CHAPTER TWO: THE CONSTITUTION. The purpose of this chapter is to introduce you to the historical...
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Transcript of CHAPTER TWO: THE CONSTITUTION. The purpose of this chapter is to introduce you to the historical...
The purpose of this chapter is to introduce you to the historical context within which the United States
Constitution was written.
THEME ATHE POLITICAL
PHILOSOPHY OF THE FOUNDERS
Feared a strong government AND the majority
”Natural Rights.” - Life, liberty and property
The "real" revolutionThe "real" revolution
The "real" revolution was the radical The "real" revolution was the radical change in belief about what made change in belief about what made authority legitimate and liberties secure.authority legitimate and liberties secure.
Government by consent, not by Government by consent, not by prerogativeprerogative
Direct grant of power: written constitutionDirect grant of power: written constitution Human liberty before governmentHuman liberty before government Legislature superior to executive branchLegislature superior to executive branch
THEME B: THE CONSTITUTIONAL
CONVENTIONThe Weakness of the Articles of
ConfederationThe Virginia Plan
The New Jersey PlanThe “Great Compromise”
Weaknesses of the confederationWeaknesses of the confederation
Could not levy taxes or regulate commerceCould not levy taxes or regulate commerce Sovereignty, independence retained by statesSovereignty, independence retained by states One vote in Congress for each stateOne vote in Congress for each state Nine of thirteen votes in Congress required for any Nine of thirteen votes in Congress required for any
measuremeasure Delegates picked, paid for by legislaturesDelegates picked, paid for by legislatures Little money coined by CongressLittle money coined by Congress Army small; dependent on state militiasArmy small; dependent on state militias Territorial disputes between statesTerritorial disputes between states No national judicial systemNo national judicial system All thirteen states' consent necessary for any All thirteen states' consent necessary for any
amendmentsamendments
THEME C: THE MOTIVES OF THE
FOUNDERS
Economic Interests at the Convention Economic Interests and Ratification The Constitution and Equality Separation of Powers and FederalismNeed for a “Bill of Rights”
The FramersThe Framers
Who came: men of practical affairsWho came: men of practical affairs Who did not comeWho did not come Intent to write an entirely new constitutionIntent to write an entirely new constitution Lockean influenceLockean influence Doubts that popular consent could guarantee Doubts that popular consent could guarantee
libertyliberty Results: "a delicate problem"; need strong Results: "a delicate problem"; need strong
government for order but one that would not government for order but one that would not threaten libertythreaten liberty Democracy of that day not the solutionDemocracy of that day not the solution Aristocracy not a solution eitherAristocracy not a solution either Government with constitutional limits no guarantee Government with constitutional limits no guarantee
against tyrannyagainst tyranny
The Virginia PlanThe Virginia Plan
Design for a true national governmentDesign for a true national government Two houses in legislatureTwo houses in legislature Executive chosen by legislatureExecutive chosen by legislature Council of revision with veto powerCouncil of revision with veto power Two key features of the planTwo key features of the plan
National legislature with supreme National legislature with supreme powerspowers
One house elected directly by the One house elected directly by the peoplepeople
The New Jersey PlanThe New Jersey Plan
Sought to amend rather Sought to amend rather than replace the Articlesthan replace the Articles
Proposed one vote per Proposed one vote per statestate
Protected small states' Protected small states' interestsinterests
The compromiseThe compromise
House of Representatives House of Representatives based on populationbased on population
Senate of two members Senate of two members per stateper state
Reconciled interests of Reconciled interests of big and small statesbig and small states
Reasons for the absence of a bill of Reasons for the absence of a bill of rightsrights
Several guarantees in ConstitutionSeveral guarantees in Constitution Habeas corpusHabeas corpus No bill of attainderNo bill of attainder No ex post facto lawNo ex post facto law Trial by juryTrial by jury Privileges and immunitiesPrivileges and immunities No religious testsNo religious tests Obligation of contractsObligation of contracts
Most states had bills of rights.Most states had bills of rights. Intent to limit federal government to specific Intent to limit federal government to specific
powerspowers
Need for a bill of rightsNeed for a bill of rights
Ratification impossible Ratification impossible without onewithout one
Promise by key leaders to Promise by key leaders to obtain oneobtain one
Bitter ratification narrowly Bitter ratification narrowly successfulsuccessful
The motives of the FramersThe motives of the Framers
Acted out of a mixture of motives; economic Acted out of a mixture of motives; economic interests played modest roleinterests played modest role
Economic interests of framers varied widelyEconomic interests of framers varied widely Economic interests of Framers varied widelyEconomic interests of Framers varied widely Beard: those who owned governmental debt Beard: those who owned governmental debt
supported Constitutionsupported Constitution However, no clear division along class lines foundHowever, no clear division along class lines found Recent research: state considerations outweighed Recent research: state considerations outweighed
personal considerations; exception: slaveholderspersonal considerations; exception: slaveholders
Madison's Federalist No. 10Madison's Federalist No. 10
Personal liberty safest in large Personal liberty safest in large ("extended") republics("extended") republics Coalitions likely more Coalitions likely more
moderate theremoderate there Government Government should should be be
somewhat distant to be somewhat distant to be insulated from passionsinsulated from passions
THEME D
CONSTITUTIONAL REFORM ‑ MODERN VIEWS Reducing the Separation of Powers
Making the System Less Democratic
Constitutional reform--modern Constitutional reform--modern viewsviews
Reducing the separation of powers to Reducing the separation of powers to enhance national leadershipenhance national leadership
Urgent problems remain unresolvedUrgent problems remain unresolved President should be more powerful, accountable, to President should be more powerful, accountable, to
produce better policiesproduce better policies Government agencies exposed to undue Government agencies exposed to undue
interferenceinterference ProposalsProposals
Choose cabinet members from CongressChoose cabinet members from Congress Allow president to dissolve CongressAllow president to dissolve Congress Empower Congress to require special presidential Empower Congress to require special presidential
electionelection Require presidential/congressional termsRequire presidential/congressional terms Establish single six-year term for presidentEstablish single six-year term for president Lengthen terms in House to four yearsLengthen terms in House to four years
Making the system less democraticMaking the system less democratic
Government does too much, not too littleGovernment does too much, not too little Attention to individual wants over general Attention to individual wants over general
preferencespreferences ProposalsProposals
Limit amount of taxes collectibleLimit amount of taxes collectible Require a balanced budgetRequire a balanced budget Grant president a true line-item vetoGrant president a true line-item veto Narrow authority of federal courtsNarrow authority of federal courts
Who is right?Who is right?
Crucial questionsCrucial questions
How well has it worked in How well has it worked in comparison with othercomparison with other
How well has it worked in history?How well has it worked in history?
ARTICLE VI ASSUMPTION OF DEBT, SUPREMACY CLAUSE AND NO RELIGIOUS TEST
ARTICLE VIIRATIFICATION OF THE CONSTITUTION
AMENDMENT 6RIGHTS WHEN ON TRIAL
AMENDMENT 7COMMON ‑ LAW SUITS
AMENDMENT 8BAIL, CRUEL AND
UNUSUAL PUNISHMENT
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.
AMENDMENT 13SLAVERY PROHIBITED
AMENDMENT 14EX‑SLAVES MADE CITIZENS
DUE PROCESS EXTENDED TO STATES
AMENDMENT 15BLACKS GIVEN RIGHT TO VOTE
AMENDMENT 26VOTING AGE LOWERED TO
18
AMENDMENT 27INCREASE IN
CONGRESSIONAL SALARIES PROHIBITED DURING TERM
Ratification of Ratification of the Federal the Federal Constitution by Constitution by State State Conventions, Conventions, 1787-17901787-1790