Learning Goal. Main Points 10/24/2012. Discuss the philosophical underpinnings of the U.S. Constitution.

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1 Learning Goal Discuss the philosophical underpinnings of the U.S. Constitution. Main Points The weaknesses of the Articles of Confederation led to the adoption of a new form of government Federalism becomes the issue of contention Influences come from England s system and the Enlightenment Delegates convene in Philadelphia 1

2 The Articles of Confederation Adopted 1777 State legislatures decide how to select delegates to Congress Each state has one vote No real president or executive branch to check Congress Congress has power to declare war, manage foreign affairs Challenges with the Articles Settling national debt Paper money controversy Payment of soldiers Shay s Rebellion ( ) Pirates of North Africa Enforcing Treaty of Paris (on British and states) Western lands and the Northwest Ordinance (1787) Weaknesses of the Articles Congress has no power to tax, must beg states Cannot control supply of money, states print own No power to maintain a standing army at mercy of state militias Need nine votes out of 13 to accomplish anything (one state, one vote) Need unanimous vote of all 13 states to amend Articles (so as to allow taxation, for example) 2

3 Constitutional Convention The problems that existed under the Articles of Confederation led twelve states to send delegates to Philadelphia in Constitutional Convention The delegates were only supposed to revise the Articles of Confederation, not write a new constitution. George Washington was the leader. Origins of the Convention Annapolis Convention, 1786 calls for convention on trade and commerce to amend Articles of Confederation Philadelphia, delegates from 12 states (no Rhode Island) meet for Constitutional Convention Iroquois confederation provides example for combining independent nations into a larger government (Franklin Stamp Act Assembly) 3

4 Constitutional Convention Definition of Government The body given the authority to carry out binding decisions for a community. Powers of Government Legislative power to make laws Executive power to carry out laws. Judicial power to apply the laws to specific situations Constitutional Convention Republican Government The first Americans had many types of government to choose from. Monarchy Constitutional monarchy Republic The colonists chose a democratic republic. Rule by popularly elected representatives. Power rests with the people Influences The influence of historic documents. Magna Carta limits the power of English Kings; grants some rights to nobles only. Due process Clause 39 (under John, 29 Edward) "No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land. 5 th and 14 th amendments 4

5 Influences English Bill of Rights provides rights to all English citizens. Freedom of speech Right to petition Right to arms No cruel or unusual punishment No excessive bail Free elections Founding Ideals Declaration of Independence proclaims that that US is independent from Great Britain; states that all men are created equal. 1. Equality 2. Rights 3. Liberty 4. Opportunity 5. Democracy Principles Fundamental Principles of the Constitution The Constitution provided a strong national government. Federalism created a separation of power between states and the national government. A system of checks and balances assured that no one branch of government would become too strong 5

6 5. The Council of the Mohawk shall be divided into three parties as follows: Tekarihoken, Ayonhwhathah and Shadekariwade are the first party; Sharenhowaneh, Deyoenhegwenh and Oghrenghrehgowah are the second party, and Dehennakrineh, Aghstawenserenthah and Shoskoharowaneh are the third party. The third party is to listen only to the discussion of the first and second parties and if an error is made or the proceeding is irregular they are to call attention to it, and when the case is right and properly decided by the two parties they shall confirm the decision of the two parties and refer the case to the Seneca Lords for their decision. When the Seneca Lords have decided in accord with the Mohawk Lords, the case or question shall be referred to the Cayuga and Oneida Lords on the opposite side of the house. Source: The Constitution of the Iroquois Nations What Constitutional principle does this passage reflect? Principles Protection of Individual Liberties During the ratification process, many people objected to the constitution s lack of a bill of rights to protect individuals. The first Congress added a Bill of Rights to the Constitution by adding the first 10 Amendments. Voltaire Freedom of thought and expression Fights for tolerance Influenced U.S. Bill of Rights and French Declaration of the Rights of Man and Citizen European monarchs reduce or eliminate censorship 6

7 Montesquieu Separation of Powers Power should be a check to power. France, United States, and Latin American nations use separation of powers in new constitutions Beccaria Abolishment of Torture Believed law was to preserve social order, not avenge crimes Influenced law reformers in Europe and North America Influence present in U.S. Bill of Rights Drafting the Constitution Members of the constitutional convention decided to abandon the Articles of Confederation. Delegates believed a stronger national government was needed. Compromises were made to settle differences. Number of representatives in the House & Senate How slaves were counted 7

8 Learning Goal Understand the major compromises through the creation of the U.S. Constitution. Compromising Virginia Plan: Proportional representation, president selected by legislature New Jersey Plan: One state, one vote (like Articles of Confederation) Working with a partner, make a plan that satisfies both points of view. Great Compromise Compromise: House of Representatives elected proportionally by the people, two senators selected by each state legislature. President selected by Electoral College Slavery: Southerners want to continue slave trade, count slaves when allocating seats in legislature. Northerners opposed. Compromise: Slave trade may continue for 20 years, slaves counted as 3/5 of a person 8

9 Expanding, Limiting Power Legislative branch Simple majority needed to pass laws much less than Articles of Confederation Congress gets power to tax, control money supply Congress may raise army, declare war Executive branch President commander in chief of armed forces President selected by electors voted for by the people (not by Congress) President has power to veto laws passed by Congress President appoints judges Senate confirms judges Judicial branch Marbury v. Madison (1803) establishes judicial review Supreme Court may strike down unconstitutional laws Ratification of the Constitution For the Constitution to become law, nine of the thirteen states would have to ratify it. People around the country debated the issue. Ratification of the Constitution Alexander Hamilton, James Madison, and John Jay wrote a series of essays supporting the new Constitution. The essays, published in newspapers, became known as the Federalist Papers. People who didn t like the new constitution wrote essays that became known as the Antifederalist Papers. 9

10 Ratification of the Constitution By the end of 1788, twelve states had voted to ratify the constitution. The new Constitution went into effect in early Summary Used ideas of Locke, Montesquieu, Rousseau and Voltaire Created a Federal Republic Power is divided between the national, or federal government, and the states (federalism) Separation of powers Bill of Rights added later Federalist Papers Writing campaign to convince American citizens to ratify the new Constitution First President: George Washington. 10