and Balances Each branch dependent on others Legislative Main Duty- Writing Laws Limitations Executive- Vetoes Executive- Vetoes Judicial- Laws held Unconstitutional Judicial- Laws held Unconstitutional

Executive Presidency (and now bureaucracy) Duties- Enforcing laws, head of military, foreign affairs Limitations Legislative- Debates and votes on bills, power to reject nominees, treaties, etc, can impeach Legislative- Debates and votes on bills, power to reject nominees, treaties, etc, can impeach Courts- Can hold actions unconstitutional Courts- Can hold actions unconstitutional

Judicial Duty-Interpret laws Limitations Executive- Appoints Judges Executive- Appoints Judges Legislative- Confirms Judges, organizes number of seats, can impeach Legislative- Confirms Judges, organizes number of seats, can impeach

Separation of Powers Some debate about how well this has held up Many policies set by bureaucracy President proposes legislation Congress and War Judicial Activism Are these “problems”?

For Thursday Finish Constitution issues Take up principle of Federalism I’ll pass out paper assignment