Ap Chapter 2

Constitution!

Articles of Confederation

English Philosophers

Declaration of Independence

• The Founding Fathers created the Constitution to be the supreme law of all of the United States of America • It is called a “living document” because of its ability to grow and change with the times.

The original John Locke

Basic Ideology • The Founders (Jefferson, Adams, Franklin, Roger Sherman, and Robert Livingston included ideas from Enlightenment thinkers such as Locke, Rousseau, and Montesquieu in the Declaration. • By looking at Locke, you will notice many similarities in the language and ideas used. – Natural rights as they relate to life, liberty, and property. – The consent of the governed – Concept of limited government Not him

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The Grievances – This part is the “case” against Great Britain – taxation without representation – unjust trials – quartering of British soldiers – abolition of colonial assemblies – policy of mercantilism

Major parts of the document •Philosophical Basis –The Declaration establishes “unalienable rights” as the cornerstone of natural rights. –limited governments are formed receiving their powers from “the consent of the governed”

Britain

Colonies

• The Statement of Separation – Jefferson said that the colonists had no choice but to revolt. – England had a supreme navy and resources that could support a war…the colonists had knowledge of the land, leadership, and a desire to be free

Founders tried to create a government based on the idea of the consent of the governed.

• Even though the Founders said that “all men are created equal” this was only meant to apply to white male colonists. • Property as an indicator of wealth and status was also a requirement for political office

(Didn’t work)

(Bad idea)

(No president!)

The first government of the United States, the Articles of Confederation, relied on the states to make the decisions that would ultimately determine whether the new nation would survive. I love my State!

Me Too!

Me Too!

A weak national government • one-house (unicameral) Congress • no chief executive or national court system • legislation had to have a 2/3 majority to be passed, and amendments had to have unanimous consent

Dominant state governments • imposed tariffs on each other • created their own currency • refused to amend the Articles

• Northwest Ordinance, which abolished slavery in the newly acquired northwest territories

• developed on the state level • led to opposing political parties (Federalists and Anti-Federalists)

• Farmers returning from the Revolutionary War were faced with extremely high taxes, for which they had no money to pay • Farms were taken from the farmers who could not pay • Daniel Shays led a group of farmers to take over the Massachusetts State Armory • Revolt succeeded in pointing out the many problems faced by the new government

The Constitution

• With the exception of Rhode Island, the rest of the states sent 55 delegates to the Constitutional Convention in Philadelphia in 1789 • Make-up of the delegation – All men – Average age – 42 (Ben Franklin was oldest at 81) – Most had important roles in the Revolution – Most had served in their state legislatures – None were poor – Some, but not all, had attended college (31) – Many were merchants, lawyers, farmers, and bankers

• Original intent of the Convention was just to REFORM the Articles. • They shared a cynical belief that people could NOT be given the power to govern freely, so checks had to be put into place. Many state constitutions already included checks and balances.

• Major disagreement was over representation in Congress – two plans developed

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Virginia Plan • Proposed by Edmund Randolph of Virginia • Bicameral Legislature based on population • Lower house popularly elected • Upper house to be chosen from lists provided by the state legislatures

New Jersey Plan • Proposed by William Patterson of New Jersey • Unicameral Legislature where each state would be equally represented

• Congress would be bicameral (from the Virginia Plan) • The lower house was made of members that were popularly elected and was based on state population (from the Virginia Plan) • The upper house had equal representation for each state (from the New Jersey Plan) • All spending bills had to originate in the lower house We Agree!

• dealt with the issue of representation in the lower house • most slave-holding states favored having slaves included in the population count • for taxation purposes, each slave would be counted as 3/5 of a person

State governments could not tax imports from other states or foreign nations

In exchange for the southern support of the Commerce Compromise, the convention said that it would not take any action on slavery for 20 years.

• MUCH easier than under AOC • The US Constitution has only changed 27 times since it was originally ratified – This makes it one of the world’s strongest and longest lasting governments.

Issues dealt with by amendments and their locations • Civil Rights – 1-9, 13, and 14 • Governmental Power and Function – 10, 11, 16 and 27 • Election Rules and Office Holding - 12, 17, 20, 22 and 25 • Social Concerns – 18 and 21 • Voting Rights – 15, 19, 23, 24, and 26

Proposals: •2/3rds vote in both houses of Congress •National convention called by Congress at the request of 2/3rds of the state legislatures  

Ratification: • By legislatures in 3/4ths of the states • By conventions in 3/4ths of the states

Judicial Interpretation •

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In this instance, the Constitution is not actually added to in writing, but rather changed through the actions of the federal courts. By saying parts of the Constitution mean one thing rather than another, the courts effectively change the “meaning” of the Constitution.

Political Practice • In this instance, the Constitution is not actually changed in writing, but rather through the actions of presidents and Congress setting “precedents” • Two major examples – There is no formal mention of a Presidential Cabinet in the Constitution, but all presidents have had one and it eventually became the mode of normal operations for US government. – President Washington began a “No Third Term” tradition that each president after him willingly followed (without the Constitution telling them that they could not serve more than two terms) until FDR and the passage of the 22nd Amendment.

Two terms are enough!

Federalists • Federalists, led by Hamilton, Jay, and Madison, wrote a collection of essays supporting the ratification of the Constitution. They used the pseudonym Publius.

Federalists

Anti-federalists

Whigs

Anti-Federalists • Led by George Mason and Richard Henry Lee wrote their own papers called The Pennsylvania Packet, and Letters from the Federal Farmer, under the pseudonym Brutus. • Their biggest complaint was the lack of a bill of rights.

Lee

Mason

Go America! Much better!

Three branches!

Success!

Smoother government!

• The Preamble defines the objective of the document – – – –

form a more perfect union establish justice ensure domestic tranquility provide for the common defense – promote the general welfare – secure the blessings of liberty

I may be old but I feel great!

• major factors affecting the Constitution’s longevity – – – – – –

separation of powers checks and balances elastic clause reserved power for the states rights guaranteed to the citizens precedents and traditions creating unwritten Constitution – amendment process

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Article I • broadly defines the legislative powers of Congress • splits responsibility between a bicameral legislature. • House of Representatives – Representation based on population – Most responsible to the people • Senate – Make-up based on equal representation – Joins with the House to pass laws • rules governing impeachment are also spelled out

Article II • determines the nature of the chief executive • powers are not as clearly spelled out as in Art. I – major responsibility is to administer and execute the laws of the US

• signs bills passed by Congress into law • also outlines the mechanics of the Electoral College and determines the procedures to take place should one candidate not receive a majority of the electoral vote

Article III • outlines the nature of the judicial branch • this is the most vague article when it comes to qualifications of its members • refers to the Supreme Court – manner in which cases get there

House…. – 435 members

based on decennial census – term of office – 2 years – must be 25 years old, US citizen for seven years, and an inhabitant of the state they represent – brings impeachment charges

SENATE – 100 members based on equal suffrage for each state – term of office – 6 years – must be 30 years old, US citizen for nine years, and a resident of the state they represent – tries all impeachment trials

• also known as delegated powers, since they are specifically written out • listed in Article I, Section 8 – power to tax – borrow money – regulate commerce If I say – coin money so. – Creating post offices – establishing lower federal courts – declare war – raise and support a navy and army

• Article I, Section 8, Clause 18 is known as the “elastic clause” or the “necessary and proper clause” • It states that Congress has the power to “…make all laws necessary and proper for carrying into execution the foregoing powers…” • Gives Congress the power to broadly interpret their powers

• Strictest qualifications of the three branches – 35 years old – Natural born citizen – resident of the US for at least 14 years • term of office is 4 years, limited to 2 terms (22nd Amendment) • specific powers are spelled out in Article II, Sections 2 and 3 – commander in chief – grant pardons – make treaties (with consent of Senate) – power to sign or veto legislation – duty to give Congress the State of the Union report at least once a year

• power of the president has been on a steady rise since the days of FDR’s New Deal (creating a large bureaucracy) • also known as the head of his political party • VP’s powers are also spelled out in Article II – only specific power is to cast a tie-breaking vote in the Senate – also next in line to succeed the POTUS should he die in office (25th Amendment)

• No specific qualifications for office • “hold their offices during good behavior” • life terms for appointment • Major power is that of “judicial review” • Absolutely no accountability to voters

Most significant feature of checks and balances is that it continually proves that our government is limited.