The Constitution I. Considerations that influenced the formulation and adoption of the Constitution A. Roots 1. Religious Freedom a) Puritan
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1 The Constitution I. Considerations that influenced the formulation and adoption of the Constitution A. Roots 1. Religious Freedom a) Puritan Theocracy (1) 9 of 13 had state church b) Rhode Island (1) Roger Williams c) Virginia Statute for Religious Freedom (1) Thomas Jefferson (2) First Amendment 2. Representative Government a) Jamestown 1619 b) Mayflower Compact 3. Individual Liberties Incorporated into Colonial Laws and Constitutions B. American Revolution 1. Reaction to Violations of Individual Liberties 2. Reaction to Tyranny of King George a) Concentration of Power 3. Reaction to Attack on Representative Government 4. Declaration of Independence a) Equality b) Natural Rights (1) Life, liberty, and pursuit of happiness (2) Purpose of government c) John Locke (1) Second Treatise on Government (2) Life, liberty, and property (3) Social Contract C. Articles of Confederation States wrote constitutions that guaranteed individual liberties 2. Confederation reflected views on state sovereignty 3. Created fragile league of friendship 4. Many Weaknesses a) Limited and Inadequate Central Government b) No Executive or Judicial Branches c) Congress Had Little Authority Over States or Citizenry 5. Annapolis Convention a) Alexander Hamilton b) Called for a Convention to Amend the Articles 6. Shays Rebellion a) Catalyst for Strengthening Articles b) Highlighted Need for Stronger Central Government D. Constitutional Convention The Delegates a) 55 of most influential men in the nation
2 b) Main Contributors (1) James Madison (a) Notes (2) Alexander Hamilton (3) George Washington (a) Presided c) Secret Proceedings 2. Consensus a) Republican Government (1) Representative Democracy (2) Although they distrusted the common people (a) House was the only body elected directly by the people (b) Senate (i) State Legislatures (ii) 17 th Amendment (c) President (i) Electoral College (d) Restrict voting to white male landowners (i) States determine voting qualifications b) Balanced Government Favoring the Protection of Property (1) An Economic Interpretation of the Constitution by Charles Beard c) National Government Consisting of a Supreme Legislative, Executive, and Judicial Branch d) Need for a Strong Executive and Independent Judiciary (1) Thought Legislative would be most powerful branch 3. Conflict and Compromise a) Large States v. Small States (1) NJ Plan (a) Small (b) Equal Representation (2) VA Plan (a) Large (b) Representation Based on Population (3) Great or Connecticut Compromise (a) Bicameral Legislature (i) House (a) Population (ii) Senate (a) Equal b) North v. South (1) 2/3 Majority in Senate to Ratify Treaties (a) South (2) 3/5 Compromise (3) End Slave Trade
3 E. Ratification 1. Nine States Necessary a) Violation of Articles 2. Federalists a) Favored Ratification b) The Federalist Papers (1) Madison, Hamilton, and John Jay (Publius) (2) New York (3) Meaning and Justification for Constitutional Provisions 3. Anti-Federalists a) Feared National Government was Too Strong b) Wanted Bill of Rights to Guarantee Individual Liberties c) Worried About States Rights d) George Mason (1) VA Declaration of Rights (2) Refused to sign Constitution e) Patrick Henry 4. Madison promised to introduce a Bill of Rights in first Congress in order to address Anti-Federalist concerns a) Madison originally believed government was limited enough under the Constitution that individual liberties would not be threatened b) Amendments he introduced were very similar to Mason s Declaration of Rights 5. All States Eventually Ratified a) Two largest states (VA and NY) were last to ratify II. Separation of Powers and the Constitution A. Three Branches 1. Legislative, Executive, and Judicial B. Checks and Balances 1. Each branch has a role in the actions of others yet is politically independent of others 2. Federalist 51 a) Madison b) Pluralism c) Ambition checks ambition d) No one group will have all the power 3. Powers of Each Branch a) Legislative-Congress-Makes Laws-Article I (1) Power of the Purse (2) Override Presidential Veto with 2/3 Vote of Both Houses (3) Propose Constitutional Amendments with 2/3 Vote (4) House Can Impeach President and Other Federal Officials Including Judges (5) Senate Confirms Senior Federal Appointments Including Judges (6) Money Bills Begin in House
4 (7) Senate Approves Treaties With 2/3 Vote (8) Senate Tries All Impeachments (9) Determines Number, Location, and Jurisdiction of Federal Courts (10) Declare War b) Executive-President-Enforces Laws-Article II (1) Veto Bills (2) Call Special Session of Congress (3) Pardon People Convicted of Federal Crimes (4) Nominate Officers of the U.S. Government Including Judges (5) Commander in Chief c) Judicial-Supreme Court and Lower Courts-Interprets Laws-Article III (1) Declare Executive Actions and Laws Unconstitutional (a) Judicial Review (i) Marbury v. Madison (1803) (ii) John Marshall (2) Appointed For Life (3) Chief Justice Presides in Presidential Impeachment Trials in the Senate C. The Living Constitution? 1. World s Oldest 2. Vagueness Leads to Judicial Interpretation a) Loose v. Strict Interpretation b) Original Intent? (1) Federalist Papers (2) Madison s Notes (3) Other Writings by the Framers 3. Formal Mechanisms for Change-Article V a) Amending the Constitution (1) Proposing Amendments (a) 2/3 of Both house of Congress (b) Convention Requested by State Legislatures in 2/3 of States (i) Never used (2) Ratifying Amendments (a) Two Methods-Congress Chooses Which One (i) ¾ of State Legislatures (ii) Specially Called Ratifying Conventions in ¾ of States (a) Only used for the 21 st Amendment (b) Supreme Court has said ratification must take place within a reasonable time (i) Sometimes a deadline is set (a) ERA
5 (ii) 27 th Amendment (a) Proposed in 1789 and ratified in 1992 (3) How It Has Been Used (a) To Guarantee Individual Liberties (i) Bill of Rights (a) First Ten Amendments (b) To Add or Subtract National Government Power (i) 11 th, 13 th, 16 th, 18 th, 21 st, and 27 th Amendments (c) To Expand the Electorate and Its Power (i) 15 th, 17 th, 19 th, 23 rd, 24 th, and 26 th Amendments (d) To Reduce the Electorate s Power (i) 22 nd Amendment (e) To Limit State Government Power (i) 13 th and 14 th Amendments as well as those that expand the electorate and its power (f) To Make Structural Changes in Government (i) 12 th, 20 th, and 25 th Amendments 4. Informal Methods of Change a) Judicial Interpretation (1) Judicial Review b) Congressional Elaboration and Interpretation (1) Judicial Branch (2) High Crimes and Misdemeanors c) Presidential Practices (1) Executive Orders (a) Full force of law (b) Can be rescinded by future presidents (2) Executive Privilege (a) U.S. v. Nixon (1974) (i) Exists, but not in criminal investigation (ii) Watergate Tapes (3) Propose Legislation Through a Member of Congress (a) Actively push for its passage (4) Leader in Foreign or Economic Crisis and Promotion of General welfare (a) World War II and Great Depression (i) FDR (a) Beginning of Modern ( Imperial ) Presidency (b) Beginning of Nuclear Age and Cold War (i) Leader of the Free World (ii) Commit Troops without Declaration of War (c) September 11
6 (d) Only one capable of swift action (i) Katrina? d) Custom and Usage (1) Emergence of Political Parties (a) Divided Government (2) Expansion of the Electorate and Move Toward More Direct democracy (a) States (i) Expansion of Suffrage (ii) Direct Primaries (iii) Initiative, Referendum, and Recall (b) 15 th, 19 th, and 26 th Amendments (c) Lower Voter Turnout (3) Establishment of Independent Agencies (4) Televised Press Conferences and State of the Union Addresses (5) Presidential and Vice Presidential Debates e) Changes in Technology (1) Radio and Television (a) President can appeal directly to public (b) Constant coverage of President (c) C-SPAN (d) 24 Hour a Day News Channels (i) Live coverage of events (2) Targeted Direct Mail (a) Campaign Tool (3) Nuclear Weapons (a) Increased presidential power (i) The Football (4) Internet (a) (b) Blogs (5) Polling (6) Cell Phones and Fax Machines (a) Instant Communication
7 Study Questions for the Constitution 1. Trace the historical developments that led to the Colonists break with Great Britain and the emergence of the new American nation. Pay particular attention to the First and Second Continental Congress and the Declaration of Independence and its connection to John Locke and the Social Contract Theory and the foundation of American government. 2. Identify the key components of the Articles of Confederation and the reasons why it failed including the significance of Shays Rebellion. 3. Outline the issues and compromises that were central to the writing of the U.S. Constitution. Include a description of the Virginia and New Jersey Plans and the Great and Three-fifths Compromises. What were the characteristics and motives of the Framers at the Constitutional Convention? How did they deal with the issue of slavery? Why did they create the Electoral College as opposed to a straight popular vote to elect the president? 4. Analyze and explain the basic principles of the U.S. Constitution such as separation of powers, checks and balances, and federalism. Summarize the content of the Articles of the Constitution with particular attention paid to enumerated powers, implied powers, the necessary and proper clause, full faith and credit clause, and supremacy clause. 5. Explain the conflicts between the Federalists and the Anti-Federalists that characterized the drive for the ratification of the Constitution. What role did the Federalist Papers and the Bill of Rights play in the drive for ratification? 6. Distinguish between the formal methods for proposing and ratifying amendments to the U.S. Constitution and analyze the various informal methods of amending the Constitution and the idea of a Living Costitution.
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