constitutional underpinnings & ratification

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The Constitution: Underpinnings & Ratification

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Page 1: Constitutional Underpinnings & Ratification

The Constitution: Underpinnings &

Ratification

Page 2: Constitutional Underpinnings & Ratification

The Articles of Confederation

• Confederation = States or regions retain political power except for any power it gives to the central (federal) government

StateCentral

Gov’t Gov’t

Page 3: Constitutional Underpinnings & Ratification

Articles of Confederation

• Our 1st Constitution• November 1777 (ratified 1781)• Created a “League of Friendship”• Power went to…???• Including the power to levy taxes

State

Wooo hooo!

Page 4: Constitutional Underpinnings & Ratification

Northwest Ordinance• Enacted by Congress (1787)• Spelled out how territories and states were

to be formed from Western lands won in the Revolution

• Congress to appoint a governor, secretary & 3 judges to each territory

• When population (that is, adult male pop.) of a territory reached 60,000 it could apply for statehood

• First national stand against slavery – slavery was prohibited

Page 5: Constitutional Underpinnings & Ratification

Congress Under the A O’C

• Provided for a permanent national Congress

• Unicameral• However, there were problems…

Page 6: Constitutional Underpinnings & Ratification

Lots of problems…

Page 7: Constitutional Underpinnings & Ratification

Shay’s Rebellion

• 1786-1787• Daniel Shay, Massachusetts• Armed insurrection by farmers protesting abusive local

tax practices (weak central gov’t, strong state gov’t)• Illustrated weaknesses of the AOC• lead to a shift from the Anti-Federalist movement

toward the realized need for a Federal government to: – standardize and issue currency– supply and defend a Bill of Rights– provide oversight to states rights

• Paved road for new Constitution

Page 8: Constitutional Underpinnings & Ratification

Scrap that Idea

• A OC‘s weaknesses far outweighed its strengths

• It was time for a new Constitution…

Page 9: Constitutional Underpinnings & Ratification

Constitutional Convention

• May 14, 1787• Fifty-five delegates met in Philadelphia,

PA to create our new Constitution• They met in secret - huddled in a small

room in the sweltering summer heat• Please note that they did not have

deodorant or antiperspirant in 1787

Page 10: Constitutional Underpinnings & Ratification

EEEEWWW!

Page 11: Constitutional Underpinnings & Ratification
Page 12: Constitutional Underpinnings & Ratification

The Virginia Plan

• Virginia delegation proposed a bicameral legislature, executive branch, and judicial branch

• Legislature to be elected by the people• Executive to be elected by the

Legislature• Representation proportionate to state

population

Page 13: Constitutional Underpinnings & Ratification

This worried & angered small states

Virginia

New Jersey

Page 14: Constitutional Underpinnings & Ratification

The New Jersey Plan

• New Jersey delegation proposed that the new constitution retain most of the Articles of Confederation

• But with a separate & independent Supreme Court

• Equal representation in the Legislature

Page 15: Constitutional Underpinnings & Ratification

A heated debate ensued…

Page 16: Constitutional Underpinnings & Ratification

Thank heavens for little Connecticut

• A delegate from CT proposed a compromise

• The chief executive (prez) to be elected by an electoral college

• Bicameral legislature (here’s the “Great Compromise”)

Page 17: Constitutional Underpinnings & Ratification

Proposed Bicameral Legislature

Upper House Lower House

Equal Representation

Representation Proportionate To State Population

Page 18: Constitutional Underpinnings & Ratification

And everyone was happy…

Page 19: Constitutional Underpinnings & Ratification

Except the “Three-Fifths of a Person” People

Page 20: Constitutional Underpinnings & Ratification

And the Womenfolk

What do you mean I have no rights? I thought

you said we were allEqual?!

Page 21: Constitutional Underpinnings & Ratification

The Three-Fifths Compromise

• Part of the Great Compromise• Settled the issue of whether or not

slaves counted as a person toward the total population

Page 22: Constitutional Underpinnings & Ratification

North vs. South

Ya’ll gotta count our

slaves!

Are you bloody mad?How can they be your property AND a person?I think someone wants to

have their cake andeat it, too…

Page 23: Constitutional Underpinnings & Ratification

Although the word “slave” was never used in the written document, it was agreed that…

Page 24: Constitutional Underpinnings & Ratification

“Representation and direct taxes will be apportioned among the several states according to respective numbers determined by adding to the whole number of free persons including those bound to service for a set number of years and excluding Indians not taxed three-fifths of all other persons.”

Page 25: Constitutional Underpinnings & Ratification

And so….

This 2/5 no longerexists

Page 26: Constitutional Underpinnings & Ratification

The Connecticut Compromise

• Was reached by mid-July• The make-up of the executive &

legislative branches were still unsettled• Turned over to a five man “Committee

of Detail”• Made the executive and judicial

branches subordinate to the legislative branch

Page 27: Constitutional Underpinnings & Ratification

Madisonian Model• James Madison

proposed the notion of separation of powers

• Three branches would be independent of one another but still have to govern together

• Ensured that one branch did not have more power than another

James Madison (1751-1836)

Page 28: Constitutional Underpinnings & Ratification

Branch Functions Under Madisonian Model

• Congress – pass laws• Executive – enforce & administer

laws• Judicial – interpret laws

Page 29: Constitutional Underpinnings & Ratification

Checks and Balances

• Each branch of gov’t is designed to check the actions of the others

• Federalist #51

Page 30: Constitutional Underpinnings & Ratification
Page 31: Constitutional Underpinnings & Ratification

The Electoral College

• A group of people called electors are selected by the voters in each state and DC

• This group officially elects the president & vice-president

Page 32: Constitutional Underpinnings & Ratification

Number of Electors

• The number of electors in each state is equal to the number of each state’s reps in both houses of Congress

• PA – 19 HOR + 2 Senate = 21 Electoral Votes

Page 33: Constitutional Underpinnings & Ratification
Page 34: Constitutional Underpinnings & Ratification

The Final Document

• The founding fathers produced a government that did have considerably more power for a central authority. However, it is also clear that these men were distrustful of those who would hold this power and of the people who would select the governmental officials.

Is that your final answer?

Page 35: Constitutional Underpinnings & Ratification

Final Document, Cont.

• Power was divided between the three major branches and each branch was encouraged to seek more power from the other two branches. This idea was based on the assumption that “ambition must be made to counteract ambition.”

• Since each branch of government would attempt to gain more power each branch would serve to check the power of the other two branches.

Page 36: Constitutional Underpinnings & Ratification

Final Document, last one…

• Power also was diffused by the creation of our federal system of government, where both the national and the state governments each have their own sphere of influence.

• Although it sounds good to us now, not everyone agreed that a federal system was the best route…

Page 37: Constitutional Underpinnings & Ratification

Long, Rough Road• The Constitution was not made public until September

17, 1787. The public had no input as to what the document would include.

• Furthermore, the Constitution violated the provision in the Articles of Confederation for alterations to the government.

Page 38: Constitutional Underpinnings & Ratification

Who Were the Federalists?

• Federalists favored the ratification of the US Constitution

• Included Alexander Hamilton, John Jay, and James Madison

Alex

JJ

Page 39: Constitutional Underpinnings & Ratification

Who Were the Anti-Federalists?

• Opposed the ratification of the US Constitution

• Included John DeWitt, Samuel Adams & Patrick Henry

Johnny

Pat

Sammy

Page 40: Constitutional Underpinnings & Ratification

The Federalist Papers

• The Federalist Papers were a series of 85 essays published in NY newspapers & reprinted around the US

• Written in attempt to persuade the public to support the new form of government.

• Federalist #10 and Federalist #51 provide an excellent view of James Madison’s political theory concerning human nature.

Page 41: Constitutional Underpinnings & Ratification

Federalist #10

• Madison attacked the Anti-Federalist’s fear regarding factions

• Factions = small political parties or groups united by a common interest

Me too!!

Hey! I loveAP US History!

Let’s form afaction!

Page 42: Constitutional Underpinnings & Ratification

Fear Factor: Factions!

Oh no! Not factions!!!!!

Page 43: Constitutional Underpinnings & Ratification

Why Factions Were Scary

• Anti-Federalists claimed that factions would gain control of the government

• This would be bad because factions would harm the country– Implement policies beneficial to their

own interests– Will be against other people’s rights and

the public good

Page 44: Constitutional Underpinnings & Ratification

Madison to the Rescue

• Madison was tired of the haters dissin’ his factions

I’ll save you my beloved

factions!

Page 45: Constitutional Underpinnings & Ratification

Madison Defends Factions

• In Federalist #10, Madison stated that factions won’t be a problem in a republic as big as the US

• He believed there would be so many factions held together by regional or local interests

• Therefore, no single one of them would dominate national politics

• The government can ultimately control the “instability, injustice and confusion” brought about by factions – IF they plan for it

Page 46: Constitutional Underpinnings & Ratification

Madison’s How-to Guide:Controlling the Mischief of

Factions

• Two methods to cure “mischief of factions”

1. Remove the causes of factions• Destroy liberty• Give all citizens same interests & opinions• Diversity = different opinions• Government’s job is to protect liberties –

therefore either cure would go against what we are about

Page 47: Constitutional Underpinnings & Ratification

2. Controlling their effects– Tyranny of the majority is a concern– Must ensure that the majority is

rendered incapable of carrying into effect “schemes of oppression”

– Republic = delegation will be fit to represent citizens because they are elected by the people

– This will create a balance between local (factional) interests and national interests

– This can be achieved through separation of powers

Page 48: Constitutional Underpinnings & Ratification

Federalist #51

• Madison explains the separation of powers into three branches

• Argues that this federal structure provides the most protection against tyranny

tyranny

Page 49: Constitutional Underpinnings & Ratification

Separation of Powers

• To achieve this, no one branch can be dependent upon another

• Helps to counter the effects of personal ambition

• Competing personal interests in each branch will help keep the powers separate, thus guarding the public interest

Page 50: Constitutional Underpinnings & Ratification

Anti-Federalist Response

• Constitution was written by aristocrats, thus leading to aristocratic tyranny

• Constitution would create an overbearing & overburdening central government hostile to personal liberty

• Wanted a Bill of Rights to guarantee liberties

I’m filthy rich andI wrote the

Windows versionof the Constitution

Page 51: Constitutional Underpinnings & Ratification
Page 52: Constitutional Underpinnings & Ratification

The Bill of Rights

• Contrary to popular belief, the Bill of Rights did not apply to state governments.

• The restrictions only were applicable to the national government until the 14th amendment incorporated some of these rights.

• Even though these restrictions were only applicable to the national government, they were never the less still very important for the protection of the people.

Page 53: Constitutional Underpinnings & Ratification

• There were twelve proposed amendments in the Bill of Rights but only ten were ratified by the original thirteen states.

• The other two proposed amendments in this package were left in limbo. Eventually (1992), one of these two amendments was ratified by the requisite number of states and is now the 27th amendment.

Page 54: Constitutional Underpinnings & Ratification

Altering the Constitution: The Formal Amendment Process

• The founding fathers realized the Articles of Confederation were too difficult to alter.

• The amendment process to the Constitution was made less difficult, but is still rigorous process.

• The reasoning was that every government needs to be able to cope with new and unforeseen problems and changes in the original document.

• However, any change should be taken with extreme caution.

• If the process to amend the Constitution is rigorous, there should be ample time to consider the merits of such a change.

Page 55: Constitutional Underpinnings & Ratification

Altering the Constitution: The Formal Amendment Process

• How difficult is it to amend the Constitution?– From 1789 through 2003, 27 amendments

passed, which represents one amendment every 7.9 years—a misleading ratio since 10 of those amendments came within the first four years.

– From 1791 through 2003 there have only been 17 amendments. That represents one amendment every 12.4 years.

• Although there are always numerous recommendations for alterations to the Constitution, few of these recommendations, especially controversial ones, have a realistic chance of success.

Page 56: Constitutional Underpinnings & Ratification
Page 57: Constitutional Underpinnings & Ratification

Informal Methods of Constitutional Change

• While it is very difficult to amend the Constitution, the Constitution has changed through interpretation.

• Since the case of Marbury v. Madison the federal courts have made major decisions concerning the meaning of the Constitution. (Judicial Review)

• Such interpretation has not been limited to the federal judiciary. Both the legislative and executive branches have interpreted the Constitution.

• Once an interpretation has been made and there is no challenge to this type of action, there has been a change in the meaning of the Constitution.

Page 58: Constitutional Underpinnings & Ratification