Ch. 2: Constitutional Underpinnings

Ch. 2: Constitutional UnderpinningsQuestions we will answer in the next few daysWhat shaped the political beliefs (who should govern , to what ends) of the founding fathers (as well as the colonists)?

What shaped the Political Beliefs of the founding fathers? Let there be the Enlightenment!- 18th century-Reason could be used to combat ignorance, superstition, and tyranny and to build a better world-goal of political authority: protect natural rights- founding fathers were deeply influenced by the enlightenment thinkers, especially from England, to e lesser extent France. What shaped the political beliefs of the founding fathers? Hobbes Locke MontesquieuRousseau Man in a state of natureWho should govern?To what ends? (what is the goal of the social contract /government?)Contributions to the DeclarationContributions to the ConstitutionHobbes LockeMontesquieuRousseauMan in a state of natureFree to do anything to survive so life isSolitary, poor, nasty, brutishContinued fear of violent deathMan is born equalSome good / some bad , but everyone still has natural rights Fearful, avoid violence and war, conflict doesnt begin until man creates societyNaturally good, equal, peaceful, conflict doesnt occur until man creates society and claim ownership of propertyWho should govern?Autocratic Monarch ideally/ or oligarchyConstitutional MonarchExecutive, Legislative, and Judicial branches that can check each others powerPopular Sovereignty / Direct democracy / General Will = majority ruleTo what ends? (what is the goal of the social contract /government?)Make and enforce laws to ensure a peaceful societyTo protect natural rights of life, liberty, and property if govt not doing this it can be abolished

Living communally creates conflict, need government to maintain law and order, political liberty and propertyTo make laws that represent the general will for the good of the public5Why Declare Independence? http://www.youtube.com/watch?v=oLSOzcEQjiEThis is whyWhy we fightWhy we lie awakeAnd this is whyThis is why we fight

When we dieWe will dieWith our arms unbound

And this is whyThis is whyWhy we fightCome hell

Declaration of IndependenceWhy is it being written? The British Constitution was no longer seen as the basis of legitimate authority, the British were continually violating the political liberties of the colonists(misconception alert! The colonists didnt fight because of economic complaints, that was a symptom, not the illness)

Who is writing it? Thomas Jefferson

Goal of independence?: to secure natural rights ordained by higher law.

Why a written document? How specifically did the Framers justify the DOI? Lets examine the DOI

Extremely Brief Background to the DOI Colonists, as British Citizens, wanted protections of the Magna Carta, and the Bill of Rights of 1689. Additionally, the Declaration relied on precedent: (salutary neglect) most British colonies had enjoyed self-rule and had been governed through their own legislative bodies since their founding. By 1774, most of the colonists that had once protested "no taxation without representation" found themselves without any representation whatsoeverThey decided to fight for there rights (no, not to party think Decemberists, not Beasties)

French and Indian War 1763: colonists forced to pay war debtsBy Sept 1774 First Continental Congress was called to discuss future relations with G.B. they were in almost continual session from 74-75 and independence frequently was a topic of discussionA group of 5 men, TJ was a last minute substitute, was assembled to craft a DOI John Adams, Ben Franklin, Roger Sherman, and Robert Livingston 8Declaration of IndependenceWhat was the purpose of the Declaration?When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

DOIWhat was the purpose of the Declaration?a decent respect to the opinions of mankind requires that they should (need help of foreign nations) declare the causes which impel them to the separation (justify the revolution)

DOIWhat are the political beliefs (who should govern?/ to what ends?) of the founders? (sound familiar??)We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government

DOIWho should govern?

Governments instituted among Men, deriving their just powers from the consent of the governed

Why? All men are created equal

To what ends?

To secure these rights : unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness

Happiness?!? For Jefferson: happiness was the ultimate value of your life , measuring how well you have lived up to your full potential as a human being12DOIWhy we fight?

He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.He has affected to render the Military independent of and superior to the Civil power.For Quartering large bodies of armed troops among us:For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:For cutting off our Trade with all parts of the world

DOIFor imposing Taxes on us without our Consent:

For depriving us in many cases, of the benefits of Trial by Jury:

For transporting us beyond Seas to be tried for pretended offencesFor taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:

For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people.He has excited domestic insurrections amongst us, and has endeavored to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

DOIWhy we fight?Our political liberties are being violatedExamples: representative government taken away (1,8,11,12)No Independent judiciary, fair trial (2, 6,9, 10) Martial law imposed ( 3,4,5)Protection of natural rights: life, liberty, property (7,13,14)

DOI Why we fight?Navigation Acts 1696: basically all trade decisions were made by Brits, not enforced until after F/I War The Proclamation of 1763, Parliament stripped colonists of the right to settle in the land between the Appalachian Mountains and the Mississippi River. Sugar Act (1764), the Stamp Tax (1765), the Townshend Acts (1767) and the Tea Act (1773) to repay war debtsIntolerable Acts: port of Boston closed to all trade, military governor was also appointed and the people of Massachusetts no longer had the right to elect their representatives, select jurors, or hold town meetings. British soldiers accused of crimes would be tried in England, not in the colony, and a new Quartering Act forced colonists in Massachusetts to feed and house British soldiers. Lexington and Concord, removal of troops from frontier borders, confiscated ships and sailors

DOIWhat does all this declaration business mean?That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.

DOIWhat does all this declaration business mean?We are free We have the inherent rights of any nationWe will fight and die to protect our libertyHobbes LockeMontesquieuRousseauContributions to the DeclarationThere is a social contract : a defining feature of that contract is that the govt is created to protect make and enforce laws and maintain peaceWhat complaints indicate this isnt taking place?

inherently men are equal (biology, baby)

All men created equal

Government must protect natural rightslife, liberty, property (purist of happiness) If a government isnt protecting rights it should be abolished. This is the FIRST revolution fought to protect rights!!!!!HUGEPolitical liberties must be protected!!!!! All 27 complaints pertain to this.

Government needs to have separation of powers, not tyrannical King

Examples of specific complaints?Governments are instituted deriving their just powers from the consent of the governed

Examples of specific complaints? 19The Real RevolutionThe real revolution, according to Adams was the, radical change in the principals, opinions, sentiments, and affections of the people. New vision of government:Power is derived from the peoplePurpose of government is to protect your natural rightsNow a new central government had to be created to run this new nation, the question became how much power should the new government have.

How much government? Questions to ponder, we will discuss after the quiz

Should the US government take action to block clips and /or links of the film Innocence of Muslims from appearing on You tube, twitter?

Should New York City be able to ban the sale of sugary drinks over 16oz?

Articles of Confederation1776-1787: The Articles of Confederation was our first official system of government

It set up a Confederal system of government: sovereign states delegate power to a central government for specific purposes (defense, trade, manage conflicts)Other systems of government:Unitary: all power is invested in the central governmentFederal: power is shared between a central, state, and local governments23Weve got to create a new governmentQuestions the Continental Congress had to address:What type of government? How much power should the central government have? How much power should the states have?Fears: will one state have too much power? How can we make sure a central government doesnt become tyrannical?Conservatives: strong central government, without it there will be anarchyRadicals: weak central government, dont want to replace tyranny with tyranny, states are more likely to protect liberties because they are more directly linked to the people Articles of ConfederationPowers given to CongressPowers given to states sole power to negotiate treaties, declare war, and make peace.It also reserved the right to maintain an army and navy and regulated interaction with Native Americans in the West.The delegates also granted Congress the power to resolve interstate disputes, grant loans, print money, and operate a national postal system All powers not granted to Congress were reserved for state governments.

They basically had 90% of the powerany amendments made to the Articles required unanimous agreement from the states.

Articles of ConfederationWhat problems do you see in this document?Why do you think we add that bit about Canada?BIG PROBLEMS: INFLEXIBLE AND INEFFECTUALThe good, the bad, and the uglyGood: Northwest ordinance passed under this government (formula for new territories to join the nation) , war is won Bad: the structure of the government makes it very difficult for the states to effectively work well together1 branchEach state gets 1 vote9 votes to pass a law13 votes to amend articlesNo ability to taxNo national currencyCant regulate trade between statesThe Ugly: Shays rebellion, problems with foreign trade, issues with pirates, inability to regulate interstate trade (many other things) illustrated the ineffectual nature of the central governmentWhy did we create a Govt that was so weak?1?Ex-Boyfriend analogy: he was a jerk, Im going to find a new boyfriend who is TOTALLY different from him

Maybe I went a little too far in the opposite directionso now what?Constitutional Convention The Annapolis Convention held to address the problems with the Articles of Confederation in Maryland in 1786. could not agree on how these issues should be resolved, hardly anyone showed up Decided a new convention would be held the following summer in PhiladelphiaShays rebellion take place after AC b/f PC, it galvanizes delegates

Central questions of the Constitutional Convention

Constitutional ConventionThese men have an ENORMOUS task ahead of them history consists only of beacon lights which give warning of the course to be shunned, without pointing out that which ought to be pursued James Madison

State System of governments illustrate what we want to avoidPennsylvania: too much democracy, tyranny of the majorityMassachusetts: tyranny of the minority All power in unicameral legislature, re-election each year, cant serve more than 4 yearsBecame a democratic tyranny: took away the right of Quakers to freely worship

Separation of powers , checks and balances, but take economic measures counter to the needs of the majorityhence Shays rebellionConstitutional ConventionMay 25th September 17th 1787

Delegates from twelve of the thirteen states (minus Rhode Island) met at the Constitutional Convention in Philadelphia. Most of the attendees were not die-hard revolutionaries (Thomas Jefferson, John Adams, Samuel Adams, and Patrick Henry were all absent). Most did have experience writing their own state constitutions George Washington was unanimously chosen as the chairman of the convention.

33The Framers: The stats and other info55 delegateAbout 30 were regularly at the preceding's at any given time8 signed the DOI7 had been governors34 were lawyers39 had served in the Confederal Congress17 fought in the revolutionary warJames Madison kept detailed notes on the proceedings (Pops of the Constitution)

Factions among the DelegatesSupport strong central govtWeary of strong central govtAlexander Hamilton (monarchist)Gouvenor Morris (protect property)James Madison (based on popular sovereignty that protects against majoritarian politics)

Ben Franklin (more direct representation, several executives)George Mason ( more direct democracy in Central govt)

Constitutional ConventionThree Branches of GovernmentThe delegates began drafting a new Constitution to create a republic (why dont they use the word democracy?) They decided on a government consisting of three branches: legislative (make laws), executive (enforce laws), and judicial (interpret the law) . Delegates believed this separation of powers into three different branches would ensure that the United States would not become tyrannicalnow how to organize these branches

Competing plans for the 3 branchesVANJFeatures of Executive Features of LegislativeFeatures of Judicial Significant powers?Which groups would support the Plan? (Big / Small strong / weak)Nation of states or people?

Features of Executive Features of LegislativeFeatures of Judicial Significant powers?Which groups would support the Plan? (Big / Small strong / weak) Nation of states or people?

Leg: 2 houses, rep based on pop, lower house elected by peeps, upper house elected by lower house from nominees presented by state legs, can override vetoed laws, can tax states, use national force to protect states, can void state lawsExec: 1 person, will enforce the laws, picked by legislative branch can veto laws with help of judicial branchJudicial branch: a supreme court and lower courts, serve for life, picked by legislative branch can hear cases dealing with piracy, disputes between states, disputes with foreign citizens, tax collection, impeachmentWho would support it?States or people? Virginia PlanNew Jersey PlanLegislative: same structure as Confederal Congress but more power including taxation , Regulation of trade, and national laws have supremacyExecutive: several people, picked by legislative branch, 1 term limit, can be impeached by states or Congress, enforce all laws, appoint federal officials , direct military operations (but cant actually command troops in battle) , no veto powerJudicial: 1 Supreme Court, appointed for life by the executives, deal with cases involving: ambassadors, POWs, piracy, foreign citizen involved, will consult on treaties, violation of federal lawSupporters? States or people?

Which plan?!?On June 19, the Convention made its choice on whether to proceed with the Virginia Plan or the New Jersey Plan. The Virginia Plan won with votes from Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina, South Carolina, and Georgia. New York, New Jersey, and Delaware voted for the New Jersey Plan. The Maryland delegation was divided.(New Hampshire wasnt there yet)The convention falling apartGreat / Connecticut Compromise & Executive CompromiseFeatures of Legislative: How many branches? What is representation based on?How are representatives chosen?Features of Executive:How many executives? How long is the term? How are they elected?Features of Judicial:1 or more courts? How are justice's appointed/ confirmed? How long is their term?

CompromisePowers / Checks: Check out Article 1 Section 7 & 8 , Article 2 Section 2 & 3, Article 3 Section 2, and Article 6 of the ConstitutionNJ / VA (highlight to indicate which plan influenced each power / check)

Does the structure of our government make us a nation of states or people? Be able to explainConsequences of the Great compromise / Executive CompromiseResolved dispute between small and large states, avoids framers fear of too much democracy (senate / electoral college)Continues to give less populated states a disproportionate influence in Congress (10 of the most populous states have 20 Senators to represent 53% of the population, smaller states also disproportionality rep in e.c.)Issue of States vs. People ,as well as too much democracy, are dealt with

3/5 Compromise: How to decide what constitutes the population for Rep and taxation

3/5 CompromiseAny effort to outlaw slavery would have certainly meant the end of the union, and a continuation of the Articles for the remaining states

Commerce Compromise

Expressed power of Congress: to regulate trade, power to tax Question: does that include exports, as well as imports?Commerce CompromiseSouthern Plantation Owners V. Northern Businessmen * Southerners opposed tariffs fearing they would damage the Southern economy which was heavily dependent upon trade.* Northerners wanted tariffs to protect their industries from foreign competition.

Commerce CompromiseThe Constitution allows the federal government to tax imports but not exports

Slave Trade CompromiseQuestion: Does the power to regulate trade include the slave trade? Northern Abolitionists V.Southern Slave Owners * Northern abolitionists = ban the (external) slave trade, slavery would eventually prove unprofitable and die out.*Southern Slave owners = slavery vital to the economic survival of the South

Slave trade compromiseCant address banning the slave trade until 1808 (20 years) Structure of the ConstitutionDivided into 3 parts1. Preamble2. ArticlesI- legislative branchII-executive branchIII-judicial branchIV-relationship between states, between national gov and statesV- Amendment processVI- Supremacy of Constitution and national govVII- Ratification process3. AmendmentsKey question: How do we prevent the government from becoming a threat to our rights?

Answer: Grant the government power but wrap it in a structure of containment.These are meant to contain power: Limited Government Popular SovereigntySeparation of PowersChecks and Balances Federalism

Limited Government: there are specific limits placed on both the national and state governments listed in the ConstitutionPopular Sovereignty: the power ultimately rests in the hands of the people, if we are not satisfied with an elected official we will not re-elect that officialSeparation of powers: each branch has specific powers and limits Checks and balances: each branch has the ability to watch over the other branches and ensure that too much power isnt concentrated in any one branchFederalism: each level of government is designed to provide as a check on each other level 525 principals behind the ConstitutionLimited Government: there are specific limits placed on both the national and state governments listed in the Constitution Popular Sovereignty: the power ultimately rests in the hands of the people, if we are not satisfied with an elected official we will not re-elect that officialSeparation of powers: each branch has specific powers and limits Checks and balances: each branch has the ability to watch over the other branches and ensure that too much power isnt concentrated in any one branchFederalism: each level of government is designed to provide as a check on each other level , shared sovereignty of states and national gov

Find the principal!!!!!Each group will search for examples of their principal in the ConstitutionPopular Sovereignty: look through the Constitution and the AmendmentsLook for amendments that has expanded who We the People includes

Chart what you find on Newsprint Debate over RatificationConstitution signed by delegates 9/17/1787Needed to be ratified by 9 of the 13 statesRatifying conventions held over the next yearWhy do you think ratifying conventions were held and the framers didnt opt to have state legislatures vote on ratification?Delegates at ratifying conventions were popularly electedArguments ensued: Feds vs. Anti-fedsDebate over ratificationFederalists (nationalists)Anti-Federalists (states rights)Favored the ConstitutionLed by James Madison, Alexander Hamilton, and John JayStressed weaknesses of the Articles, strong central gov needed to protect nation and solve domestic problemsChecks and balances would protect against abusesProtection of property rights The Constitution is a bill of rights with limits on central gov, reserved powers for the statesState Constitutions already have Bills of Rights

Opposed ConstitutionLed by Patrick Henry, Richard Henry Lee, George Mason, Sam AdamsWanted strong state governments, feared strong central govFelt that the executive branch was too close to strong (1 exec, veto power)Wanted president and Senate chosen by popular electionWanted a Bill of Rights to limit power of governmentWrit of Habeas Corpus:No Bill of attainder:No ex post facto:Right of trial by juryPrivileges and immunitiesNo religious text or qualification to hold officeStates cant void the contract of another state56Debate over ratification: Federalist 10 & 51Written by Madison to argue in favor of ratification51: If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itselfhow? With the 5 principals

Federalist 1010: Extended Republic, how does this protect against problems of a faction?

Protections against majority tyranny: Framers visionExtended republicSeparation of powers checks and balances2/3 to override veto, 2/3 to convicted impeached officialsSenate vs. House (majority of people, majority of states)Wisdom vs. passion Bill of RightsAmendment process (super majority needed)Slows down process, not too many changes, less prone to passions and whims

RatificationUltimately Feds win out, ratified early June 1788, but VA and NY are still needed!!!!Both sign on by JulyAnti-feds had no alternative planCant beat something with nothingAgreed to add Bill of RightsFailure of the Articles proved a new gov was needed

New Government

Took office 1789Washington : PresidentBill of Rights ratified in 1791Limited the power of the National GovernmentNot until the 14th amendment that selective incorporation occurredSome of the first 10 amendments apply to state governments as wellActually decided with Supreme Court cases

Bill of Rights addedCategories of rightsInformal amendmentsMarbury vs. MadisonCharles Beard and the Economic interests of the FramersBeards perspectiveOpposing view-pointHobbes LockeMontesquieuRousseauContributions to the ConstitutionNeed to control the impulses of the people

Senate vs. HouseElectoral College

limited government

govt must protect life, liberty, property

Separation of powers / checks and balancesWe the people / Popular Sovereignty

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