1. Chapter 2
The Constitution

2. Ch 2 topics: Historical background Structure of New Government
Overview of Articles
Ratification debate
Bill of Rights
Amending the Constitution

3. Early Steps towards a new Government
 Colonies band together to combat British taxes and restrictions
French and Indian War caused
Need for $$: so taxation
Proclamation of 1763
Stamp Act Congress
List of grievances to the King
King responds with Coercive Acts (known as the “Intolerable Acts”)

4. Proclamation of 1763

5. The First Continental Congress
Met in Philadelphia 1774
Declaration of Rights and Resolves
Attempted compromise with King
If King did not respond, meet again in 1775

6. The Second Continental Congress
Fighting broke out before Congress met
Olive Branch Petition: King refused
Declaration of Independence 1776
Articles of Confederation outlined the powers of the Congress

7. The Declaration of Independence 1776
Thomas Jefferson wrote
Based on John Locke’s ideas
“Life, Liberty, Property” becomes “Life, Liberty and Pursuit of Happiness”
Legitimacy of government rests on consent of the governed
Government that is abusive should be changed
12 of 13 colonies vote for (NY abstained)

8. Articles of Confederation
Compact among the 13 states
Written in 1776; ratified in 1781 (during the war)
Created a national Congress to
Appoint officers for an army
Make peace
Control the post office
Negotiate with Indian tribes
Each state is sovereign
One vote per state in Congress

9. Problems Under the Articles
Lack of national sentiment; little unity
Government too limited
No executive
No judicial system
Congress rarely could assemble quorum
Chaotic regulation of trade with foreign nations (each state had different laws)
No power to tax
No military

10. Review Looser associations Need for stronger gov’t Stamp Act Congress
First Continental Congress
Second Cont Congress
Articles of Confederation
Need for stronger gov’t
Defense/Stability
Foreign relations
Organization: president, judiciary
$$: tax

11. Constitutional Convention, 1787
The Framers:
55 delegates
All were men
Many were young
17 owned slaves

12. The Virginia and New Jersey Plans
Virginia Plan
Powerful central government
Three branches
Legislative
Executive
Judicial
Two House Legislature
One house directly elected
Other: nominated by state legislatures
Based on population
A legislature with power to select the executive and judiciary
New Jersey Plan
Strengthening the Articles, not replacing them
Creating a one-house legislature with one vote for each state with representatives chosen by state legislatures
Creating a Supreme Court appointed for life by the executive officer

13. Compromises Great Compromise Slavery Compromises:
One house of legislature:
directly elected by people
Based on population
Second house:
each state an equal vote
reps selected by the state legislatures
National power would be supreme
Slavery Compromises:
Three-Fifths Compromise:
Slaves are 3/5 of a person
Assured South nearly half the House
Slave trade guaranteed for 20 more years at least

14. The U.S. Constitution: Basic Principles
Separation of Powers
Divides power among three branches
Selected by and responsible to different constituencies
Checks and Balances
Each branch has some oversight and control over others
Federal System
government in which power is divided between
the national government and
the state governments
All states are all part of a national gov’t

15. Figure 2.2- Separation of Powers

16. The Articles of the Constitution
Article I: The Legislative Branch
Structure, terms, selection, apportionment
Enumerated powers – 17 specific powers
Necessary and Proper Clause
Basis for implied powers

17. Article II: Executive Branch
President with a four-year term.
Qualifications for and removal from office.
Lists powers of the office.
Commander in chief, treaties, appointments.
Sets out State of the Union Address.

18. Article III: Judicial Branch
Establishes only a Supreme Court.
Sets boundaries of Supreme Court’s jurisdiction.
Gives Congress the power to establish lower courts.

19. The Articles of the Constitution
Articles IV Through VII
Relations between national government and the states
V: Amendment procedure
Article VI: the Supremacy Clause.
Provides that the “Constitution, and the laws of the United States” as well as all treaties are to be the supreme law of the land.
Also no religious test shall be required for holding office.

20. Ratification Debate Federalists Anti-Federalists
Favored a stronger national government
supported the Constitution
Later became the first political party in the U.S.
Anti-Federalists
Favored strong state governments and a weak national government
Opposed the ratification of the U.S. Constitution

21. Anti-Federalists Feared a strong central government would abuse
States’ power
Personal liberties
Wanted to limit taxing power of Congress
Wanted a state militia instead of a national military
Bill of Rights to the states for ratification in September 1789 to address their concerns

22. The Federalist Papers
Series of 85 political articles written by John Jay (5), Alexander Hamilton (51), and James Madison (26)
Printed in Newspapers
Supported the ratification of the Constitution

23. Table 2.2- Federalists and Anti-Federalists
Back

24. Amending the Constitution: The Bill of Rights
First ten amendments to the U.S. Constitution
Specific protections of personal rights
Freedom of expression, speech, religion, and assembly
Right to bear arms and no quartering of soldiers responses to British rule
Ninth Amendment: enumerated rights are not all inclusive
Tenth Amendment: powers not given to the national government are reserved by the states or the people

25. Figure 2.3- Amending the Constitution

26. Informal Amendment Judicial interpretation.
Social and cultural change.