After the Convention

The Struggle for Ratification, Rights, and Unwritten Powers

Central Authority LibertyAnd Regional Power

1

Colonies prior before 1750’s

2

Colonies After 1750’s

Revolution

3

Articles of Confederation

Shays

4

Constitution

The ratification process

9 out of the 13 states had to approve for the Constitution to become the new plan of government.The Delegates first signed the Constitution and next took it to the current Congress.

Next, the delegates with the endorsement of the Congress took it to their state legislatures.

The Big Debate was between the Federalist and the Anti-Federalist.

Many states took a long time to debate the Constitution and some refused to sign the Constitution without an amendment process or a Bill of Rights.

Delaware was the first state to sign, followed by PA.

Federalist vs Anti-Federalist, the first political parties

The FederalistSupported Ratifying the Constitution.Lead by Alexander Hamilton, John Jay, James Madison

Wrote the Federalist papers, meant to inform public about the Constitution, now regarded as legal arguments by the founders.

The Anti-FederalistWere against ratifying the Constitution, they felt it gave the states and people too little power.Lead by Samuel Adams and Patrick HenryThey wrote the Anti-Federalist papersTheir pressure lead to the creation of the Bill of Rights and the formal Amendment process.The Federalist and Anti-Federalist were

the first examples of what political tradition?

Bill of Rights1st 10 Amendments

Meant to protect the rights of the people and the states1. Freedom Expression

2. Right bear arms3. Quartering troops

Ratified December 15th, 1791

4. No unreasonable search and seizures

5. Due process

6. Rights of the accused 7. Right to a trial by jury8. No cruel and unusual punishment, or excessive bails

9. No denying of rights10. Powers reserved

How is life, liberty, and the pursuit of happiness reflected in the Bill of Rights?

Can you name or describe any other famous amendments?

Amendment Process

National level States level

Proposal Ratify

2/3 vote from each house of

Congress

A National Convention

called by 2/3 of State

legislatures

3 / 4 of state legislatures

3 / 4 of state conventions

(26/27)

(1/27)

How does the Amendment process reflect the constitutional principle of Federalism?

And a fear of a simple majority?

Even though there are only 27 formal changes and only 10 structural changes, how else has the Constitution been changed?

Central Authority LibertyAnd Regional Power

1

Colonies prior before 1750’s

2

Colonies After 1750’s

Revolution

3

Articles of Confederation

Shays

4

Constitution

Bill of Rights

5

How do informal changes move the Pendulum?

Informal Changes and increases in Power

Increases in National Power!!!!

Unwritten PowersNational

GovernmentState GovernmentVS

Power given= expressed powers Article I section 8,

#’s 1-18

Power given= Article I section 9, power denied to

national governmentWhat about unwritten

powers?

The National Government claims according to Article I

section 8, #18 – “The Necessary and Proper clause” leads to

implied power.

Although the founding fathers didn’t specifically mention the powers in the Constitution it is

implies This a Loose

interpretation

The States claim that according to Amendment 10 all unwritten power is “Reserved” to the states

and/or the people

This a Strict interpretation

Unwritten PowersNational

GovernmentState GovernmentVS

Power to Tax

Power of the Purse

General Welfare Clause

Commerce Clause

Necessary and Proper

This a Loose interpretation

This a Strict interpretation

State Rights

Federalism

Equilibrium

National Legislatures needed to balance the “General Welfare” of the people (represented by the H.O.R.) with the recognition of State power (represented by the Senate).

Unwritten PowersNational

GovernmentState GovernmentVS

In 1913 Congress passed the 17th Amendment.

Senators were no longer elected by state legislatures but instead directly by the people. How does this tip the equilibrium away from the states?

Prior to the 17th Amendment, if a Senator would have voted for legislation that would decrease state power he would be potentially risking his job.

Now Senators can focus less on state power and more on vague ideas like the “general welfare.”

Unwritten PowersArticle II. Section 1

“The Executive Power shall be vested in a President of the United States of America.”

Executive orders

He also has the power to create executive offices that adopt his power to create orders.

Judicial Review

The idea that the Supreme Court can determine if the actions of the other two branches and the states are Constitutional.

Established in 1803 with the case Marbury v. Madison

Self given power of the Supreme Court

In many cases this has lead to the practice of Judicial Activism or using the bench to legislate.

Should there be a check on the decisions rendered by Supreme Court Justices? If not, why? Is yes, create a plan.

“The constitution, on this hypothesis, is a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they please.”  - Thomas Jefferson

Unwritten Powers

The Judicial Branch Originalism and Judicial Restraint

Ideas come from Constitution

Vs.

Judicial Activism

“A living document” Ideas come from past cases and

current events

Central Authority LibertyAnd Regional Power

1

Colonies prior before 1750’s

2

Colonies After 1750’s

Revolution

3

Articles of Confederation

Shays

4

Constitution

Bill of Rights

5

How do informal changes move the Pendulum?

Where do we go from here?

“A Republic if you can keep it”- Ben Franklin knowledge, information, and voting

In order for a republic to survive people must be:Informed about Government and Issues, Know their Rights, and Vote

The founding fathers created a system that protected against voter in difference.

In the United States people generally favor one issue over others and often these people will donate money to that cause.

It is these special interest groups that often provide money for political campaigns.

Elected Law makers to represent our views. We still have our natural rights regardless the vote.

“If a nation expects to be ignorant and free, it expects what never was and never will be.”- Thomas Jefferson

Constitution and Ratification are coordination solutions

The Principles of the Constitution represent Nash Equilibriums

Neither side benefits from breaking the equilibrium as long the other side sticks to their strategy.

The are numerous focal points in the Constitution-

In this case focal points are parts of the Constitution that have generated natural agreements or disagreements

Majority rules or unanimous decisions- the more the rights of life/liberty/property are impact the closer to unanimous is necessary.

Necessary and Proper clause and unwritten powers

Judicial review

Bill of rights

Electoral college

Unwritten powers

The Fed and Monetary Policy- a 4th branch?In 1913 – A new organization was created to aid on Economic matters.

The Federal Reserve became our Central Banking system

The Federal Reserve is independent from our government but it is extremely important in understand money and our economy

This extremely important body was not created by our Constitution and no member on the board is elected by the people

Later creation of Federal Reserve which is in charge of monetary policy. They determine to the supply of in circulation and they increase or decrease interests rates on federal loans. It also regulates banks, provides financial services, and stabilizes our banking system

The Federal Reserve- NOT CREATED BY CONSTUTION CONVENTION!!! And we don’t vote on one member. Yet our lives and economy might be impacted more by

the “Fed” then any other branch.

What Delegate would love this?

The Federal Reserve- NOT CREATED BY CONSTUTION

As stipulated by the Banking Act of 1935, the President appoints the seven members of the Board of Governors of the Federal Reserve System

They must then be confirmed by the Senate and serve for 14 years.

Once appointed, Governors may not be removed from office for their policy views.

The chairman and vice-chairman are chosen by the President from among the sitting Governors for four-year terms; these appointments are also subject to Senate confirmation.

In practice the chairman is often re-appointed, but cannot serve longer than one 14-year term as governor (or, if appointed to fill a position whose previous occupant had not served out their term, then 14 years plus the time remaining in the previous unexpired term).

By law, the chairman reports twice a year to Congress on the Federal Reserve's monetary objectives. He or she also testifies before Congress on numerous other issues and meets periodically with the Secretary of the Treasury.

The Federal Reserve- NOT CREATED BY CONSTUTION

Fed Chairman

Federal Reserve Board (7 members)

Federal open market committee (FOMC)

12 Regional Federal Banks

Privately owned U.S. banks and advisory councils

The FOMC is the committee responsible for setting monetary policy and consists of all seven members of the Board of Governors and the twelve regional bank presidents, though only five bank presidents vote at any given time.

The Federal Reserve System has both private and public components, and was designed to serve the interests of both the general public and private bankers. The result is a structure that is considered unique among central banks. It is also unusual in that an entity outside of the central bank, namely the United States Department of the Treasury, creates the currency used

The Federal Reserve- NOT CREATED BY CONSTUTION

According to the Board of Governors, the Federal Reserve is independent within government in that "its decisions do not have to be ratified by the President or anyone else in the executive or legislative branch of government."

However, its authority is derived from the U.S. Congress and is subject to congressional oversight.

Additionally, the members of the Board of Governors, including its chairman and vice-chairman, are chosen by the President and confirmed by Congress.

The government also exercises some control over the Federal Reserve by appointing and setting the salaries of the system's highest-level employees.

Thus the Federal Reserve has both private and public aspects. The U.S. Government receives all of the system's annual profits, after a statutory dividend of 6% on member banks' capital investment is paid, and an account surplus is maintained. In 2010, the Federal Reserve made a profit of $82 billion and transferred $79 billion to the U.S. Treasury.