Chapter 3 Notes

Constitutional Convention• May 1787- Delegates from each state (except Rhode

Island) converged on Philadelphia for a convention to address the problems within the Articles of Confederation.• Focus: Addressed the structure of the

National/Federal/Central Government.• 12 of 13 states sent delegates. Why not Rhode Island?

• Who were these delegates?• Who led the convention?

• Quickly realized that the Confederation had to be scrapped for a new form of government.

Operating Procedures

• 1. Decisions made by majority of votes (Each state was given one vote)• 2. Agreed to keep discussions secret. Why?• Public’s Opinion (?)• Perpetual Contract (?)

• Problem: No records were kept• How do we know what happened?• Diaries (journals): James Madison in particular

Conflict 1: Structure of Central Government• Why was there bound to be conflict between the

states when it came to determining who had power?• What was the structure of the central

government under the Articles of Confederation?

• What are some of the problems with this basic structure?

Best Structure: Separation of Powers• Baron Charles de Montesquieu (The Spirit of the Laws)• Montesquieu’s Tripartite System: power should be

divided between a legislature, an executive, and a judiciary.• No one or one group should have complete power.• If power corrupts, how can one limit corruption?• If you limit specific powers (the power to tax, the power

to declare war….), how can the government operate in order to meet its four primary functions?

• The government must retain all necessary powers while also dividing power to avoid absolute power.

Virginia Plan• 1. Three Branches: Legislative (create laws), Executive

Branch (enforce laws), and Judicial (interpret and apply laws).• 2. Legislature is divided into two parts (bicameral).

Why?• 3. Representation was based on population (more

population, more delegates in legislature)

• Which is the most powerful branch?• Who would oppose this plan? Why?

New Jersey Plan

• 1. Three Branches: Legislative, Executive, and Judicial• 2. Legislature is one house (unicameral)• 3. Each state gets one vote to represent them in

legislature.

• Who opposes this plan? Why?

The Great Compromise (Roger Sherman of Connecticut)• 1. Three Branches: Which branches?• 2. Legislature is bicameral: The House of

Representatives (The House!) and the Senate• 3. Senate: Equal representation for each state =

two reps per state• 4. House of Representatives: Based on

population

• How does this ensure more just/fair laws and policies? (consider the power of majority)

Conflict 2: Economics and Representation

• What was the economy of the southern states?• What was the main source of labor in the

southern economy?• In the House of Representatives, how is

representation determined?• What is the problem for southern states?

3/5th Compromise

• Southern states wanted to count the slave population in order to help determine the total population.• Northern states argued that since slaves were

treated as property, they should not be counted in the population.• Solution: Representation and direct taxes on

slaves would be based on three/fifths of the slave population.• How is this a “compromise?”

Conflict #3: Choosing the Executive

• Options: • Popular Vote:• Gave too much power to the north (urban v. rural power).• Smaller states needs aren’t met.

• Didn’t trust the population• Legislature: • “Fear of Intrigue”- The president being chosen by a small

group of men who met regularly (pre-social networks). Closed door deals.• The President would be bound to the legislature and not

the people.• Solution: Who chooses?

Electoral College• A college is an organized group with a particular aim

or purpose.• Each state will be given a number of “electors”

based off the number of their members of congress (two senators and all members of the House)• Each state legislature will choose how the electors

are chosen.• Electors are pledged to a specific presidential/vice

presidential candidate. The state popular vote determines which electors get to cast a vote.• Majority of electoral votes determines the

executive.

Electoral College Map

Electoral College• There are a total of 538 electoral votes (100 senators +

435 reps + 3 DC electors).• How many votes are required to win (majority rule)?

• Madison (Federalist No. 39) Mixture of state-based and population-based government.

• Problems:• Popular vote does not confirm winner (not democratic)• Swing states draw too much attention• Favors smaller states

Ratification - Federalists• Each state would create a ratifying convention to vote yes

or no => 9 of 13 states required => if so, Constitution becomes the “Supreme Law of the Land.”

• Federalists: Supporters of the U.S. Constitution• Federalism= A form of government in which power is divided

between the federal (national) government and the state governments.• The Federalists main arguments for a strong central

government survive through a series of essays called The Federalist Papers written by James Madison, Alexander Hamilton, and John Jay.• Feared a strong central government, but feared a weak

central government more.

Anti-Federalists

• Anti-Federalists = Opposed the ratification of the U.S. Constitution• Too much power to the national government

(indirect government)• Too little power to the states (direct government)• Assault on state sovereignty

• Absence of a Bill of Rights = failed to provide the proper protection from the national government• Failed to provide “essential” civil liberties

Agreement

• Federalists agreed to add a bill of rights after ratification.

• Ratification-• June 21, 1788, New Hampshire was the 9th state to

ratify the Constitution => thus, creating the government of the United States of America• The last state, Rhode Island, ratified the

Constitution in 1790.

The Federalist Papers• The Federalist Papers were written as a series of

articles supporting the ratification of the Constitution.• Written by Alexander Hamilton, John Jay, and James

Madison under the pen name “Publius” (one of 4 to overthrow the Roman monarchy and establish the Republic).• They were written to the people of New York. Why?• Today, the Federalist Papers are used as one of the

main sources to understand and interpret the original intent of the U.S. Constitution.

Assignment: The Federalist No. 10

• Written by James Madison• Focus: how the new republic can best protect

against factions (special interest groups)• Protection against the Tyrannical Majority

Structure of the U.S. Constitution• “It’s a plan, but not a straightjacket, flexible and short.”

– Harry S. Truman• ~4540 words

• All legitimate authority (power) is derived from the U.S. Constitution.• Federal Government: The Branches• State Government => defines local power

• Those governments cannot deviate outside of their powers defined in the U.S. Constitution

• Since the U.S. Constitution retains and defines all powers, what is it?

Basic Structure of the U.S. Constitution

• Structure:• Preamble- Goals and purpose of the document• The Articles- Powers distributed to the Branches• The Amendments- Changes made over time

• The Preamble is….

The Articles• 7 Articles-• Article 1: Legislative Branch• The power to create legislation (statutes/laws)• Traditionally, the most powerful branch

• Article 2: Executive Branch• The power to enforce (carryout) the laws created

by Congress• Article 3: Judicial Branch• The power to interpret and apply law

The Articles (continued)• Article 4: Relationship of the state governments to one

another and to the Federal government.• Full Faith and Credit• How to make new states• States must follow the Republic form of government

• Article 5: Amendment Process• 2/3rds of both Houses (only successful process)• National Convention (called on by 2/3rds of the states)• Ratification of the Amendment is required by 3/4th of the

states.• Article 6: Supremacy Clause- Government is bound to the

Constitution, but in conflicts of Federal government and state law, the Federal government is Supreme.• Article 7: Ratification

Amending the Constitution

• Essential to creating an enduring and eternal document/political institution.• Total of 27 Amendments (changes) to the

Constitution.• First 10 Amendments are also known as the Bill

of Rights.• The amendment process was made to be

difficult and require overwhelming support of the Nation.

Amending the Constitution

• Process:• Located in Article 5 of the Constitution• Two ways to Propose:• By Congress with at least 2/3rd of both the House and

Senate• By a national convention that is called by Congress at

the request of 2/3rd of state legislatures.• Two ways to ratify:• Legislatures in at least 3/4th of all state legislatures.• Citizens in each state choose delegates to conventions

called to consider the amendment. Requires at least 3/4th of all conventions approval.

Interpretations- Necessary and Proper Clause (Elastic Clause)

• Article 1, Section 8, Clause 18: Congress shall have the power “To make all laws which shall be necessary and proper for carrying into execution the foregoing powers (the rest of Article 1).”• Problem?• Created Loose Interpretation (Big Government) and Strict

Interpretation (Small Government)• Precedent to support Loose Interpretation: McCulloch

v. Maryland• The Federal government had the power to make a

National Bank even though that power was not specifically stated in the Constitution.

Popular Sovereignty• “We the People…do ordain and establish this

Constitution for the United States of America.”

• The sovereign power of the U.S. Constitution is granted by the people => the belief that the right to rule comes from the people = popular sovereignty • Founders chose a republic to ensure that people (the

majority) were not granted absolute power.

• If power is granted by the people, it can be taken back => the U.S. Constitution is our Social Contract

Checks and Balances

• Each branch is given the power to restrain or cancel the actions of other branches => less corruption/less abuse

• Checks and Balances is the result of separation of powers (they are not the same thing). Explain?