Origins of the US Origins of the US ConstitutionConstitution

A Quick and Dirty History of A Quick and Dirty History of Colonial AmericaColonial America

1717thth Century England- Monarchy Century England- Monarchy

Anglican Church official churchAnglican Church official church

1620s Pilgrims land in Mass. seeking 1620s Pilgrims land in Mass. seeking religious freedomreligious freedom

Gradual settling by English of 13 original Gradual settling by English of 13 original coloniescolonies

English Continued to have official English Continued to have official authority, but large degree of autonomy. authority, but large degree of autonomy.

HistoryHistory

Development of colonies as important trading Development of colonies as important trading partnerpartner

Colonists largely thought of themselves as Colonists largely thought of themselves as EnglishEnglish

English provided military supportEnglish provided military support

No income taxNo income tax

Increased taxes on goods/servicesIncreased taxes on goods/services Sugar Act, Stamp Act, Quartering ActSugar Act, Stamp Act, Quartering Act

NO TAXATION WITHOUT REPRESENTATION!NO TAXATION WITHOUT REPRESENTATION!

HistoryHistory

1776- 21776- 2ndnd Continental Congress adopts Continental Congress adopts Jefferson’s Declaration of IndependenceJefferson’s Declaration of IndependenceGrievances both economic and politicalGrievances both economic and political1777 Articles of Confederation1777 Articles of Confederation Loose constitutionLoose constitution Limited power of central governmentLimited power of central government Congress- Limited powers in foreign affairs, Congress- Limited powers in foreign affairs,

coining moneycoining money States retained most sovereigntyStates retained most sovereignty

HistoryHistory

Colonies eventually win War of Colonies eventually win War of IndependenceIndependenceContinue to function under Articles of Continue to function under Articles of ConfederationConfederationProblemsProblems Inability to collect taxes and pay war debtsInability to collect taxes and pay war debts No ability to back currencyNo ability to back currency No Judicial system to handle disputes No Judicial system to handle disputes

between statesbetween states

Shays’s RebellionShays’s Rebellion

1780 Mass Constitution limited political 1780 Mass Constitution limited political participation of lower classesparticipation of lower classesSeries of bad harvests, farm foreclosuresSeries of bad harvests, farm foreclosuresShays leads a small army to forcibly Shays leads a small army to forcibly prevent farm foreclosuresprevent farm foreclosuresRaises serious concerns about ability to Raises serious concerns about ability to provide defenseprovide defenseParticular concern for lenders, other upper Particular concern for lenders, other upper class individualsclass individuals

Discussion 1Discussion 1

Why bother with some form of constitution Why bother with some form of constitution this early in the game? this early in the game?

Think back to the Zakaria article. What Think back to the Zakaria article. What similarities and differences in challenges similarities and differences in challenges and opportunities were/are there for and opportunities were/are there for democracy?democracy?

Constitutional ConventionConstitutional Convention

Originally called to revise articlesOriginally called to revise articles

Articles scrapped in favor of new systemArticles scrapped in favor of new system

Concern- how to create a government Concern- how to create a government powerful enough to maintain order yet powerful enough to maintain order yet weak enough to prevent it from infringing weak enough to prevent it from infringing on rightson rights

Concern- how to provide representationConcern- how to provide representation

Representation of StatesRepresentation of States

Virginia Plan- Provide representation Virginia Plan- Provide representation based on populationbased on population

New Jersey Plan- Equal representation New Jersey Plan- Equal representation among statesamong states

Great Compromise- Bicameral LegislatureGreat Compromise- Bicameral Legislature

2 houses, house of representatives based 2 houses, house of representatives based on size, Senate based on on size, Senate based on

SlaverySlavery

Moralism of Northern StatesMoralism of Northern StatesEconomic FactorsEconomic FactorsHow to deal with for representation??How to deal with for representation??Slave states- Count slaves for determining Slave states- Count slaves for determining number of representativesnumber of representativesFree states- Don’t count slavesFree states- Don’t count slavesDebate- values, economics, relative power of Debate- values, economics, relative power of north and southnorth and south3/5 compromise- slaves count as 3/5 of a person 3/5 compromise- slaves count as 3/5 of a person for determining representation in housefor determining representation in house

Discussion 2- BeardDiscussion 2- Beard

What is Beard’s basic thesis?What is Beard’s basic thesis?

What evidence does he use to support?What evidence does he use to support?

What arguments do his critics use against What arguments do his critics use against him?him?

Do you think the framers were governed Do you think the framers were governed by self interest, principle, or some by self interest, principle, or some combination?combination?

FederalismFederalism

Reservation of many powers to statesReservation of many powers to states

Supremacy clause- When in conflict, Supremacy clause- When in conflict, federal law trumps state lawfederal law trumps state law

Full faith and credit clause- States must Full faith and credit clause- States must recognize laws of other statesrecognize laws of other states

How has it lasted this long?How has it lasted this long?

Constitution deliberately vagueConstitution deliberately vagueEnumerated PowersEnumerated Powers Article 1, section 8Article 1, section 8

Coin money, establish post office, copyrights, Coin money, establish post office, copyrights, declare war, fund militarydeclare war, fund militaryImplied powersImplied powersNecessary and Proper ClauseNecessary and Proper Clause Pass laws to make implied powers happen, other Pass laws to make implied powers happen, other

laws that are necessary for branches to carry out laws that are necessary for branches to carry out dutiesduties

Possibility for AmendmentPossibility for Amendment

How to Amend The ConstitutionHow to Amend The Constitution

Propose amendmentPropose amendment 2/3 vote of both house and senate2/3 vote of both house and senate Constitutional ConventionConstitutional Convention

RatificationRatification ¾ of state legislatures¾ of state legislatures Conventions in ¾ of statesConventions in ¾ of states

Discussion 3- Flexibility and Discussion 3- Flexibility and AmendmentAmendment

What would Kammen thing about recent What would Kammen thing about recent efforts to amend the constitution?efforts to amend the constitution?

Balance of ambiguity and flexibility- what Balance of ambiguity and flexibility- what are ambiguous areas, what is price?are ambiguous areas, what is price?

Informal AmendmentInformal Amendment

Presidential or Congressional ActionPresidential or Congressional Action Sometimes necessity is the mother of Sometimes necessity is the mother of

inventioninvention

Court InterpretationsCourt Interpretations

Debate- Intent of Framers vs. FlexibilityDebate- Intent of Framers vs. Flexibility

The fight over ratificationThe fight over ratification

Constitution takes effect if ratified by 9 Constitution takes effect if ratified by 9 statesstates

Passes quickly in several small states. Passes quickly in several small states. Takes effect, but NY, VA do not Takes effect, but NY, VA do not immediately joinimmediately join

Considerable OppositionConsiderable Opposition

War of WordsWar of Words

Federalists and Anti-FederalistsFederalists and Anti-Federalists

Who are they?Who are they?

Federalists-Property owners, large Federalists-Property owners, large farmers, merchantsfarmers, merchants

Anti-Federalists- Small Farmers, Anti-Federalists- Small Farmers, Shopkeepers, laborersShopkeepers, laborers

What do they Want?What do they Want?

Federalists- Strong, centralized authorityFederalists- Strong, centralized authority

Anti federalists, weak central authority, no Anti federalists, weak central authority, no standing armystanding army

Anti-FederalistsAnti-Federalists

Distrustful of centralized authorityDistrustful of centralized authority

Too much powerToo much power

Incentive to taxIncentive to tax

Trample rights of individualsTrample rights of individuals Public can have greater impact at state levelPublic can have greater impact at state level

WHERE ARE PROTECTIONS OF WHERE ARE PROTECTIONS OF INDIVIDUAL RIGHTS????INDIVIDUAL RIGHTS????

Federalists/Anti-FederalistsFederalists/Anti-Federalists

Federalists largely distrustful of publicFederalists largely distrustful of public

Anti federalists see participation as Anti federalists see participation as curbing govt. powercurbing govt. power

What do you think? What do you think?

How does this play out today?How does this play out today?

Federalist 10Federalist 10

Problem(s)Problem(s) FactionFaction

Interested in own good, not greater goodInterested in own good, not greater good Ensuring good leadershipEnsuring good leadership

Solutions- Minimize Citizen InputSolutions- Minimize Citizen Input Government can allow cooler heads to prevailGovernment can allow cooler heads to prevail Large DistrictsLarge Districts

Other solutionsOther solutions

Electoral CollegeElectoral College

Indirect election of senators Indirect election of senators

Keep certain conflicts out of governmentKeep certain conflicts out of government

What does this tell us? Mistrust of peopleWhat does this tell us? Mistrust of people

Basic Constitutional PrinciplesBasic Constitutional Principles

FederalismFederalism

Separation of PowersSeparation of Powers

Checks and BalancesChecks and Balances

All meant to limit the accumulation of All meant to limit the accumulation of power and potential for corruptionpower and potential for corruption

Federalist 51Federalist 51

Sheds light on organization of state and Sheds light on organization of state and logic for itlogic for it

What is the concern?What is the concern?

What is the assumption?What is the assumption?

What is the solution?What is the solution?

Federalist 51Federalist 51

Concern- How do we prevent tyranny by Concern- How do we prevent tyranny by the government? the government?

Assumption- People have desire for powerAssumption- People have desire for power

Solution- Divided power. Checks and Solution- Divided power. Checks and BalancesBalances

Additional Check-Federalism Additional Check-Federalism

Organizing a GovernmentOrganizing a Government

Separation of powersSeparation of powers

Three Branches, three different tasksThree Branches, three different tasks

Legislative-Make LawsLegislative-Make Laws

Executive-Enforce LawsExecutive-Enforce Laws

Judicial- Interpret and apply lawsJudicial- Interpret and apply laws

Separation of Powers/Checks and Separation of Powers/Checks and BalancesBalances

Each branch dependent on othersEach branch dependent on others

LegislativeLegislative

Main Duty- Writing LawsMain Duty- Writing Laws

LimitationsLimitations Executive- VetoesExecutive- Vetoes Judicial- Laws held UnconstitutionalJudicial- Laws held Unconstitutional

ExecutiveExecutive

Presidency (and now bureaucracy)Presidency (and now bureaucracy)

Duties- Enforcing laws, head of military, Duties- Enforcing laws, head of military, foreign affairsforeign affairs

LimitationsLimitations Legislative- Debates and votes on bills, power Legislative- Debates and votes on bills, power

to reject nominees, treaties, etc, can impeachto reject nominees, treaties, etc, can impeach Courts- Can hold actions unconstitutionalCourts- Can hold actions unconstitutional

JudicialJudicial

Duty-Interpret lawsDuty-Interpret laws

LimitationsLimitations Executive- Appoints JudgesExecutive- Appoints Judges Legislative- Confirms Judges, organizes Legislative- Confirms Judges, organizes

number of seats, can impeachnumber of seats, can impeach

Separation of PowersSeparation of Powers

Some debate about how well this has held Some debate about how well this has held upup

Many policies set by bureaucracyMany policies set by bureaucracy

President proposes legislationPresident proposes legislation

Congress and WarCongress and War

Judicial ActivismJudicial Activism

Are these “problems”?Are these “problems”?

Basic Constitutional PrinciplesBasic Constitutional Principles

FederalismFederalism

Separation of PowersSeparation of Powers

Checks and BalancesChecks and Balances

All meant to limit the accumulation of All meant to limit the accumulation of power and potential for corruptionpower and potential for corruption

Federalist 51Federalist 51

Sheds light on organization of state and Sheds light on organization of state and logic for itlogic for it

What is the concern?What is the concern?

What is the assumption?What is the assumption?

What is the solution?What is the solution?

Federalist 51Federalist 51

Concern- How do we prevent tyranny by Concern- How do we prevent tyranny by the government? the government?

Assumption- People have desire for powerAssumption- People have desire for power

Solution- Divided power. Checks and Solution- Divided power. Checks and BalancesBalances

Additional Check-Federalism Additional Check-Federalism

Organizing a GovernmentOrganizing a Government

Separation of powersSeparation of powers

Three Branches, three different tasksThree Branches, three different tasks

Legislative-Make LawsLegislative-Make Laws

Executive-Enforce LawsExecutive-Enforce Laws

Judicial- Interpret and apply lawsJudicial- Interpret and apply laws

Separation of Powers/Checks and Separation of Powers/Checks and BalancesBalances

Each branch dependent on othersEach branch dependent on others

LegislativeLegislative

Main Duty- Writing LawsMain Duty- Writing Laws

LimitationsLimitations Executive- VetoesExecutive- Vetoes Judicial- Laws held UnconstitutionalJudicial- Laws held Unconstitutional

ExecutiveExecutive

Presidency (and now bureaucracy)Presidency (and now bureaucracy)

Duties- Enforcing laws, head of military, Duties- Enforcing laws, head of military, foreign affairsforeign affairs

LimitationsLimitations Legislative- Debates and votes on bills, power Legislative- Debates and votes on bills, power

to reject nominees, treaties, etc, can impeachto reject nominees, treaties, etc, can impeach Courts- Can hold actions unconstitutionalCourts- Can hold actions unconstitutional

JudicialJudicial

Duty-Interpret lawsDuty-Interpret laws

LimitationsLimitations Executive- Appoints JudgesExecutive- Appoints Judges Legislative- Confirms Judges, organizes Legislative- Confirms Judges, organizes

number of seats, can impeachnumber of seats, can impeach

Separation of PowersSeparation of Powers

Some debate about how well this has held Some debate about how well this has held upup

Many policies set by bureaucracyMany policies set by bureaucracy

President proposes legislationPresident proposes legislation

Congress and WarCongress and War

Judicial ActivismJudicial Activism

Are these “problems”?Are these “problems”?

For ThursdayFor Thursday

Finish Constitution issuesFinish Constitution issues

Take up principle of FederalismTake up principle of Federalism

I’ll pass out paper assignmentI’ll pass out paper assignment