1. CHAPTER 3
The Constitution

2. SECTION 1
The Nation’s First Governments

3. Early State Constitutions
New Hampshire was the FIRST colony to ORGANIZE as a state and craft a written plan for government, or constitution.
Other states formed similar systems of government.
Most state legislatures were BICAMERAL–DIVIDED into two parts, or houses.
Members of the two houses were CHOSEN by different METHODS.

4. Well, It’s a Start
Each state had an elected GOVERNOR to carry out the laws and JUDGES and courts to INTERPRET the laws.
Most state CONSTITUTIONS included a bill of rights.

5. Things are Different in Boston
The Massachusetts constitution was DIFFERENT from the others.
It distributed POWER more EVENLY among the legislature, governor, and courts.
It gave the governor and the courts the authority to CHECK the legislature.
The constitution itself was not created by the legislature but by a convention of elected delegates.
Approved by a vote by its citizens
The Massachusetts constitution would later become the MODEL for the U.S. Constitution.

6. The Articles of Confederation
SEPARATELY, the states could not MAINTAIN a large army to fight the BRITISH.
For this and other reasons, the Second Continental Congress made a PLAN FOR UNION called the Articles of Confederation.
A confederation is a group of INDIVIDUALS who band together for a COMMON PURPOSE.

7. A Congress Without Power
Congress could NOT REQUIRE the states to give money or do anything else.
As a result of bad experiences with the British government, the STATES refused to give CONGRESS the power to TAX or to ENFORCE its laws.
The Articles set up a one-house LEGISLATURE.

8. An Inefficient Government
The states RATIFIED, or approved, the Articles.
Soon, serious PROBLEMS became clear.
Strict voting REQUIREMENTS to pass laws or amend (change) the Articles made it difficult for Congress to ACCOMPLISH anything.
Even when it passed laws, Congress could NOT ENFORCE them.
States could just IGNORE the laws.

9. Sound Familiar?
The Treaty of Paris was SIGNED in 1783, ENDING the Revolutionary War.
Unable to collect taxes, Congress had BORROWED to pay for the war.
The states had also run up DEEP DEBTS.
To pay their debts, the states OVERTAXED their citizens and even taxed goods from other states and foreign countries.
The Confederation Congress had no POWER to SOLVE these problems.

10. One Man Can Make a Difference
Daniel Shays, an indebted FARMER, felt the state had no right to take his farm away because of a PROBLEM the STATE had CREATED.
He led an UPRISING, known as Shays' Rebellion.
Sparked by debt due to heavy state taxes
Armed attack on a federal arsenal
This unrest swayed leaders toward revising the Articles of Confederation to create a stronger NATIONAL government.

11. SECTION 2
The Road to the Constitution

12. The Philadelphia Convention
The CONGRESS asked each state to send delegates to PHILADELPHIA to fix the problems with the Articles of Confederation.
Constitutional Convention began in Philadelphia’s INDEPENDENCE Hall in 1787.
Each state except RHODE ISLAND sent delegates to Philadelphia to fix the flaws in the Articles of Confederation.
Most of the 55 men were WELL-EDUCATED and experienced in politics.
Native Americans, African Americans, and women were NOT INCLUDED.

13. A Distinguished Gathering
Benjamin Franklin was the OLDEST delegate at 81.
He was a diplomat, writer, inventor, and scientist.
Two delegates–George WASHINGTON and James MADISON – would later become PRESIDENTS.

14. Meet the Delegates 55 in all Benjamin Franklin as the oldest delegate
George Washington and James Madison as future presidents

15. Who Wasn’t There Thomas Jefferson and John Adams could NOT attend.
They were in EUROPE as representatives of the United States GOVERNMENT.
PATRICK HENRY opposed the convention and did not attend.

16. Early Decisions The delegates CHOSE George Washington to PRESIDE.
Washington chose a COMMITTEE to set RULES for conducting the convention.
The committee decided that decisions would be made by MAJORITY vote, with each state having ONE vote.
Delegates agreed to keep all discussions SECRET to enable all to speak FREELY.

17. Important Decisions Made by the Delegates
No formal RECORDS were KEPT.
Most of what we know comes from James Madison’s PERSONAL notebook of events.
The delegates decided to DISCARD the Articles of Confederation and WRITE a new constitution.
Created a new constitution, thus the meeting came to be known as the CONSTITUTIONAL CONVENTION.
meeting of state delegates in 1787 leading to adoption of new Constitution

18. Two Opposing Plans Creating the Constitution
The Constitution was the result of a series of COMPROMISES that combined the best ideas of DIFFERENT plans.
The Virginia Plan
The New Jersey Plan

19. The Virginia Plan James Madison designed the Virginia Plan.
It called for a government with THREE branches: the legislative branch (LAWMAKERS), executive branch (to CARRY out the laws), and judicial branch (a system of courts to INTERPRET and apply the laws).
The legislature would have TWO houses, with the states represented by basis of population in each.
Called for a government SIMILAR to the one we have today
Favored by LARGER states
The small states feared a government DOMINATED by large states would ignore their interests.

20. The New Jersey Plan
The New Jersey Plan also called for THREE branches of government.
The legislature would have ONE house and each state would get ONE vote.
Equal REPRESENTATION and equal VOTES
This plan would give equal POWER to large and small states.
Favored by SMALLER states

21. Constitutional Compromises
Roger SHERMAN’S committee proposed a Senate and a House of Representatives.
Each state would have EQUAL representation in the SENATE. Representation in the HOUSE would be based on POPULATION.
The delegates accepted this GREAT COMPROMISE.
Roger Sherman

22. The Great Compromise

23. Constitutional Compromises
Southern states wanted to count ENSLAVED African Americans as part of their POPULATION in determining representation in the House.
Northern states OPPOSED this plan.
In the THREE-FIFTHS COMPROMISE, delegates agreed that every five enslaved persons would count as three free persons for determining congressional representation and figuring TAXES.
1 enslaved person = 3/5th of a free person

24. Constitutional Compromises
Northern states wanted Congress to be able to regulate FOREIGN trade and trade between the STATES.
Southern states feared Congress would then tax their EXPORTS and stop the SLAVE trade.
They agreed to give Congress the power to regulate trade, but it could not tax exports or INTERFERE with the slave trade BEFORE 1808.

25. Constitutional Compromises
Delegates DISAGREED on whether Congress or the voters should CHOOSE the president.
The solution was the ELECTORAL COLLEGE, a group of people named by each state legislature to SELECT the president and vice president.
Today, the VOTERS in each state, not the legislators, choose electors.

26. Approving the Constitution
RATIFICATION required at least 9 of 13 state conventions to vote “yes.”
SUPPORTERS of the constitution called themselves FEDERALISTS to emphasize that the Constitution would create a system of FEDERALISM, a form of government in which power is divided between the federal, or national, government and the states.
Federalists argued for a STRONG central government.

27. Approving the Constitution
Opponents, the ANTI-FEDERALISTS, wanted more power for the STATES and less for the NATIONAL government.
They also wanted a bill of RIGHTS to protect INDIVIDUAL freedoms.

28. Approving the Constitution
BOTH agreed to add a bill of rights. This promise TURNED the tide.
The Constitution took effect when NEW HAMPSHIRE became the NINTH state to ratify it.

29. SECTION 3
The Structure of Our Constitution

30. The Constitution and Its Parts
The main purpose of the Constitution is to provide a FRAMEWORK for government, but it is also the highest AUTHORITY in the nation.
The POWERS of all BRANCHES come from it. It has three main parts: the Preamble, seven articles, and amendments.

31. The Preamble The Preamble states the GOALS and PURPOSES of government.
The first part makes clear that government gets its power from the PEOPLE and exists to SERVE them.

32. The Preamble The Preamble states SIX purposes of government:
“To form a more perfect UNION”
“To establish JUSTICE”
“To insure DOMESTIC Tranquility”
“To provide for the common DEFENSE”
“To promote the general WELFARE”
“To secure the Blessings of LIBERTY to ourselves and our Posterity”

33. The Articles The articles explain how GOVERNMENT is to work.
The first THREE articles describe the powers and responsibilities of the three BRANCHES of government.

34. Article I Creates a two-house LEGISLATIVE branch (bicameral) Senate
House of Representatives
Outlines the DUTIES of the Congress in making laws
It then describes how MEMBERS will be chosen.
The article also lists SPECIFIC POWERS Congress does and does not have.

35. Article II
Establishes the EXECUTIVE, or law-enforcing, branch headed by a president and vice president.
President carries out and ENFORCES the LAWS made in Congress
It explains how these LEADERS will be elected and can be REMOVED and describes their powers and duties.

36. Article III
Establishes the JUDICIAL branch to INTERPRET and apply the laws.
It calls for one SUPREME COURT plus lower courts and describes the powers of federal courts.

37. Articles IV-VII
Explains RELATIONSHIP between state and national government
Article IV says that all states must RESPECT one another’s laws and explains the process of CREATING new states.
Article V specifies how the Constitution can be AMENDED.
Article VI declares that the Constitution is the “supreme Law of the Land” and FEDERAL law PREVAILS over state law.
Article VII states that the Constitution would take effect when NINE states RATIFY it.

38. Amending the Constitution
The Constitution can be changed or amended to adapt to the country’s changing NEEDS, but amending it is a DIFFICULT process.
The FRAMERS made sure that the Constitution could not be altered without overwhelming support of the PEOPLE.
An amendment is any CHANGE to the Constitution.

39. The Amendments Only 27 AMENDMENTS have become LAW.
10,000 Amendments have been PROPOSED since 1789, with 33 SENT to the states
Last major issue – Amendment to BAN GAY marriage

40. The Amendments The first 10 amendments are the BILL of RIGHTS.
Amendments in safeguarding FREEDOMS
The 16th Amendment allows Congress to collect an INCOME tax–a tax on people’s EARNINGS.
13th-15th Amendments are known as the CIVIL RIGHTS Amendments (no slavery, no denial of vote)

41. The Amendments
PROHIBITION only amendment REPEALED (18th - 21st)

43. The Amendment Process The amendment PROCESS involves two steps:
Proposal Ratification
An amendment may be proposed by a vote of TWO-THIRDS of both houses of CONGRESS or by a national CONVENTION requested by two-thirds of the state legislatures.
Once proposed, an amendment must be RATIFIED by THREE-FOURTHS of the states.
The states can do this by a vote of either the state legislature or a special state convention.

44. Interpreting the Constitution
The Constitution is a GENERAL document and open to INTERPRETATION.
Article I gives Congress the power “to make all Laws which shall be NECESSARY and PROPER” to carry out its duties.
This necessary and proper clause allows Congress to exercise IMPLIED powers NOT specifically listed in the Constitution.

46. Interpretations Vary
Americans DISAGREE on what laws are “necessary and proper.”
LOOSE interpreters believe Congress can make ANY laws not specifically FORBIDDEN.
STRICT interpreters believe Congress can make ONLY the kinds of laws MENTIONED by the Constitution.
The Supreme Court has the FINAL AUTHORITY on interpreting the Constitution.
Each new interpretation, whether strict or loose, CHANGES our government.

47. Interpretations Changed by Action
ACTIONS by Congress and the president have also caused new INTERPRETATIONS.
For example, the president REQUESTS legislation from CONGRESS.
This action is not directed by the CONSTITUTION.
CUSTOM also changes the interpretation of the Constitution.
For example, POLITICAL PARTIES, not mentioned in the Constitution, are part of today’s political system.

48. SECTION 4
Principles Underlying the Constitution

49. Major Principles of Government
The FRAMERS had a common vision for the GOVERNMENT:
It should be representative of the people and LIMITED in scope.
Power should be DIVIDED among DIFFERENT levels.

50. Five fundamental principles of government:
To achieve these ends, the Framers embraced FIVE principles as the backbone of the CONSTITUTION.
Five fundamental principles of government:
POPULAR sovereignty
The RULE of law
Separation of POWERS
CHECKS and balances
Federalism
Independence Hall – Philadelphia, PA

51. Popular Sovereignty
ARTICLE IV guarantees a republic, in which SUPREME power belongs to the PEOPLE (popular sovereignty).
The PEOPLE express their will through elected REPRESENTATIVES.
Provisions, such as those about the right to VOTE, ensure popular sovereignty.

52. Rule of Law
The Framers believed the government should be STRONG but not too strong.
The Constitution sets LIMITS by stating what government may and may not do.
Government is also limited by the RULE of law.
This means that the law applies to EVERYONE, even those who GOVERN.

53. Separation of Powers
To keep any one person or group from becoming too powerful, the Framers DIVIDED government into THREE branches with different functions.
This split of authority among the legislative, executive, and judicial branches is called the SEPARATION of POWERS.
Idea influenced by FRENCH philosopher Baron de Montesquieu
He believed the best way to protect the liberty of the people was to clearly separate the legislative, executive, and judicial functions and assign each to a separate governmental branch.

54. Checks and Balances
Checks and balances keep any ONE branch from becoming too POWERFUL.
Each branch can check, or RESTRAIN, the power of the others.
For example, the president can VETO laws, Congress can block presidential appointments, and the Supreme Court can overturn laws it finds CONTRARY to the Constitution (Unconstitutional).

55. The Principle of Federalism
Under federalism, power is SHARED by the national government and the states.
Americans must OBEY the laws of BOTH.
Enumerated or EXPRESSED (delegated) powers are powers the Constitution SPECIFICALLY grants to the national government.
Powers not given to the national government are RESERVED powers kept by the STATES.
Powers that BOTH levels of government can exercise are CONCURRENT powers.

57. Supremacy Clause
Found in Article VI, the SUPREMACY clause states that the Constitution and the laws of the NATIONAL government are the “supreme law of the land.” In any conflict between national law and state law, the national law has the HIGHER authority.
National government or state governments CANNOT VIOLATE the Constitution
The Constitution is both DURABLE and ADAPTABLE.
It provides the government sufficient power to keep order, protect, and defend, yet sets LIMITS to avoid TYRANNY.