1. Chapter Three: The Constitution

2. Copyright © Houghton Mifflin Company. All rights reserved.3 | 2 The Revolutionary Roots of the Constitution Characteristics of the U.S. Constitution –Just 4,300 words long –Divides the national government into three branches –Describes the powers of those branches and their connections –Outlines the interaction between the government and the governed –Describes the relationship between the national government and the states –It is the supreme law of the land.

3. Copyright © Houghton Mifflin Company. All rights reserved.3 | 3 The Revolutionary Roots of the Constitution American colonists in the 18 th century enjoyed a degree of freedom denied most people around the world, but at a high cost. Thomas Jefferson took the first official step toward revolution and independence by patterning the Declaration of Independence after John Locke’s writings. A republic was fashioned; a republic is a government rooted in the consent of the governed, whose power is exercised by elected representatives who are responsible to them.

4. Copyright © Houghton Mifflin Company. All rights reserved.3 | 4 From Revolution to Confederation The Articles of Confederation created a confederation: a loose association of independent states that agree to cooperate on specified matters. –Each state has supreme power within its borders –The central government is weak

5. Copyright © Houghton Mifflin Company. All rights reserved.3 | 5 From Revolution to Confederation The Articles of Confederation failed because: –The national government had no power to tax, –There was no independent leadership position to direct the government, –The national government could not regulate interstate and foreign commerce, and –The Articles of Confederation could not be amended without the unanimous agreement of the congress and assent of all state legislatures.

6. Copyright © Houghton Mifflin Company. All rights reserved.3 | 6 From Confederation to Constitution A convention was convened to revise the Articles in Philadelphia in 1787 –12 of the 13 states sent delegates –Almost immediately, they began to work on a new document

7. Copyright © Houghton Mifflin Company. All rights reserved.3 | 7 From Confederation to Constitution Virginia Plan provisions : –Three separate branches of government: legislative, executive, and judicial –A two-house legislature, the lower house chosen by popular election, and the upper house chosen from candidates nominated by state legislatures –Each state’s representation in the lower house would be determined in proportion to the taxes it paid to the national government or in proportion to its free population –An executive, consisting of an unspecified number of people, be selected by the legislature and serve for a single term –The national judiciary should include one or more supreme courts and other lower courts, with judges appointed for life by the legislature –The executive and a number of national judges would serve as a council of revision, to approve or veto legislative acts, subject to override by a vote of both houses of the legislature –The scope of powers of all three branches be far greater than the previous powers under the Articles of Confederation and that the legislature be empowered to override state laws

8. Copyright © Houghton Mifflin Company. All rights reserved.3 | 8 From Confederation to Constitution New Jersey Plan provisions: –A single-chamber legislature has the power to raise revenue and regulate commerce –That the states have equal representation in the legislature and choose its members –A multiperson executive be elected by the legislature, with powers similar to those in the Virginia Plan, but without the right to veto legislation –That a supreme tribunal be created, with limited jurisdiction (no national court system) –The acts of the legislature be binding on the states with the option of force to compel obedience

9. Copyright © Houghton Mifflin Company. All rights reserved.3 | 9 From Confederation to Constitution The Great Compromise: –A bicameral legislature –The House of Representatives is apportioned according to population –The states are represented equally in the Senate –Compromise on the Presidency Delegates rejected the idea of popular election Created the electoral college: a body of electors chosen by voters to cast ballots for president and vice president Involved both the legislature and the judiciary in the presidential removal process, and demanded an extraordinary majority vote to remove the executive

10. Copyright © Houghton Mifflin Company. All rights reserved.3 | 10 The Final Product The basic principles establishing a revolutionary new political order were: –Republicanism: a form of government in which power resides in the people and is exercised by their elected representatives –Federalism: a form of government dividing power between a central government and regional units –Separation of Powers: assignment of the lawmaking, law- enforcing, and law-interpreting functions of government to independent legislative, executive, and judicial branches –Checks and Balances: a means of giving each branch of government some scrutiny of and control over the other branches

11. Copyright © Houghton Mifflin Company. All rights reserved.3 | 11 Separation of Powers and Checks and Balances

12. Copyright © Houghton Mifflin Company. All rights reserved.3 | 12 The Final Product Article I: The Legislative Article –Article I, Section 8 establishes the principle of enumerated powers in which Congress may exercise only the powers that the Constitution assigns to it by the “necessary and proper clause.” –The last clause of Article I, Section 8, the “necessary and proper clause,” also establishes Congress’ implied powers—powers that Congress needs to execute its enumerated powers.

13. Copyright © Houghton Mifflin Company. All rights reserved.3 | 13 The Final Product Article II: The Executive Article –Establishes the president’s term of office –Establishes the procedure for electing the president through the electoral college –Describes the qualifications for becoming president, –Defines the president’s duties and powers.

14. Copyright © Houghton Mifflin Company. All rights reserved.3 | 14 The Constitution and the Electoral Process

15. Copyright © Houghton Mifflin Company. All rights reserved.3 | 15 The Final Product Article III, the Judicial Article –Left purposely vague due to disagreement over its provisions –Congress established a system of federal courts, separate from state courts –Article III does not explicitly give the courts the power of judicial review or authorize the court to invalidate congressional or presidential actions

16. Copyright © Houghton Mifflin Company. All rights reserved.3 | 16 The Final Product Article IV –Requires that the judicial acts and criminal warrants of each state be honored in all other states, –Forbids discrimination against citizens of one state by another state –Allows the addition of new states –Stipulates that the national government will protect the states against foreign invasion and domestic violence

17. Copyright © Houghton Mifflin Company. All rights reserved.3 | 17 The Final Product Article V specifies the method for amending the Constitution Article VI, known as the supremacy clause, asserts that when they conflict with state or local laws, the Constitution, national laws and treaties take precedence Article VII describes the ratification process, stipulating that approval by conventions in nine states would be necessary for the Constitution to take effect

18. Copyright © Houghton Mifflin Company. All rights reserved.3 | 18 The Final Product The Framers’ Motives –Some argue that the Constitution was written by wealthy men to advance their own interests –Research has shown that government was not created to protect the wealth of the founders –Single most important issue: inability of national or state governments to maintain order under the Articles of Confederation

19. Copyright © Houghton Mifflin Company. All rights reserved.3 | 19 The Final Product The Slavery Issue –Question could not have been resolved at the Constitutional Convention –Came to the surface in the debate on representation in the House –Another relevant issue: the slave trade – decision: it would not be ended before 20 years had elapsed –The founders essentially condoned slavery without mentioning it by name Many of them agonized over it, but few did anything – they expected it to “wither away” They were unable to transcend the limitations of the age in which they lived

20. Copyright © Houghton Mifflin Company. All rights reserved.3 | 20 Selling the Constitution Federalists and Anti-federalists debated the merits of the new Constitution, as evidenced by the writings contained in the Federalist papers The Bill of Rights emerged as a concession to gain the required number of votes needed for passage –The first ten amendments to the federal constitution –Restrain the national government from tampering with fundamental rights and civil liberties –Emphasize the limited character of the national government’s power

21. Copyright © Houghton Mifflin Company. All rights reserved.3 | 21 Constitutional Change The Formal Amendment Process –Requires a two-stage process, proposal and ratification –Both are necessary for an amendment to become part of the Constitution. Interpretations of the Constitution by the courts and political practice have also influenced the meaning and application of provisions of the Constitution.

22. Copyright © Houghton Mifflin Company. All rights reserved.3 | 22 Amending the Constitution

23. Copyright © Houghton Mifflin Company. All rights reserved.3 | 23 An Evaluation of the Constitution Constitution lays out a structural framework for government; is very general Freedom, Order, & Equality in the Constitution Provides a judicious balance between order and freedom Pays virtually no attention to equality Social equality is implicitly addressed in the 16 th Amendment, permitting national income tax Political equality is addressed in 14 th, 15 th, 19 th, 23 rd, 24 th, 26 th and 28 th Amendments