1. THE CONSTITUTION

2. The purpose of this chapter is to introduce you to the historical context within which the United States Constitution was written.

3. THE POLITICAL PHILOSOPHY OF THE FOUNDERS
THEME A
THE POLITICAL PHILOSOPHY OF THE FOUNDERS
Feared a strong government AND the majority
”Natural Rights.” - Life, liberty and property

4. The "real" revolution
The "real" revolution was the radical change in belief about what made authority legitimate and liberties secure.
Government by consent, not by prerogative
Direct grant of power: written constitution
Human liberty before government
Legislature superior to executive branch

5. THEME B: THE CONSTITUTIONAL CONVENTION
The Weakness of the Articles of Confederation
The Virginia Plan
The New Jersey Plan
The “Great Compromise”

6. The Constitutional Convention
The Framers (55) attending: men of practical affairs, including Continental army veterans and members of the Congress of the Confederation
An entirely new constitution was written, although gathering was authorized only to revise Articles
Primary concern was with defense of liberty as a natural right (Lockean reasoning)

7. Weaknesses of the confederation
Could not levy taxes or regulate commerce
Sovereignty, independence retained by states
One vote in Congress for each state
Nine of thirteen votes in Congress required for any measure
Delegates picked, paid for by legislatures
Little money coined by Congress
Army small; dependent on state militias
Territorial disputes between states
No national judicial system
All thirteen states' consent necessary for any amendments

8. THE MOTIVES OF THE FOUNDERS
THEME C:
THE MOTIVES OF THE FOUNDERS
Economic Interests at the Convention
Economic Interests and Ratification
The Constitution and Equality
Separation of Powers and Federalism
Need for a “Bill of Rights”

9. The Framers Who came: men of practical affairs Who did not come
Intent to write an entirely new constitution
Lockean influence
Doubts that popular consent could guarantee liberty
Results: "a delicate problem"; need strong government for order but one that would not threaten liberty
Democracy of that day not the solution
Aristocracy not a solution either
Government with constitutional limits no guarantee against tyranny

10. The Antifederalist View
Liberty could be secure only in small republics
Nation needed, at best, a loose confederation of states with most of the power wielded by the state legislatures
If there was a strong national government, there should be many more restrictions on it

11. Federalist Papers 10 and 51
Coalitions were more likely to be moderate because they would represent a diversity of interests
Governments should be somewhat distant from the passions of the people
No bill of rights was necessary

12. The Virginia Plan Design for a true national government
Two houses in legislature
Executive chosen by legislature
Council of revision with veto power
Two key features of the plan
National legislature with supreme powers
One house elected directly by the people

13. The New Jersey Plan Sought to amend rather than replace the Articles
Proposed one vote per state
Protected small states' interests

14. The compromise House of Representatives based on population
Senate of two members per state
Reconciled interests of big and small states

15. Key principles
Separation of powers
Federalism

16. Reasons for the absence of a bill of rights
Several guarantees in Constitution
Habeas corpus
No bill of attainder
No ex post facto law
Trial by jury
Privileges and immunities
No religious tests
Obligation of contracts
Most states had bills of rights.
Intent to limit federal government to specific powers

17. Need for a bill of rights
Ratification impossible without one
Promise by key leaders to obtain one
Bitter ratification narrowly successful

18. The motives of the Framers
Acted out of a mixture of motives; economic interests played modest role
Economic interests of framers varied widely
Economic interests of Framers varied widely
Beard: those who owned governmental debt supported Constitution
However, no clear division along class lines found
Recent research: state considerations outweighed personal considerations; exception: slaveholders

19. Madison's Federalist No. 10
Personal liberty safest in large ("extended") republics
Coalitions likely more moderate there
Government should be somewhat distant to be insulated from passions

20. CONSTITUTIONAL REFORM ‑ MODERN VIEWS
THEME D
CONSTITUTIONAL REFORM ‑ MODERN VIEWS
Reducing the Separation of Powers
Making the System Less Democratic

21. Constitutional reform--modern views
Reducing the separation of powers to enhance national leadership
Urgent problems remain unresolved
President should be more powerful, accountable, to produce better policies
Government agencies exposed to undue interference
Proposals
Choose cabinet members from Congress
Allow president to dissolve Congress
Empower Congress to require special presidential election
Require presidential/congressional terms
Establish single six-year term for president
Lengthen terms in House to four years

22. Making the system less democratic
Government does too much, not too little
Attention to individual wants over general preferences
Proposals
Limit amount of taxes collectible
Require a balanced budget
Grant president a true line-item veto
Narrow authority of federal courts

23. Who is right? Crucial questions
How well has it worked in comparison with other
How well has it worked in history?

24. Key Principles of Government
Founders did not intent to create a direct democracy
Popular rule only in House of Representatives
Separation of Powers: between branches
Federalism: power divided between national and state governments

25. Three Categories of Powers
Enumerated powers: given to national government exclusively; include power to print money, declare war, make treaties, conduct foreign affairs
Reserved powers: given to states exclusively; include power to issue licenses and to regulate commerce wholly within a state
Concurrent powers: shared by both national and state governments; include collecting taxes, building roads, borrowing money, having courts

26. Map 2.2: Ratification of the Federal Constitution by State Conventions, 1787-1790

27. The Constitution and Slavery
House of Representatives Apportionment: 3/5 Compromise
Congress could not prohibit slave trade before 1808
Fugitive Slave Clause

28. Suggestions for Constitutional Reform
Reduce separation of powers to enhance national leadership
Make the system less democratic
Questions to consider
How well has it worked in history?
How well has it worked in comparison with other democratic nations?

29. PARTS OF THE CONSTITUTION
ARTICLE I ‑ LEGISLATIVE
ARTICLE II ‑ EXECUTIVE
ARTICLE III ‑ JUDICIAL

30. ARTICLE IV ‑ STATES RIGHTS
ARTICLE V ‑ AMENDING THE CONSTITUTION

31. ARTICLE VI
ASSUMPTION OF DEBT, SUPREMACY CLAUSE AND NO RELIGIOUS TEST
ARTICLE VII
RATIFICATION OF THE CONSTITUTION

34. The Bill of Rights
Amendments
AMENDMENT 1
FREEDOM OF RELIGION
SPEECH, PRESS, ASSEMBLY

35. THE MILITIA AND THE RIGHT TO BEAR ARMS
AMENDMENT 2
THE MILITIA AND THE RIGHT TO BEAR ARMS
AMENDMENT 3 QUARTERING OF TROOPS IN PRIVATE HOMES

36. UNREASONABLE SEARCH AND SEIZURE
AMENDMENT 4
UNREASONABLE SEARCH AND SEIZURE
AMENDMENT 5
DUE PROCESS

37. BAIL, CRUEL AND UNUSUAL PUNISHMENT
AMENDMENT 6
RIGHTS WHEN ON TRIAL
AMENDMENT 7
COMMON ‑ LAW SUITS
AMENDMENT 8
BAIL, CRUEL AND UNUSUAL PUNISHMENT

38. UNENUMERATED RIGHTS PROTECTED
AMENDMENT 9
UNENUMERATED RIGHTS PROTECTED
Right to privacy interpreted to be under this amendment. Madison felt that this was the most important amendment because it would cover forgotten rights.

39. POWERS RESERVED TO THE STATES
AMENDMENT 10
POWERS RESERVED TO THE STATES

40. AMENDMENT 11
LIMITS ON SUITS AGAINST STATES
AMENDMENT 12
REVISION OF ELECTORAL COLLEGE PROCEDURE

41. EX‑SLAVES MADE CITIZENS DUE PROCESS EXTENDED TO STATES
AMENDMENT 13
SLAVERY PROHIBITED
AMENDMENT 14
EX‑SLAVES MADE CITIZENS
DUE PROCESS EXTENDED TO STATES
AMENDMENT 15
BLACKS GIVEN RIGHT TO VOTE

42. POPULAR ELECTION OF SENATORS
AMENDMENT 16
FEDERAL INCOME TAX
AMENDMENT 17
POPULAR ELECTION OF SENATORS

43. AMENDMENT 18
PROHIBITION
AMENDMENT 19
WOMEN'S SUFFRAGE

44. FEDERAL TERMS OF OFFICE TO BEGIN IN JANUARY
AMENDMENT 20
FEDERAL TERMS OF OFFICE TO BEGIN IN JANUARY
AMENDMENT 21
REPEALED PROHIBITION

45. PRESIDENT LIMITED TO TWO TERMS
AMENDMENT 22
PRESIDENT LIMITED TO TWO TERMS
AMENDMENT 23
D.C. GIVEN VOTING RIGHTS

46. PRESIDENTIAL DISABILITY
AMENDMENT 24
POLL TAX OUTLAWED
AMENDMENT 25
PRESIDENTIAL DISABILITY

47. INCREASE IN CONGRESSIONAL SALARIES PROHIBITED DURING TERM
AMENDMENT 26
VOTING AGE LOWERED TO 18
AMENDMENT 27
INCREASE IN CONGRESSIONAL SALARIES PROHIBITED DURING TERM

49. Ratification of the Federal Constitution by State Conventions, 1787-1790

50. Self-Test

51. For more information about this topic, link to the Metropolitan Community College Political Science Web Site