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									Chapter 3

THE
CONSTITUTION
               WSU Essays!
US           Identify four major weaknesses inherent
Constitution within the Articles of Confederation.
             OR
             What was the goal of the US
             Constitution? Why did it replace the
             Articles of Confederation?




                                                  2
Ch. 3 Scenario 1:
Page 59-60 Scenario:
What similarities does
the European Union’s
task of creating a
Constitution share
with the United States’
efforts in 1787?
What are the
differences between
the two?
Answer in a
paragraph.                3
     The Revolutionary Roots
       of the Constitution
 Only 4300 words (original) – shortest

 The Constitution is the supreme law of
 the land
  Establishes three branches of government
   and describes their powers
  Outlines interactions between the
   government and those governed
  Defines relationship between national
   government and the states                  4
The Longevity of Constitutions
 U. S. has world’s oldest (?) constitution –
 ratified in 1789 (single document)
   Average duration is 17 years
 Constitutional durability comes from:
   An open, participatory process
   A tendency to be specific
   A tendency to be flexible through
    interpretation and amendment
                                                5
The Lifespan of Written
     Constitutions




                          6
 Freedom in Colonial America
 American colonists had more freedoms
 than those living in most other countries
  Landowners controlled and could sell
   property
  Religious choice not mandated nor
   payments to a church required
  No wage ceilings or professional guilds
  Almost complete freedom of speech, press,
   and assembly
                                               7
                        The Road to
                        Revolution
 British Parliament believed colonists should
 pay for administration of colonies
  Costly because of wars to protect them
   (French/Indians)
  Colonists disagreed, especially since had no
   representation in Parliament


 NO taxation without representation!
                                                  8
             Road to Revolution
   Sons of Liberty and Daughters of Liberty
    organized various kinds of opposition
     Destroyed taxed items
     Only used American to oppose
     Boston Tea Party resulted in imposition of
      Coercive/Intolerable Acts, escalating conflict
       British wanted order
       America wanted freedom




       Original Sons of
       Liberty flag                                    9
Uniquely American Protest
           • Tar and Feather used
             on the Stamp Act tax
             collector.
           • Notice the Tea Party
             in the background.
           • Also note the “Stamp
             Act” upside down on
             the “Liberty Tree.”

                                10
      First Continental Congress
 Met in Philadelphia in September 1774
  All colonies except Georgia sent delegates
   (needed British protection from Indian attacks)

 Objective was to restore harmony with
  Great Britain
 Delegates adopted a statement of rights
  and principles in October
  Later formed basis for Declaration of
   Independence and Constitution
                                                     Carpenters’ Hall
                                                                        11
   Second Continental Congress
 May 1775

 Response to April 19, 1775 battle at
  Lexington and Concord
 Prepare for war



 Served as government for colonies

 Declaration of Independence

                                         12
  The Declaration of Independence
 Principles rooted in writings of John
 Locke
  Thomas Jefferson
  July 4, 1776
  Government there to protect God-given,
   inalienable rights
  Social contract theory – consent of governed
  People have right to revolt if government
   denying basic rights
                                  Page A-1 in book   13
  Declaration of Independence
      Writing Assignment
 You and a partner will be re-writing the
 Declaration in another style of writing:
  Redneck
  Valley Girl
  Mad Scientist
  Robot
  Romantic
  Any other approved idea
                                             14
 Your rewritten Declaration MUST include the
  major ideas from the original version.
 You are still the colonies in American declaring
  independence from England. You’re just doing
  it a little differently.
 You must include at least five grievances
  (complaints) against King George.
 See Handout for more details.

                                                 15
                           TREASON
 Signing the Declaration was treason

 Punishment:
     Hanging and Drawing & Quartering
       In England, the punishment of being "hanged, drawn and quartered" was
        typically used for men convicted of high treason. This referred to the practice of
        drawing a man by a hurdle (similar to a fence) through the streets, removing him
        from the hurdle and hanging him from the neck (but removing him before
        death), disemboweling him slowly on a wooden block by slitting open his
        abdomen, removing his entrails and his other organs, and then decapitating him
        and dividing the body into four pieces. The man's head and quarters would often
        be parboiled and displayed as a warning to others. As part of the
        disembowelment, the man was also typically castrated and his genitals and
        entrails would be burned.

   A matter of life and death!                                                     16
 Second Continental Congress
 Approved Declaration of Independence
  on July 4, 1776
 War of Independence began April 19,
  1775 and ended on October 19, 1781
 Britain at a disadvantage because of
  distance from conflict and because
  Americans fighting for defense of their
  liberty
                                            17
Some Revolutionary War
   Interesting Facts
    Catholics had tough choice on
     whom to support
    Greater % of population
     died/wounded than any other U.S.
     conflict other than Civil War
    1 in 5 colonists remained loyal to
     Britain
        Loyalists property/rights taken after
         the war
                                                 18
From Revolution to Confederation
 Left without a central government, colonists
  formed a confederation of states
 Wanted a central government with very
  limited powers
     States retain sovereignty. Each state has
      supreme power within its borders.
   Articles of Confederation adopted
    November 15, 1777
     Took effect March 1, 1781
                                                  19
     Articles of Confederation
 First govt of U.S.

 States retained sovereignty (supreme
  power)
 Each state had one vote in Congress

 Votes on important issues required
  agreement of at least 9 of 13 states
 National government largely powerless
   Thought a strong central govt would
    resemble British rule                 20
   Why did the Confederation fail?
 4 Main reasons:
1. National government did not have power
to tax
  Congress had to plead for $ from states

2. No provision for independent leadership
to direct government's operations
  Basically no President, a
   deliberate omission
                                             21
    Why did the Confederation fail?
3. National government could not regulate
interstate and foreign commerce
          When John Adams proposed the confederation enter into
           commercial treaty with Britain after the war, he was asked
           ‘Would you like 1 treaty or 13?”
        Remember that states were sovereign


4. Amendments to Articles had to be
unanimous
   Each state could veto any changes
                                                                        22
Disorder Under the Confederation
 After the war, Americans imported many
  new goods
 This resulted in high personal debt levels;
  combined with high taxes, many went
  bankrupt
 In Massachusetts, farmers rebelled
     Known as Shays’ rebellion
     National government unable to respond due to
      lack of funds
      Showed weakness of Articles. Stronger central govt needed!
                                                                    23
            From Confederation to
                Constitution
   National government’s inability to keep
    order led some to propose amendments
    to Articles of Confederation
   Delegates from 13 states met in
    Philadelphia in May 1787
       Actual purpose was to write new
        constitution – kept secret
Philadelphia Convention aka Federal Convention aka
Constitutional Convention
                         Independence Hall (State House)   24
 12 of 13 states sent delegates (RI exception)

 55 delegates showed up; no more than 30 at
  one time
 Such a grouping of men will never be seen
  again              Attending:   NOT attending:
   Highly educated     James Madison
                        George Washington
                                             Thomas Jefferson
                                             John Adams
   Politically savvy   Alexander Hamilton
                        Benjamin Franklin
                                             Patrick Henry
                                             John Hancock
                        Edmund Randolph      Samuel Adams
 Secretive             Roger Sherman

                                                            25
            The Virginia Plan
 Proposed by James Madison/Edmund
  Randolph
 Decided to create new constitution instead
  of amending Articles
 Strong national government

 National government would be able to
  override state laws

                                               26
           James Madison, Father
             of the Constitution

Although he dismissed the
accolade “Father of the
Constitution,” Madison
deserved it more than
anyone else. He exercised
a powerful influence in
debates (and was on the
losing side of more than half
of them).



                                   27
       The Virginia Plan
   Three branches of government
   Two legislative houses, with one elected by people
    and one appointed by states
   Representation in legislature based either on
    population or taxes paid
   Single executive appointed by legislature
   National judiciary with one or more supreme courts;
    judges appointed for life
   Executive and judges could veto acts of legislature
   Greater power for national government
     Could override state laws

                                                          28
              The New Jersey Plan
 Small states opposed Virginia Plan’s
  legislature based on population
 Alternate proposal:                  William Paterson


  Single chamber legislature with power to
   regulate commerce and raise revenue
  Equal representation for each state in
   legislature
  Multiperson executive, with no veto power
  Supreme tribunal with limited jurisdiction
  National laws supreme • Did not fix weaknesses of
                                  Articles of Confederation   29
Virginia –
Favored
Large States



               New Jersey –
               favored small
               states




                               30
             Table 3.1 - Pg. 75
Major Differences Between the Virginia
    Plan and the New Jersey Plan




                                         31
     The Great Compromise
 Also known as “Connecticut Compromise”
  Representation in House based on state
   POPULATION
  Each state to have two senators, selected by
   state legislatures. EQUAL Representatives
 Small states have more power in Senate;
 large states more power in House

            2                           Population

                                                     32
Compromise on the Presidency
   One executive chosen by an electoral college
     A state’s electors equal total members in Congress
   President is candidate with most electoral
    votes; Vice President has second most votes
     If no majority, House to choose President and
      Senate Vice President
     Procedure changed in 1804 with 12th Amendment
   President to serve for four years, no term limits
     Two-term limitation set by 22nd Amendment
                                                           33
Electoral College Map – 2008 Election




                  “winner take all”   Need 270 out of 538
                                      electoral votes to win
                                                       34
2012 Electoral Map
  PROJECTION




                     35
   Removal of the President
 House of Representatives can charge a
  president with “Treason, Bribery, or other
  High Crimes and Misdemeanors”
 Senate then holds trial on charges; 2/3
  majority to convict
  Chief Justice to preside over trial
 Two presidents impeached (Andrew
 Johnson and Bill Clinton); none convicted
 and removed from office
                                           36
               The Final Product
 In preamble, the four elements forming the
 American political tradition listed:
  Creation of a people
       We the People of the United States (departure from confederation)

  Explanation of the reasons for the Constitution
       In order to form a more perfect Union (A of C was inadequate)

  Outline of goals for the government
     Establish justice, insure domestic tranquility, provide for the
      common defence, promote the general welfare, & secure the
      Blessings of Liberty to ourselves and our Posterity (promote order
      and freedom)
  Establishment of the government
     Do ordain and establish this Constitution for the U.S. of A.          37
             The Basic Principles
 Republicanism
    Form of govt where power resides in people through
     representatives (this was new at this scale of govt)

 Federalism
    Division of power between central govt and regional/state
     govt.

 Separation of powers
    Each branch is separate but equal

 Checks and balances
    Each branch some scrutiny/control over other branches

                                                                 38
                 The Constitution and
                 the Electoral Process


What could the
people directly vote
for as far as
members of national
government?




                                         39
Separation of Powers and
  Checks and Balances

Green boxes – separation of
powers

Other boxes show checks and
balances




                              40
The Articles of the Constitution
   Article I: The Legislative Article
     Defines bicameral legislature and its operations,
      duties and qualifications of members
     Lists enumerated powers
       Also has “necessary and proper clause”

   Article II: The Executive Article
     Establishes executive branch, election
      procedures, qualifications, and duties and
      powers
                                                     41
The Articles of the Constitution
    Article III: The Judicial Article
      Supreme Court is highest court; Congress to decide
       rest
      Federal judges serve for life; independent of other
       branches
    The Remaining Articles
      IV: Treatment of other states’ citizens and addition
       of new states (Relations Among the States)
      V: Amendments
      VI: Supremacy clause, oath of office, national debt
      VII: Ratification process: 9/13 states
                                                              42
How Many Pens Does It Take to
    Sign a Bill into Law?




                                43
      The Framer’s Motives
 Most important:  inability of government
  to maintain order under the Articles of
  Confederation
 Economic stability also a motive




                                         44
           The Slavery Issue
 To ensure passage, Constitution
  essentially condoned slavery
                                                      All men
 “The Great Compromise” counted slaves               created
                                                      equal?
  as 3/5ths of a person when allocating
  representation in House
 Slave trade not to be ended for 20 years

 Slavery not mentioned directly in
  Constitution
                      Nearly 18% of 1790 population
                                                       45
                      were slaves
     Selling the Constitution
 To take effect, nine state conventions
  must ratify
 Two groups vied for supporters; formed
  basis of later political parties
  Proponents known as Federalists
  Those against new constitution were
   Antifederalists

                                           46
           The Federalist Papers
   Eighty-five newspaper articles written to
    support ratification of Constitution
     Essays written by James Madison, Alexander
      Hamilton, and John Jay under the name of “Publius”
     Most famous is Federalist No. 10 about factions;
      Federalist No. 51 about same issue
       More diverse the society is, the less likely unjust majority forms
       Checks and balances to protect from too much govt power
   Antifederalists wrote additional articles under
    pen names “Brutus” and “Federal Farmer”

                                                                             47
 A Concession: The Bill of Rights
 Many citizens unhappy Constitution did
  not address basic civil liberties
 This omission chief barrier to adoption
 George Washington proposed adding Bill
  of Rights after Constitution ratified
  Over 100 proposed; 12 approved and sent to
   states
  Ten became part of Constitution in 1791
                                            48
                Table 3.2

          The Bill of Rights



Page 89




                               49
50
Ways to remember the Bill of
          Rights
 http://www.youtube.com/watch?v=82Dn
 WqNKqiI

 http://www.youtube.com/watch?v=LYG_
 f-y8-VY



                                        51
The rest of the Amendments




                       Gregory
                       Watson –
                       pg. 92-92
                             52
              Ratification
 Constitution took effect after New
 Hampshire became ninth state to ratify
 June 21, 1788
  Success of new government guaranteed
   when New York and Virginia ratified
   document in July 1788
 New govt launched peacefully


                                          53
      Constitutional Change
 By formal amendment

 By judicial interpretation

 By political practice




                               54
 The Formal Amendment Process
 Two ways to propose; two to ratify
 Most frequently used is proposal by 2/3
  vote of House and Senate; ratification by
  vote of ¾ of state legislatures
 Congress generally sets seven years as
  deadline for approval
 Most amendments reflect changes in
  political thinking
                                            55
56
                                                                  57
Political protest 1932 – demanding repeal of   18th   Amendment
 Constitutional Amendments
 Since 1787, over 10,000 proposed

 Last approved was 27th Amendment, one
  of the original 12 proposed in 1789
 Only six proposed to states not approved




                                         58
  Interpretation by the Courts
 Concept of judicial review not spelled
  out in Constitution
 In Marbury v. Madison (1803), Supreme
  Court declared it had power to nullify
  government acts that conflict with
  Constitution
 In interpreting Constitution, new
  meaning may be given         How to interpret the
                                     2nd Amendment?
                                     (Militia?)
                                                      59
           Political Practice
 Constitution silent on many issues

 Other provisions have fallen out of use

 Presidential responses to national crises
 have enlarged power of presidency
  Founders viewed Congress as most
   powerful branch of government….but now
   the President is?
        Originally, electors to vote conscience. Now just a
        “rubber stamp.”
                                                              60
An Evaluation of the Constitution
 Oldest written national constitution

 One of the shortest and most copied
  Founders spelled out powers in generalities,
   allowing for modern interpretations
    4300 words. Amendments add another 3100.

 Most state constitutions longer and
 more specific
    Alabama’s constitution has about ½ the words of the
     Bible
                                                           61
 Many nations look to U.S. Constitution/Bill of Rights when
embarking on own Constitutions. Free/partially free countries
                                                           62
                are increasing in number.
  Freedom, Order, and Equality
       in the Constitution
 Constitution balances order and
 freedom, with little attention to equality
  When adopted, social equality not
   considered to be objective of government
  Political equality also not addressed; later
   amendments expanded suffrage
  16th Amendment – income tax. Social
   equality.
                                                  63
         The Constitution and
         Models of Democracy
 U.S. Constitution      follows pluralist model
 of democracy
  Federalist No. 10’s factions
  Federalist No. 51’s explanation of how
   separation of powers and checks and
   balances protect against majority rule
  U.S. government has no single center of
   government power
    Separation of powers/checks and balances      64
              WSU ESSAY #1
• These need to be typed.
• Approximately 2 pages double spaced 12
  point usually gets the job done.
• WSU evaluates all of these so very important
  to do your very best job.
• See the next 2 slides for some guidance. Put
  into your own words and expand on each
  point.

                                                 65
Constitution

Q:     Identify four major weaknesses inherent within the Articles of Confederation.

       1. Congress lacked the power to tax, so there was no for the federal government to earn
          money. Congress could only requisition funds from the states. The states, however, failed to
          respond to the requests. Congress had no way to enforce the “request”, so the federal
          government was virtually broke after the Revolutionary War.

       2. Congress lacked the power to regulate commerce. As a result, certain treaties reached
          between the United States and foreign countries could not be enforced. Therefore, nations
          exploited this weakness by imposing restrictions on trade, which made it difficult to export
          goods.

       3. Congress lacked real authority over the states. As a result, the states did not cooperate with
          each other. This led to trading practices that would hurt one another. Instead of acting as a
          confederation, each state looked out for its own interests, which led to essentially thirteen
          separate countries.

       4. Congress lacked authority to make changes on its own. Any exercise of national authority
          required the approval of nine states. Any amendment to the Articles required a unanimous
          vote of all thirteen states. Because of the conflict between the states, getting nine states to
          agree to an exercise of national authority was rare and unanimity for an amendment never
          occurred.



Exceeds expectations             Identifies all four points and provides full discussion on all four points

Meets expectations               Identifies three points with moderate discussion

Does NOT meet expectations       Only identifies two or fewer points with little or no discussion             66
Constitution
Q:    What was the goal of the U.S. Constitution? Why did it replace the Articles of
      Confederation?
              One basic goal of the Constitution was to unify states by creating one
               national government without giving too much power to one person or
               entity. The Articles really exposed the fact that the national
               government could not operate effectively if the states continued to
               look out for their own individual interests.
              Another basic goal of the Constitution was to safeguard individual
               rights. As a result, the Constitution created three branches of
               government. This corrected the problems the Articles of Confederation
               created by giving each branch some authority, but also allowing for
               each branch to “check” the other.
              The Constitution grants certain powers to the executive, judicial and
               legislative branches of government. Any powers not granted to one of
               the three branches are reserved to the states.
              The Articles were created by the states. As a result, Congress was
               controlled by the states. This led to Congress having little to no
               authority to do anything or change anything. If the states did not
               respond to Congress’ requests, Congress had no authority to exact
               sanctions or consequences against the states.
              The Constitution gave the national government supremacy. Along with
               the Constitution itself, the laws enacted under the Constitution, and
               any treaties entered into become the supreme law of the land.

Exceeds expectations        Identifies all five points or discusses at least four of them
                            in much more depth than most students
Meets expectations          Identifies four solid points or at least discusses three
                            points in depth
Does NOT meet               Only identifies three or fewer points with little or no
expectations                discussion
                                                                                            67

								
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