Chapter 1 Constitutional Convention. Facts about the Colonies. All of the colonies have in common is the coastline (13 colonies-13 States)

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1 Chapter 1 Constitutional Convention 1700: population 250, : 2 million 1790: 4 million Facts about the Colonies Around the revolution, roughly around 3 million 1800 median age was 16 All of the colonies have in common is the coastline (13 colonies-13 States) The trail of tears kicked of all indians off land to occupy it (remained this way until Jackson) All the cities and states are VERY different from what they are now Between 1676 (Bacon s Rebellion) and 1776 (Declaration of Independence) there were 18 uprisings against colonial governments, 6 major slave rebellions and 40 urban riots. Early Attempts at Self-Government Albany Plan of Union in First attempt to a constitution; first plan for uniting colonies; proposed by Franklin, you have a confederal system (state power), England would have a final say on what we did. This fails because the colonies do not want to give up any autonomy. It is an important model for inner colonial union. Connecticut was the first to write a state constitution Articles of Confederation and Perpetual Union- Goes into effect 1781; After the revolution, and it was a failure. The government lacked authority to set things up and lacked international relations. States organized their own armies and naves, and others had their own money. Trading across states was a mess. This lasts partially to civil war. Economic difficulties persisted after the war. Britain closed trade worldwide. Farmers suffered heavily after the war. Mostly farmers fought the war, and after got IOU S.To make up the money the government owes, they raise taxes and crap and the states start foreclosing on farms. People are losing property. Shay s Rebellion- Daniel Shay; farmer, marched to the courthouse to try and get it from opening so they can t foreclose their farms. January 17, Constitutional convention a year later. They are pushed back by the state militia. Massachusetts is

2 going crazy with riots, and states or government wouldn t help them. People were afraid of it becoming nationwide rioting. The rebellion is put down. Five months later, convention happened. This was big enough to cause it. State Constitutions The national government is ineffective Rhode Island is the last state to write constitution Each early constitution has a bill of rights (for those that did it) It was wanted in the national government to protects rights Virginia was the model for constitution All of these state governments had three branches Some states allowed all tax payers to vote, or own property, etc. Way to express themselves No establishment of religion- except two state; ended by 1791 THE FIRST CONSTITUTION THAT PROHIBITS A RELIGION TEST IS THE US CONSTITUTION IS BECAUSE WE HAD DIFFERENT COLONIES AND STATES THAT BECAME DIFFERENT THINGS Rhode Island was a secular state BECAUSE they were too religious This affects where people move to: if you were catholic, you go to Maryland, etc.. The Good and the Bad Pennsylvania's constitution was the most radical. They excluded slaves from voting The state constitutions had some glaring limitations, particularly by more recent standards. Religion Now we have to live with each other George Washington wrote of the period between the Treaty of Paris and the writing of the Constitution that the states were united only by a "rope of sand." The only thing we have in common is the shoreline Annapolis Convention- Maryland and Virginia are fighting over a river; five states show up, Alexander Hamilton- Hamilton is not really loyal to any states; he does not see himself as a New Yorker (american instead), his land is now known as Harlem Leads to Constitutional Convention in Philadelphia where we get the US constitution

3 Constitutional Convention Who are these guys? Ben Franklin Hamilton Jefferson Governor Morris James Madison- We know what went on because Madison was assigned to take notes in order to shut him up They are supposed to tweak the articles, but instead they tear them up and start over (it was technically treason) In order to keep this secret, they had a doorman Federal Convention in the Philadelphia State House in May delegates -- the average age was 42. Problems and Solutions? Problems with Articles of Confederation as Madison saw it The states are in no obligation to pay the national government (the national government couldn t get money because the states weren t getting money) States did not have to respect each other s borders (charging extra to move things, etc) Close each other s ports Any changes to be made had to be unanimous Anybody who doesn t show up to the meetings is counted as a no vote (Rhode Island) As a result, they could not pass any legislation because RI did not want to show up Virginia Plan It is the plan that the big states wanted. VP and PP were submitted on the same day 3 branch government A bicameral legislature (two houses) Both house's membership determined proportionately- This is why the big states like it (the more people you have in your state, the more you can run congress) The lower house was elected by the people The upper house was elected by the lower house The legislature was very powerful An executive was planned, but would exist to ensure the will of the legislature was carried out, and was so chosen by the legislature Formation of a judiciary, with life-terms of service appointed by legislature (could impeach any national officers)

4 The executive and some of the national judiciary would have the power to veto legislation, subject to override National veto power over any state legislation (national government can override anything they didn t like) (this was good for the big states) Pinckney's Plan First plan to call the executive a president Set representation The Cabinet is not constitutional (not in a constitution) Pinckney becomes governor of South Carolina and of the house Farthest thing from hamilton as you can get Madison didn t like him A bicameral legislature The lower house, the House of Delegates, was elected by the people, with proportional representation The upper house, the Senate, elected by the House of Delegates, four per state, with four year terms An executive called the President, elected by the legislature A Council of Revision consisting of the President and some or all of his Cabinet, with a veto over bills National veto power over any state legislation A judiciary was established New Jersey Plan William Paterson Responds to the Virginia Plan (two weeks later) Protects the small states to win their rights Closer to the articles of confederation Pretty much tweaked the articles Prime minister-like The current Congress was maintained, but granted new powers. For example, the Congress could set taxes and force their collection An executive, elected by Congress, was created - the Plan allowed for a multi-person executive The executives served a single term and were subject to recall based on the request of state governors A judiciary appointed by the executives, with life-terms of service Laws set by the Congress took precedence over state law

5 Each state gets the same number of delegates The states ultimately control who the executive is, and the executives control the judiciary One state, one vote More over, it protected the small states from the large ones by ensuring one state, one vote. Hamilton and British Plan Nobody supported this plan at ALL Made him seen like a monarchist DOES NOT TEST ON COMMITTEES OF STYLE So much national power, so it doesn t work A bicameral legislature The lower house, the Assembly, was elected by the people for three year terms The upper house, the Senate, elected by electors chosen by the people, and with a life-term of service An executive called the Governor, elected by electors and with a life-term of service The Governor had an absolute veto over bills (kills it immediately) A judiciary, with life-terms of service State governors appointed by the national legislature National veto power over any state legislation Connecticut or Great Compromise This was not a smooth process People left and chased flies House- proportional Sherman was a talker His opinion carried much weight The subject of suffrage in the houses of the legislature proposed in the prevailing Virginia Plan came to a debate on June 9, Roger Sherman of Connecticut

6 Chapter 2 Creating the Presidency Now what do we do? Don t want a monarch or a colonial type governor Many don t want a president like the new state s governors Serving one year, two year, no power, etc. Articles of Confederation had no chief executive They had a guy who is in charge of the legislative branch (close to speaker of the house) Washington was very popular and the first choice of most people At the time, we are very state based and biased; but he was a truly nationally known figure He was tall, popular, and everybody knew him Organizing the Presidency Weak or Powerful Executive? How many presidents? Unitary- Powerful guy who can do a lot (but not a king) or vise versa How did the age of the delegates break down on the vote for a unitary executive? Sherman wanted something like a prime minister (none of them could decide on what they wanted and how much power this person should have) What s Federalist 51 say? Talks about all of the branches of the government It is all about the cheeks and balance system But it is not possible to give each department the power of self defense Department means branch here This federalist paper is all about checks and balances of government Executive in Constitution is Commander in Chief of Army, Navy, and state militia when called into national service Think about the implications here What happens if presidency is plural? What happens if the army is loyal to president A and the navy is loyal to president B? What happens if presidency is not truly separate from legislative branch?

7 Executive Council This eventually becomes the cabinet, but it is not constitutional Idea bounced around Good? Bad? Gets eventually dropped What does it eventually become? Election of President About 20% of people are eligible to vote Direct election probs- The north has more eligible voters, but the south has more people. THE FUCK Legislative issues- If we let the legislature vote, the larger states are going to overwhelm; the states with the larger population will run the show Electoral College- political parties did not exist; they showed up halfway through Washington s term. A state level election where the states directly vote and then the states collect the votes, certify them, then transport them to the government to see who won each state. Then a set number of delegates are allocated to each state depending on the population. In order to become president, you have to get 50% plus 1. At the time, whoever gets the most votes becomes president and whoever gets second becomes vice. Options Direct Election Legislative Selection Electoral College How many years are we stuck with this guy? Should we allow him to be reelected? At the time, the guy can run for president as many times as he wants Constitutional amendment limits the presidency to two terms (later) If they want to do reelection, shorter terms would be better Issues Re-election Legislative selection If you want re-election, shorter terms better

8 How do we kick this guy out of power? We wanted shorter terms so we can kick these guys out eventually Impeachment for high crimes and misdemeanors- doing things that WE don t approve of What happens if the president is in a coma? We have had a female president before- Woodrow Wilson s Wife (she loved her husband and didn t want people to see her husband as disabled and unable to do his job) If the president is unable to serve, there is a certification process that has to take place Impeachment British Tradition Old Snarky Rumors of Lord Cornbury- dressed in drag and was an embarrassment Do we need it with short terms Disability or Inability Checks on the Office The president needs to draw a salary, otherwise nothing but rich people will be president They didn t want the legislature to run the show and control the president s salary You cannot change the salary while the president is serving, and the president cannot take bribes Legislators USED to not be able to run for president Salary Washington made: $25,000 (about $312,000 in 2008 adjusted for inflation) Obama makes $400,000 Presidents have made this amount since 2001 No pay raises for sitting presidents Before 2001, the last pay raise was in 1969 when it went from $100,000 to $200,000 (200k in 1969 is the same as $1,161,905 in 2008) How many government jobs?: the president can only be PRESIDENT. he cannot be senator, judge, governor, etc. The Enumerated Powers aka Explicit Powers in Constitution The powers that are written down that the president gets VETOS are pretty much used to veto legislation and put the brakes on legislation, but they do have the option to revote Absolute veto is sorta like a king ]\; president vetoes and it is dead immediately The ultimate decision is that it is 2/3rds vote and pocket veto When you get within ten days of the end of session, if the president does not sign it, then it

9 becomes a veto Veto Absolute? Ultimate decision Vesting Clause Check out the differences between the vesting clause for Executive and Legislative Executive: exec power shall be vested in a president of the USA Legislative: all legislative powers grants herein shall be vested to the Congress of the USA Why does this matter? The allotment of power The power is given to the guy (president) Legislative: all the power in the constitution is the power given to congress (Congress only gets power inside of constitution) It restricts the legislative branch from growing too much, More Enumerated Powers Commander in Chief of the Military Congress gets to make and declare war though Controls purse strings too (congress can control the president through everything that they send to armed forces and the president can send troops wherever he wants) So.. Who gets to order the troops? Major Concern Point to Debate Pardons & Reprieves (Pardons erase a crime that you did, but a reprieve is when you can now get out of prison and that you have served enough) The only unchecked power of the constitution But, presidents have to comply to the court (if he murders someone, he cannot be arrested while president but can be impeached and will be trailed after) Give the president the power of a king? Why is this significant Make Treaties- In the articles, states were given the power to make treaties (president can make treaties but the senate has to approve it) Executive agreement- noneunmerated power where a foreign leader can make an

10 agreement with the president, but the treaty cannot supersede american law Appointments and Commissions- The senate has to approve all of the president s appointments When congress is not in session, the president can appoint anyone he wants without the approval of congress (temporary appointments) And yet more Powers Advisory Role to Congress This power has morphed into the State of the Union Address Convene and Adjourn Congress- Has the power to call up congress and say to leave (end session) FDR called congress to passed new deal stuff Receive Ambassadors Take Care Clause- The president is obligated to take care that the laws are faithfully executed So what are the rules for joining the President Club? 35 years old- Oldest of all of the criteria (you were seen as wise and experience Natural born citizen or citizen at time of Constitution s adoption Resident for at least 14 years (they want someone who is loyal to the U.S. and not another country) Have you noticed that you had to own property to vote, but not to be president? Vice President Primary Job: wait around for president to die Position considered an afterthought Up until 1974, the VP did not have a house VP did not have office space (LBJ fist VP to have it) Also was originally runner up to presidency President of Senate: cast tie breaking votes (top officer in the senate) (counts votes from electoral college) Succession (up until an amendment, nobody replaced the VP) Replaces president if he dies, but who replaces the VP? (john tyler story) (nobody replaces the VP and the president just serves without one. Is he an acting president until a special election, or what? The constitution is unclear regarding the vice president In all, 55 delegates attended the Constitutional Convention sessions, but only 39 actually signed the Constitution. ( * indicates delegates who did not sign the Constitution) Connecticut Maryland New Jersey Pennsylvania

11 Chapter 3 Bringing the Constitutional Presidency to Life : George Washington & John Adams Washington: Reluctant President? Willingness to surrender power To Congress in 1783 Reluctance to serve a 2 nd term (he gets talked into it) ( sides with hamilton) Refusal to serve a 3 rd term (he does not want to serve because he does not want to die in office and set up the idea that presidents die) All the other founding fathers thought he was an idiot (read the newspaper, not philosophy He was very good at understanding the tone of the American people Initially, he had more people working for him at Mount Vernon than in the entire new federal government 1789 movement to turn country into an elected monarchy The idea of electing a monarchy was floating around the public (hamilton idea) Washington What was his initial favorite title? (His high mightiness) (talked in third person) Washington consulted cabinet (advisors) frequently but insisted government people with one voice (He has a cabinet to help him do the job- but washington wants to be the voice) Cabinet: State, Treasury, War Controlling the Senate Fills all the government positions himself at the time Advice and Consent of the senate for Treaties (the only president to ever do this) (nowadays, people use only consent of senate) (washington is ignored) ( he would be damned if he ever went there again) (NOWADAYS, NO ONE GOES TO THE SENATE TO ADVICE FOR TREATIES. Role in Foreign Affairs Does Approval of appointments (to confirm) mean you also need approval to fire appointments? (CLEVELAND GETS THIS REMOVED) (The constitution is unclear- Tenure of Office Act- If the senate has to confirm presidential hires, then the senate must approve of appointments (removed)

12 Making a new nation Washington understood importance of symbols (to show that we are american) Portraits Birthday celebrations Tours of country: 1789 & 1791 (to show that he is real and not a king) The president s presidents office and house was open to the public Whiskey Rebellion Big event during Washington s presidency If you made whiskey, you were taxed Western Pennsylvania was super rural Most farms had whiskey due to having extra crops Moonshining- massive tax avoidance Tar and feather tax collectors Washington orders that this rebellion disperse and leave (backing up Pennsylvania) and marches into western PA with the troops and before he gets there, they disperse 1794 excise tax on whiskey Contentious especially in western PA West PA avoided paying taxes since 1791 Mass defiance Aug 7 Washington orders disperse and retire peacefully Army assembled and marched into West PA with Washington in charge of troops What s going on with political parties? Both sides don t consider each other legitimate The order of Cincinatus- had to prove service in the revolutionary war and be a male, and the membership was passed to your oldest son The reason it is called Cincinnati because they all moved to the Ohio territory Federalists Didn t consider themselves a party because they are the ones in charge and running the government Jefferson Republicans (antifederalists) (believed in states rights) Considered themselves a party and an opposition to those who might be trying to create a monarchy and keep the federalists in check from creating a monarchy Neither group considered the other legitimate Who were the leaders? Jefferson and Hamilton