The Constitution

Independence Now What

• Prior to Independence states wrote new constitutions to replace state charters

• A Constitution is a written plan for government• State governments had bi-cameral (two chamber

legislatures)• Most states had governors to carry out laws passed by

legislature• State governments tried to protect natural rights

Articles of Confederation

• Our first constitution• Introduced in 1777/Adopted in 1781 after revisions• Established a very weak central government• Most powers given to the states• Established a “firm league of friendship between states”• No executive or judicial branch—just a congress of

delegates from each state

Successes of the Articles

• Ordinance of 1785: Created a way to survey and sell western lands

• Northwest Ordinance: established a way to govern newly acquired lands and a path towards statehood• Banned slavery or involuntary servitude in new territories

Problems with Articles of Confederation

• Congress could conduct foreign affairs, declare war and peace and maintain an army and navy

• Congress could not collect taxes, regulate interstate trade and enforce laws

• 9 states to pass laws 13 to amend • Congress realized it could pass laws but could not

enforce laws or tax

Crisis in Government

• War is over country is in debt• States taxed heavily to try and cover debt• Shays rebellion: Daniel Shays revolts against

Massachusetts government • Congress authorized a convention to “revise the Articles

of Confederation”

Constitutional Convention

• On February 21, 1787, the Continental Congress resolved that:

• ...it is expedient that on the second Monday in May next a Convention of delegates who shall have been appointed by the several States be held at Philladelphia for the sole and express purpose of revising the Articles of Confederation...

Constitutional Convention

• Delegates from each state (except RI) met in Philadelphia from May-September 1787

• Met in Secrecy– to allow those to speak freely• 74 delegates were appointed by the states, 55 arrived and

about 40 took a real part in the work at the Constitutional Convention

• 39 signed the Constitution-3 refused to sign the “flawed document”

About the Delegates

• 4/5 were members of Congress, others were governors• Predominantly Protestant• Farmers, businessman, lawyers • It is said they were well read, well bred, well fed and well

wed• James Madison (VA) is known as the father of the

Constitution, he took notes of the proceedings

Small and Large State Compromise

• Compromise between large and small states over representation in Congress• Virginia Plan: President, Courts and bicameral legislature

based on population• New Jersey Plan: One house legislature equal representation

, Congress has power to tax and regulate trade• Connecticut or Great Compromise: Bicameral legislature,

Senate = representation, House by population

• All Agreed on the idea of “Balanced Government”

3/5ths Compromise

• Southern States wanted to count slaves in their population

• North said “no”-slaves could not vote or participate in the political process-they were property

• Compromise: every five slaves would be considered 3 free persons

North/South Compromise

• North wanted congress to regulate foreign and domestic trade

• South feared it would have economic impact on their export driven economy

• Also feared Congress would stop slave trade• Compromise: North would not tax exports nor interfere

with slave trade until 1808

Post Convention

• Federalists: supporters of the Constitution, believed it created a balanced government between national and sub-national (state) units

• Anti-Federalists: Feared a strong national government would take away liberties and ignore the will of the states. Wanted a Bill of Rights

• Federalists guarantee a Bill of Rights-Constitution is ratified by 9 of the 13 states in 1788

Structure of the Constitution

• Provides a framework for our government and serves as the highest legal authority in the country

• 3 Main Parts: Preamble, Articles and Amendments

Preamble

• Makes clear that the power in this country is derived from the people and the government exists to serve the people

• Purpose of Government• Unify states• Establish justice• Keep peace and order• Protect the country• Help people live healthy and prosperous lives• Guarantee basic rights

The Articles

• Seven Articles in the Constitution• I Legislative (Congress)• II Executive (President)• III Judicial (Supreme Court)• IV Relationship between the States• V Amending (changing the Constitution)• VI Constitution is the Supreme Law of the Land• VII When the Constitution takes effect

Amendments

• Framers made it hard to change the constitution• 27 Amendments• 1st Ten Amendments known as the Bill of Rights• Process for changing is found in Article V• ¾ of state legislatures need to pass amendment

Main Principles in the Constitution

• Popular Sovereignty: the people have the right to rule. • Rule of Law/Limited Government: Government can only

do what people allow it to do. Laws are applied equally• Separation of Powers: Divided powers to prevent abuse/

Montesquieu• Checks and Balances:

Main Principles in the Constitution

• Federalism: Shared powers between national and state• Power: the ability to get someone to do something they

would not normally do

• Republicanism: We choose our Reps• Individual Rights: Big debate the fear was that the

government would become too strong. Immediately after adoption, there was a push to amend the Constitution to include individual rights- “Bill of Rights”

3 Types of Power

• Enumerated or expressed powers: Powers specially given to federal government

• Reserved Powers: Powers not given to the national government are served for the states. Ex: state borders, schools

• Concurrent Powers: Powers given to both levels of government. Ex: Collect taxes

• Supremacy Clause: when state and federal laws conflict, the federal laws trump state laws