THE CONSTITUTION The Final Product

IT CAN ALL BE TRACED TO THE VIEW OF HUMAN NATURE... Aristotelian view – government should improve human nature by cultivating virtue Madisonian view – cultivation of virtue would require a government too strong; self-interest should be pursued within limits

PREAMBLE States the purpose of the Constitution Creates a people of the United States Explains the reason for the Constitution To form a more perfect Union – polite way of expressing the Articles of Confederation didn’t work States the goals of the new government Fashions (or establishes) a government

BASIC PRINCIPLES Republicanism – form of government in which power resides in the people and is exercised by their elected representatives Federalism – division of power between the national and state governments States give up only those powers necessary to create an effective national government National government is limited to the powers specified in the Constitution

BASIC PRINCIPLES Separation of powers – divides government power among three independent branches Ensures that power does not fall into the hands of one person or single group Checks and balances – gives each branch of government some scrutiny and control over the others

THE ARTICLES Article I – established legislative branch Lawmaking was considered to be the most important function of the new government Lists enumerated powers (Article 1, Section 8) Necessary and proper clause – basis for Congress’s implied powers Article II – established the executive branch Outlines electoral college, presidential powers and responsibilities Article III – established the judicial branch

THE ARTICLES Article IV – full faith and credit clause & admission of new states Article V – amendment process Article VI – supremacy clause national government is supreme to the governments of the states Article VII -- ratification

SLAVERY & THE CONSTITUTION Three-fifths compromise – resolved the issue of representation in the House Rule reflected the view that slaves were less efficient producers of wealth than free people Gave the South 47% of the House seats Delegates agreed to not ban the slave trade for 20 years Fugitive slaves were to be returned to their master

FORESHADOWING... Every master of slaves is born a petty tyrant. [Slaves] bring the judgment of heaven on a Country. As nations can not be rewarded or punished in the next world they must be in this. By an inevitable chain of causes & effects, providence punishes national sins, by national calamities. -- George Mason

SELLING THE CONSTITUTION: THE FEDERALIST PAPERS 85 essays written primarily by James Madison and Alexander Hamilton that gave arguments supporting ratification

WHAT ABOUT THE ANTIFEDERALISTS? National government would be distant from the people Strong national government would use powers to limit state functions Needed more restrictions on the national government

WHERE WAS A BILL OF RIGHTS? Many prominent citizens were displeased that the Constitution did not include a Bill of Rights HAMILTON: there is no way to list all citizens’ rights; a partial list would leave those omitted rights vulnerable to government abuse Most states already had a Bill of Rights Constitution intended to limit the power of the federal government

CONSTITUTIONAL GUARANTEES WITHOUT A BILL OF RIGHTS Habeas corpus – cannot be held without cause No bill of attainder – no punishment without a trial No ex post facto law – acts cannot be made illegal after the fact Trial by jury in criminal cases Citizens of each state guaranteed the privileges and immunities of citizens of every other state No religious test for federal office