1787:1787:Writing a New ConstitutionWriting a New Constitution

slides for classroom useby Richard Jensen rjensen@uic.edu

Revised 1-17-2002Copyright (c) 2002 Richard Jensen. This Guide was prepared with support

from the Robert H. Michel Civic Education Grants sponsored by The Dirksen Congressional Center. Scholars are invited to link to this

Powerpoint and distribute it to students.

Summary: USA gets Strong National Summary: USA gets Strong National GovernmentGovernment

• Nationalist sentiment led by veterans– Washington; Alexander Hamilton (NY)

– Long term vision of great nation

• Philadelphia: secret convention 1787– Terms of Office: 2-4-6 years

– Supreme Court; lifetime job

• Ratification Debates– Federalist papers

– Antifederalists & Bill of Rights

• YES: need strong gov't– Washington’s leadership

– Bill Rights promised soon

Philadelphia 1787Philadelphia 1787

• Philadelphia Convention: selected by states; secret• Basic goal" perfect machine"• Need Strong national gov't• Seek balance among dangerous forces• Leadership: Hamilton, Madison, Wilson

Constitutional TraditionsConstitutional Traditions

• English history

• American states

• Republicanism: let the people rule

• Classical shared & countervailing powers

• Ideas of Hamilton: strong nationalism

• Ideas of Madison: balance state & federal

• localists & nay-sayers

Issues 1787Issues 1787

• Fear of national power; solution: counterbalances• Small states vs Large• Sectionalism, North vs South vs West• No foreign dangers at the moment; inward-looking

AssumptionsAssumptions

• republicanism: no aristocracy; equal citizens = basic values of new system; every part must support this goal

• separation of powers at national level– executive/legislative/judicial

– checks and balances: each watch the other

• federalism = balance between states & nation– states to remain sovereign in own sphere

– State Power; citizenship; courts; taxes; cities;

– control over election procedures

• popular sovereignty: people ultimately rule

Selecting a Republican PresidentSelecting a Republican President

• President: strong elected executive– not a king, or god; not hereditary– limited powers, balanced by Congress– debate on need, danger of office;

• reelection or term limits? 4 years re-electable– Washington tradition: only two terms (broken by FDR, 1940)

• small vs large states; electoral college helps both• selection by parties: not expected

– top vote getter = president, 2nd = VP– no majority? Then House picks from top 3

• only used in 1800 and 1824

– crisis of 1800 requires clarification

Presidential PowerPresidential Power

• executive departments not created but allowed for [Treasury, State, War started in 1789]

• domestic affairs: limited explicit powers• foreign affairs; ambassadors, treaties

– annex new territory? not explicit

• appointments to all offices – Senate confirmation as check

• Impeachment process (by House & Senate)– pardons: absolute power

War PowersWar Powers

• President as commander in chief– no independent army aristocracy

• shared power with Congress– Congress declares war– Funds the military, makes rules

• State militia allowed (but not state armies)

Congress = peopleCongress = people

• Great Compromise: Senate for States, House for Population– slaved property counts, not other kind

• powers; rules; officers; journals– Congressmen are independent, not tools of state government

• House: represent population; power over taxes & spending– apportionment by enumeration

• Senate: too aristocratic? small states demand it;– advise and consent to appointments by 51%; Treaties by 2/3

Ratification Ratification by all 13 statesby all 13 states

• 1. Prestige of Washington, Franklin & other signers decisive

• 2. anti-federalists: no need for central power; demand bill of rights; fear of President; fear aristocratic Senate– localistic outlook & values vs cosmopolitan federalists

• 3. Federalists; Hamilton, Madison & Jay "Federalist Papers”– Madison: 10th Federalist & pluralism--the bigger the territory, the

more different interests there are, and the less likely to have one dominant interest

• 4. geography: coast = yes, inland = no• 5. Charles Beard: financial self interest put it through

Bill of RightsBill of Rights• 10 Amendments adopted 1789 (in effect 1791); Madison as

author• Protect individual against Nation• 1st Amendment: freedom of speech & religion• 2nd: well armed militia• 4-5-6-7-8th Amendment jury trials, self-incrimination;

punishment• 9th-10: reserved to states and people• later amendments: 13-14-15• National rights extended to cover the states (20c)• French Revolution & Rights of Man

Missing TopicsMissing Topics Not discussed at ConConNot discussed at ConCon

• 1. not decided: national debt, national capital location

• 2. not expected: political parties; considered divisive

• 3. not expected: national media & focus on national affairs & (after 1900) on the President as persona

• 4. not expected: federal power expands at expense of state power

• 5. not expected: growth of Supreme Court power (esp 20c)

• 6. not developed: rights of minorities [Calhoun, 1830s]

• 8. Not mentioned: Executive orders by president

ResourcesResources

• Online: Library of Congress documents• http://lcweb2.loc.gov/ammem/amlaw/lawhome.html

• Links

• http://tigger.uic.edu/~rjensen/pol-gl.htm#Con