Chapter 2: Roots of the Constitution

Transcription

1 Chapter 2: Roots of the Constitution

2 Objectives: o Chapter 2:1:We will examine the roots of the new American nation and the circumstances surrounding the adoption of the Declaration of Independence and the colonists break from Great Britain.

3 (Luk 2:1) And it came to pass in those days, that there went out a decree from Caesar Augustus, that all the world should be taxed.

4 The Roots: o Colonists came to North America for variety reasons. o For commerce o Escape Religious Persecution

5 The Roots: o An ocean separated Great Britain from the colonies. o Colonists were independent people (statutory neglect). o The crown realized it could not govern the colonies like it did at home.

6 The Roots: o James I allows some local decision making. o First Electoral Colonial Assembly (The Virginia House of Burgess). o Elected General Court that governed Massachusetts Bay Colony.

7 Weakening Allegiance: o Almost all the colonists agreed that the King ruled by divine right o However the monarchs allowed the colonists significant liberties in terms of self government, religious practices, and economic organization.

8 Breaking Free From Tradition: o The 13 Colonies had their own written Constitutions (laws) of each colony. o Oppressive British traditions such as Feudalism was absent in the New World. o Land was abundant and for the taking. o Guild and craft systems did not exist in the colonies. o There is no single State Church like Britain. o Compulsory tithing was non-existent.

9 Trade and Taxation: o Britain justified strict import/export control of colonies of Mercantilism. o Mercantilism is designed to increase a nation s wealth through development of commercial industry. o And to have a favorable balance of trade.

10 Trade and Taxation: o Britain tried to regulate colonial imports and exports. o Believing exporting more goods than importing increased gold and silver in its treasury. o Navigation Acts passed to prevent rival nations such as a Holland from trading with the British colonies.

11 Unwritten Rule: o Colonists gave up the authority to regulate trade to the Crown and Parliament. o The British government would oversee international affairs. o The Colonists would retain the right to levy their own taxes.

12 Trade and Taxation: o This was put to the test in the French and Indian War. o A world war with France that was also fought in North America. o France lost and Britain gained lands east of the Mississippi River

13 Trade and Taxation: o Colonists expected they can expand westward with the Indians under control. o Britain seeking to honor treaties with Indians decreed that settlers cannot go west of the Allegheny Mountains. o Parliament believed that expansion to Indian territory would add more costs to Britain in defense of settlers. o Britain has yet to recover financially from the high cost of the French and Indian War.

14 Trade and Taxation: o To raise money to pay for the war and administration, Sugar Act of 1764 was passed. o The act placed taxes on sugar, wine, coffee, and other products commonly exported to the colonies.

15 Trade and Taxation: o There was a postwar depression that increased hatred for the tax. o In 1765 the Stamp Act was passed that required that all paper items, from playing cards to books bought and sold in the colonies carry a stamp mandated by the crown.

16 Colonist Fears: o The tax would set a precedence for the British parliament to regulate commerce IN the colonies. o Also raise revenues from the colonists without the approval of the colonial government. o The cry was taxation without representation.

17 Trade and Taxation: o Parliament went further as they passed the Quartering Act o The act required colonists to house British troops. o Gave rise to the Sons of Liberty who protested aggressively. o They also boycotted goods.

18 First Steps toward Independence: o In 1765, nine of the thirteen colonies sent representative to meet in New York City. o Samuel Adams called for the meeting to happen. o The meeting detailed a list of the crown s violations of the colonists and fundamental rights of the colonies. o Known as Stamp Act Congress. o First official meeting of the colonies and first step toward creating a unified nation.

19 First Steps toward Independence: o The Congress defined their view of proper relationship between colony and parliament. o A strong belief that parliament had no authority to tax without colonial representation. o Still declared loyalty to the King.

20 First Steps toward Independence: o Parliament believed that direct representation of the colonists was impractical. o Parliament represented the best interest of all the British including the colonies. o Parliament repealed the Stamp Act and revised the Sugar Act. o British merchants were losing large sums of money because of the boycotts and were upset.

21 First Steps toward Independence: o In 1767, Townshend Acts were passed. o Imposed duties of all kinds of colonial imports including tea.

22 First Steps toward Independence: o Tensions continued to run high as the British sent 4,000 troops to Boston. o This led to the clash called the Boston Massacre. o After the massacre all duties were lifted except tea.

23 First Steps toward Independence: o The tea tax, however continued to be a symbolic irritant. o In 1772, Committee of Correspondence was created at Samuel Adams Suggestion. o Its purpose to keep updated on the developments with the British. o Also molded public sentiment against the British.

24 First Steps toward Independence: o Despite dissent in Britain over the treatment of the colonies, another tea tax was passed. o To help the sales of the East India Company, a British exporter of tea. o This led to the Boston Tea Party.

25 First Steps toward Independence: o The crown responded with the Coercive Acts/Intolerable Acts. o Blockade of Boston Harbor. o Boston was cut off from many food stuffs until they paid back damage for the tea. o Another provision reinforced the Quartering Act. o It gave royal governors the authority to house British soldiers in the homes of local Boston Citizens.

26 The First Continental Congress: o The colonies untied. o Massachusetts and Virginia called for an assembly and all but Georgia met in Philadelphia from September 5 to October 26, o They adopted a resolution in opposition to the coercive acts. o Establish formal boycott on British goods.

27 The First Continental Congress: o The congress also drafted a Declaration of Rights and Resolves: o Called for colonial rights of petition and assembly, o trial by peers, o freedom from a standing army, o Selection of representative council to levy taxes. o The Congress agreed if the King would not accept these demands they would meet again.

28 Second Continental Congress: o King George III refused to yield. o A Second Continental Congress was deemed necessary. o Before it could meet fighting broke out in Lexington and Concord. o War started.

29 Second Continental Congress: o When the Second Continental Congress convened in Philadelphia in May o Delegates were untied by their increased hostility to Great Britain.

30 Second Continental Congress: o In a final attempt to avert conflict, adopted the Olive Branch Petition. o Asked the King to end hostilities. o King George III rejected the petition o Sent an additional 20,000 troops to quell the rebellion. o He labeled all in attendance traitors to the king and subject to death.

31 Second Continental Congress: o The Congress decided an army should be raised. o George Washington from Virginia was named commander in chief. o In January 1776, Thomas Paine wrote the pamphlet Common Sense o This pamphlet galvanized the colonies against reconciliation and turn to independence from Great Britain.

32 Second Continental Congress: o Virginia became the first colony to call for independence. o VA representative Richard Henry Lee proposed a call for independence. o Formation of foreign alliances. o Preparation for plans of confederation. o This triggered debate among colonists because it was essentially treason in the eyes of the crown punishable by death. o The delegates were given time to deliberate with their state governments on the next move.

33 The Declaration of Independence: o Committees were set up to consider each point of Richard Henry Lee s proposal. o A committee of five was selected to begin work on the Declaration of Independence. o The Congress selected Benjamin Franklin of Pennsylvania, John Adams of Massachusetts, Robert Livingston of New York, and Richard Sherman of Connecticut as members. o Adams also lobbied for Thomas Jefferson of Virginia.

34 The Declaration of Independence: o On July , twelve of the thirteen colonies with New York abstaining voted for independence. o Two days later, the Second Continental Congress voted to adopt the Declaration of Independence o On July 9, New York approved the Declaration and was read aloud in Philadelphia.

35 The Declaration of Independence: o Jefferson ended up writing most of the Declaration of Independence. o It was written in simple eloquent language. o It drew heavily from John Locke. o Locke in fact wrote South Carolina s first Constitution. o Even the words between the Declaration of Independence and Locke s Second Treatise of Civil Government were similar.

36 The Declaration of Independence: o Locke was a proponent of social contract theory which holds that governments exist based on the consent of the governed. o According to Locke, people agree to set up a government largely for the protection of property rights to preserve life and liberty, and to establish justice. o Individuals who give their consent to be governed exists for the good of its subjects and not for the benefits of those who govern. o Thus, rebellion is the ultimate sanction against a government that violates the rights of its citizens.

37 The Declaration of Independence: o Jefferson wanted a document that would stand for all time justifying their break with Great Britain. o Clarifying the notions of the proper form of government. o The Declaration listed the wrongs that the colonists suffered under British rule. o All pertain to the denial of the personal rights and liberties, many of which would later be guaranteed by the U.S. Constitution through the Bill of Rights.

38 The Declaration of Independence: o After the Declaration was signed and transmitted to the King, the Revolutionary War was fought. o In September 1776, at a peace conference on Staten Island, British General William Howe demanded the revocation of the Declaration of Independence. o Washington s army refused and the war raged on.

39 SHORT ANSWER How did political philosophers influence the Declaration of Independence?

40 Objectives: o 2.2: THE FIRST ATTEMPT AT GOVERNMENT: THE ARTICLES OF CONFEDERATION: o OBJECTIVE: Identify the key components of the Articles of Confederation and the reasons why it failed.

41 Php_2:2 Fulfil ye my joy, that ye be likeminded, having the same love, being of one accord, of one mind.

42 The Articles of Confederation: o The British had no written Constitution. o The Second Continental Congress attempted to write a legal document that has not been done before. o It was also done in the midst of the war.

43 The Articles of Confederation: o In 1777 the Articles of Confederation created. o A loose friendship between the thirteen sovereign or independent colonies or countries as some colonies called themselves. o It was passed by congress and presented to the state for ratification.

44 The Articles of Confederation: o The Articles created a type of government called a confederation or confederacy. o Britain had a unitary system where all the powers of government reside in the national government. o The national government in a confederation derives all of its powers directly from the states.

45 The Articles of Confederation: o The national government in a confederacy is weaker than the sum of its parts and the states. o Often consider themselves independent nation-states linked together only for limited purposes such as national defense.

46 GROUP ACTIVITY In the Articles of Confederation, list what powers do the National Government have and what powers do the State governments have?

47 Powers of the National Government: o Make peace, o Coin money, o Appoint officers for an army, o Control the post office, o Negotiate with Indian tribes.

48 The Articles of Confederation: o Each State retained independence and sovereignty. o States had ultimate authority to govern their own territories. o One vote in the Continental Congress for each state regardless of size. o The vote of nine states to pass any measure. o (A unanimous vote for any amendment). o The selection and payment of delegates to the Congress by their respective state legislatures.

49 The Articles of Confederation: o It was ratified in 1781 although flawed it help see the nation through the Revolutionary War. o But once the British surrendered, the government quickly fell into chaos.

50 RELAY GROUP ACTIVITY Each row goes to the board and list one problem of the Articles of Confederation. Whoever gets the most wins.

51 Problems Under the Articles of Confederation o Congress could rarely reach the quorum of nine states and rarely met. o When they did meet, there was little agreement on policy. o Congress had no power to tax and raise revenue to pay off war debts.

52 Problems Under the Articles of Confederation o Although the national government could coin money, it had no resources to back up the value of its currency. o Continental dollars were worth little. o Trade between states was chaotic as some states began to coin their own money.

53 Problems Under the Articles of Confederation o Congress could not regulate commerce among the states or with foreign nations. o As a result individual states attempted to enter into agreements with other countries. o Foreign nations were suspicious of trade agreements made with Congress.

54 Problems Under the Articles of Confederation o There was no executive branch that would be responsible for enforcing or implementing laws passed by Congress. o The drafters of the articles were fearful of a chief executive who would rule tyrannically. o Instead the president was merely presiding officer at meetings. o There was no judicial branch to handle disputes between the states.

55 Problems Under the Articles of Confederation o But the greatest weakness was the lack of a strong central government o During the war, the states acceded to the national government s authority to wage armed conflict.

56 Problems Under the Articles of Confederation o Once the war was over, each state resumed its sovereign status and was unwilling to give up rights (e.g., power to tax). o The national government was unable to force states to abide by the Second Treaty of Paris that officially ended the war. o The economy was in trouble because of crop failures causing farmers to go in debt.

57 Shay s Rebellion: o A 1786 rebellion in which an army of 1,500 disgruntled and angry farmers led by Daniel Shays marched to Springfield, Massachusetts. o Shays forcibly restrained the state court from foreclosing mortgages on their farms.

58 Shay s Rebellion: o The Congress authorized the secretary of war to call for a new national militia. o But all but Virginia refused to contribute money for the militia. o Private funds was used to fund the militia to put down the rebellion.

59 Shay s Rebellion: o The failure of Congress to raise a militia showed the weaknesses in the Articles of Confederation. o And it finally prompted several states to join together to call for a convention in Philadelphia in 1787.

60 SHORT ANSWER What were the Articles of Confederation?

61 Objectives: o Miracles at Philadelphia: Writing the U.S. Constitution 2.3 o OBJECTIVE: Outline the issues and compromises that were central to the writing of the U.S. Constitution.

62 Isa_1:18 Come now, and let us reason together, saith the LORD: though your sins be as scarlet, they shall be as white as snow; though they be red like crimson, they shall be as wool.

63 Introduction: o On 21 Feb 1787, the Constitutional Convention met in Philadelphia. o Its sole purpose was to revise the Articles of Confederation. o All the delegates were men hence founding fathers.

64 Introduction: o Most were quite young in their twenties and thirties with Franklin being the elder statement at 81. o Seventeen own slaves including George Washington, o and thirty one went to college, seven signed both the Constitution and Declaration of Independence.

65 GROUP ACTIVITY: Compare and contrast the Virginia and New Jersey plans and the Great Compromise.

66 The Virginia Plan: o Proposed by Edmund Randolph and written by James Madison. o Called for a national system based heavily on the European nation-state model. o The national government derives its powers from the people and not from the member states.

67 The Virginia Plan: o Creation of a powerful central government with three branches, legislative, executive, and judicial. o A two-house legislature. o One house elected directly by the people o The other chosen from among persons nominated by the state legislatures. o A legislature with power to select the executive and judiciary.

68 New Jersey Plan o Offered by the Small States. o Strengthening the Articles and not replacing them o Creating a one-house legislature with one vote for each state. o Representatives chosen by state legislatures. o Congress has the power to raise revenue from the duties on imports and from postal service fees. o Creating a Supreme Court with members appointed for life by the executive officers.

69 CONSTITUTIONAL COMRPOMISES: o The Final Constitution was shaped by Compromises. o The Great Compromise which concerned the form of the new government. o And the three-fifths compromise, which dealt with representation.

70 The Great Compromise: o The most serious disagreement concerned state representation in Congress. o Connecticut offered its own compromise. o Representation in the lower house would be determined by population. o Each state would have an equal vote in the upper house. o Still there was no agreement and a committee was formed.

71 The Great Compromise: o The committee proposal was known as the Great Compromise. o It takes ideas from both the Virginia and New Jersey Plans.

72 The Great Compromise: o Two house or bicameral legislature. o In one house of the legislature (later called the House of Representatives), there would be fifty-six representatives. o One representative for every 30,000 inhabitants. o Representatives would be elected directly by the people. o That house would have the power to originate all bills for raising and spending money.

73 The Great Compromise: o In the second house of the legislature (later called the Senate) each state would have an equal vote. o Senators would be selected by the state legislature.

74 The Great Compromise: o In dividing the power between the national and the state governments, national power would be supreme. o Ultimately all states approved.

75 The Great Compromise: o The smaller states were happy because they got equal representation in the Senate; o The larger states were satisfied with the proportional representation in the House of Representatives. o The small states then would dominate the Senate. o The larger states, such as Virginia and Pennsylvania would control the house. o But because both houses had to pass any legislation, nether body could dominate one another.

76 Issue of Slavery: o Slavery was a issue between the Northern and Southern States. o The South depended on slaves for their economy. o Eventually the Framers agreed that Northerners would support continuing the slave trade for twenty more years o As well as a twenty year ban on taxing exports to protect the cotton trade.

77 Issue of Slavery: o Southerners consented to a provision requiring only a majority vote on navigation laws. o The national government was given the authority to regulate foreign commerce (Trade with foreign nations).

78 Issue of Slavery: o It also agreed that the Senate would have the power to ratify treaties by a two-thirds majority. o Addressing fears of the Southern States who made up more than onethird of the nation.

79 Three-Fifths Compromise: o Issue of how to determine state populations for representation in the House. o Slaves could not vote. o Southern states wanted them included for purposes for determining population. o A compromise called the Three-fifths Compromise was reached.

80 Three-Fifths Compromise: o Each slave was to be counted as three-fifths of a person. o For purposes of determining population for representation in the U.S. House of Representatives.

81 Unfinished Business: o Framers next turn was the executive branch. o They agreed in a one person executive, but could not settle on the length of the term of office or how the executive is selected.

82 Unfinished Business: o Some delegates feared putting too much power upon the lower classes of people to select a president due to Shays Rebellion. o Representatives from smaller states feared the legislature choosing the executive gives additional power to larger states.

83 Unfinished Business: o The Committee of Unfinished Portions, was solely established to resolve differences concerning the executive branch. o The committee recommended that the presidential term of office be fixed at four years instead of seven as earlier proposed.

84 Unfinished Business: o The committee also made it possible for a president to serve more than one term. o Framers also created the Electoral College as a mechanism for selecting the chief executive of the new nation.

85 Electoral College: o Gave individual states a key role because each state would select electors to the number of representatives it had in the House and Senate. o It removed election of the president and vice president from both the Congress and the people. o And put it in the hands of the electors whose method of selection would be left to the states.

86 Unfinished Business: o Another provision included by the framers was the removal of the chief executive. o The House was given the sole responsibility of investigating and charging a president or vice president with Treason, Bribery, or other high Crimes and Misdemeanors. o A majority vote then would result in issuing articles of impeachment against the president or vice president. o Thus, the house would vote to bring charges against the president.

87 Unfinished Business: o The Senate was given the sole responsibility to try the president or Vice President on the charges issued by the house. o Thus the Senate acts as a trial court for the charges against the president.

88 Unfinished Business: o Two-thirds vote of the Senate was required to convict and remove the president or the vice president from office. o The Chief Justice of the U.S. was to preside over the Senate proceedings in place of the Vice President. o The Vice President normally presides over the Senate. o This was to prevent any conflict of interest on the president s part.

89 SHORT ANSWER Compare and contrast the New Jersey and Virginia Plans.

90 Chapter 2: The U.S. Constitution

91 Objectives: o 2.4: The U.S. Constitution; OBJECTIVE: Analyze the underlying principles of the U.S. Constitution.

92 Psa_99:4 The king's strength also loveth judgment; thou dost establish equity, thou executest judgment and righteousness in Jacob.

93 THE BASIC PRINCIPLES OF THE CONSTITUTION: o The U.S. Constitution opened with the line We the People. o This ended for at least the time being the question of where government derived its power. o It came directly from the people. o The next line explained for the new outline of government. o In order to form a more perfect Union.

94 Goals of the Constitution: o Establish Justice. o Insure domestic tranquility o Provide for the common defense, o Promote the general welfare o Secure the blessings of liberty to ourselves and our posterity.

95 Goals of the Constitution: o Followed by the formal creation of a new government. o Do ordain and establish this Constitution for the United States of America.

96 THE BASIC PRINCIPLES OF THE CONSTITUTION: o The structure of the new national government was influenced by French philosopher Montesquieu. o Montesquieu advocated the separation of powers and checks and balances. o Each branch of government has distinct functions.

97 Federalism: o The Framers believed that a strong national government was necessary for the new nation s survival. o They were reluctant to create a powerful government after the model of Great Britain.

98 Federalism: o They employed a Federal system that divides the power of the government between a strong national government and the individual states. o The national power being supreme. o The Federal/National Government derives its power from the citizens and not the states. o In the Articles of Confederation, power came from the states.

99 Federalism: o The division of government authority between the national and State governments checks power with power. o And providing the people with double security against governmental tyranny.

100 Separation of Powers: o James Madison and many of the framers feared putting too much power into the hands of anyone individual or branch of government. o Separation of Power is a way of parceling out power among the three branches of government.

101 Three Key Features of Separation of Powers: o Three distinct branches of government: The legislative, executive, and the judicial. o Three separately staffed branches of government to exercise these functions. o Constitutional equality and independence of each branch.

102 Separation of Powers: o The framers created a system in which law-making, law-enforcing, and law-interpreting functions were assigned to independent branches of government. o Only the legislature has the authority to make laws. o The chief executives enforces laws, o The judiciary interprets them.

103 Separation of Powers: o The Constitution originally placed the selection of senators directly with state legislators making them more accountable to the states. o The Seventeenth Amendment ratified in 1913 called for direct election of senators by the voters. o Making them directly accountable to the people, thereby making the system more democratic.

104 Separation of Powers: o The legislative power is invested in the Congress. o But the President also has legislative power via his ability to veto legislation. o Although his veto can be overridden by a two-thirds vote in Congress. o Judicial interpretation also helps to clarify the language or implementation of legislation enacted through this process. o There is interdependence between the branches.

105 Separation of Powers: o Congress is still entrusted in making laws. o The president is the single person who can easily capture the attention of the media and the electorate. o The President retains tremendous power setting the agenda and proposing legislation.

106 Separation of Powers: o Supreme Court s major function is to interpret the Constitution. o But also helped influence elections such as in 2000 where its decision helped George W. Bush win the presidency. o Decisions on criminal procedure (Miranda Rights/Right to Attorney) o Reproductive Rights (Abortion) o Civil Rights o Many critics charge that the Supreme Court has surpassed constitutional authority and become a law-making body.

107 Checks and Balances: o Powers of each branch. o The Two Houses of the national legislature. o The state and federal government legislatures. o Could be used to check the Executive and Judicial branches of the Federal Government.

108 Checks and Balances: o No branch has exclusive domain over the single activity. o The power of each branch are checked or limited. o The powers of each branch are balanced because the legislative, executive and judicial branches share some authority.

109 The Articles of the Constitution: o The first three articles established the three branches of government, o Defined their internal operations. o And clarified their relationships with one another. o All branches of government were technically considered equal. o Yet some initially appeared more equal than others.

110 Articles of the Constitution: o The order of the articles and the detail contained in the first three, reflects the framer s concern that these branches of government might abuse their powers. o The four remaining articles define the relationships among the states, o declare national law to be supreme, o Set out methods of amending the constitution.

111 ARTICLE I LEGISLATIVE BRANCH: o Article 1 vests all legislative powers in the Congress, o Establishes a bi-cameral legislature consisting of the Senate and the House of Representatives.

112 ARTICLE I LEGISLATIVE BRANCH: o It also sets qualifications for holding office in each house. o In terms of office, o the methods of selection of representatives and senators, o The system of apportionment (how many representatives) among the states to determine members of the House of Representatives.

113 ARTICLE I LEGISLATIVE BRANCH: o One of the most important sections of Article I Section 8 carefully lists the power the Framers wished the new Congress to possess. o These specified or enumerated powers contain many new powers that Congress did not have under the Articles of Confederation.

114 ARTICLE I LEGISLATIVE BRANCH: o Congress has the power to regulate commerce with foreign nations and among several states. o The authority to coin and raise money. o Lists seventeen specific powers in total.

115 ARTICLE I LEGISLATIVE BRANCH: o Congress to make all laws which shall be necessary and proper for carrying into execution the foregoing powers. o Often called the elastic clause, o This clause has allowed Congress to expand its activity beyond what the Framers envisioned. o The Elastic Clause has led Congress to pass laws that regulate the environment, welfare programs, and education and communication.

116 ARTICLE I LEGISLATIVE BRANCH: o The necessary and proper clause is the basis for the implied powers that Congress uses to execute its other powers. o Congress s enumerated powers to regulate commerce has been linked with the necessary and proper clause in a variety of U.S. Supreme Court Cases. o As a result, laws Congress passed banning prostitution, where travel across state lines is involved; o Regulating trains and planes, o Establishing federal minimum wage and maximum hour laws, o Mandating drug testing for certain workers are Constitutional.

117 ARTICLE II: EXECUTIVE BRANCH: o Executive power is the authority to execute the laws of the nation, is given to a president of the United States. o Section 1 set the president s term of office at four years and explains the Electoral College. o It also state the qualifications for office and describes a mechanism to replace the president in case of death, disability, or removal from office.

118 ARTICLE II: EXECUTIVE BRANCH: o The powers and duties of the president are set out in section 3. o Among the most important is the president s role as commander in chief of the armed forces. o The authority to make treaties with the consent of the Senate. o And the authority to appoint ambassadors and other public ministers and consuls, the judges of the Supreme Court, and all other offices of the United States.

119 ARTICLE II: EXECUTIVE BRANCH: o Article II instructs the president to report directly to Congress from time to time (State of the Union Address). o Section 4 provides the mechanism for removal of the president and vice president, and other officers of the United States for treason, bribery, or other high crime and misdemeanors. o Article II also limits the president to natural born U.S. Citizens.

120 ARTICLE III: Judiciary Branch o Establishes a Supreme Court and defines its jurisdiction. o State courts and national court system would exist side by side with distinct areas of authority. o Federal courts were given authority to decide cases arising under federal law. o The U.S. Supreme Court was also given the power to settle disputes between a state and the national government. o Ultimately it was up to the Supreme Court to determine what provisions of the Constitution actually meant.

121 ARTICLE III: o Judges were given appointments for life presuming good behavior. o And like the president, their salaries cannot be lowered while they hold office. o This provision was adopted to ensure that the legislature did not attempt to punish the Supreme Court or any other judges for unpopular decisions.

122 ARTICLES IV through VII: o The remainder of the articles in the Constitution attempted to anticipate problems that might occur in the operation of the new national government as well as its relation to the states. o Article IV begins with the full faith and credit clause. o This ensures judicial decrees and contracts made in one state will be binding and enforceable in any other state.

123 Article V o Specifies how amendments can be added to the Constitution. o The Bill of Rights which added ten amendments to the Constitution in 1791 was one of the first items of business of the first congress in 1789.

124 Article VI o Contains the Supremacy clause, which asserts the basic primacy of the Constitution and national law over the state laws and Constitutions. o The Supremacy Clause mandated that national law is supreme to that supersedes all other laws passed by the states of by any other subdivision of the government.

125 Article VI o Article VI states that no religious tests will be required for holding any office. o This mandate is strengthened by the separation of church and state guarantee added to the Constitution when the First Amendment was ratified.

126 Joh_18:36 Jesus answered, My kingdom is not of this world: if my kingdom were of this world, then would my servants fight, that I should not be delivered to the Jews: but now is my kingdom not from hence.

127 Article VII o The Seventh and final article of the Constitution concerns the procedures for ratification of the new Constitution: o Nine of thirteen states would have to agree to or ratify, its new provision before it would become the supreme law of the land.

128 SHORT ANSWERS 1. Name and discuss some of the similarities and differences in the Articles of Confederation and the Constitution. 2. Why did the Framers advocate for the separation of powers?

129 QUIZLET CHAPTER 2 REVIEW: Account: peterkchung4 AP CHAPTER 2

130 Objectives: o 2.5: The Drive for Ratification of the U.S. Constitution. o OBJECTIVE: Explain the conflicts that characterized the drive for ratification of the U.S. Constitution.

131 1Th_5:21 Prove all things; hold fast that which is good.

132 Public Reaction: o The general public was apprehensive of a distant national government.

133 WHO FAVORED THE CONSTITUTION: o Favored by wealthy merchants. o Lawyers. o Bankers. o Those who believed that the new nation could not continue to exist in the article of confederation.

134 Federalists Versus Anti-federalists: o Federalists favored the new strong national government. o Antifederalists argued that they simply wanted to protect state governments from tyranny of a too powerful national government.

135 The Federalist Papers o Eighty-Five political essays. o Written by Hamilton, Madison, John Jay in support of ratification of the Constitution. o The Anti-federalists responded with their own series of letters. o Written under the penname Brutus and Cato two ancient Romans who opposed tyranny.

136 The Federalist Papers o Antifederalists argued that a strong central government would make the states powerless. o They stressed that the strength of the government granted under the articles and that the articles created a true federal system.

137 The Federalist Papers o They also argued that a strong national government would tax heavily. o That the U.S. Supreme Court would overwhelm the states by invalidating state laws. o The president eventually would also have too much power as commander in chief of a large and powerful army.

138 Anti-Federalists Feared: o The power of the national government would overrun personal liberties of the people. o They proposed that the taxing power of congress be limited. o That the executive be curbed by a council, o That the military consist of state militias rather than a national force, o The jurisdiction of the Supreme Court be limited to prevent it from reviewing and potentially overturning the decisions of the state courts.

139 Concerns: o The greatest concern is the absence of the bill of rights in the Constitution. o James Madison answered these criticisms in Federalists Number 10 and 51). o Madison pointed out that the voters would not always succeed in electing enlightened statesmen. as their representatives.

140 Concerns: o Madison believed that the greatest threat to individual liberties would therefore come from factions within the government. o Who might place narrow interests above broader national interests of the right of citizens.

141 MADISON S ARGUMENT: o The organization of the new government would minimize the effects of political factions. o The great advantage of a federal system, that it created the happy combination of a national government too large to be controlled by any single faction; o Several state governments that would be smaller and more responsible to local needs.

142 The Federalist Papers o In Federalist No 51 he proposed federal government s separation of powers. o This would prohibit any one branch from either dominating the national government or violating the rights of citizens.

143 Ratifying the Constitution: o Ultimately all thirteen States ratified the Constitution with Rhode Island being the last to do so in 1790.

144 The Bill of Rights: o Once the Constitution was ratified, elections were held. o The Congress convened and sent out a set of amendments to the states for ratification.

145 The Bill of Rights: o Ten amendments were ratified by the necessary three-fourths of the states known as the Bill of Rights. o In 1791 accordance with the procedures set out in the Constitution.

146 The Bill of Rights: o Anti-Federalists wanted protection for individual liberties. o They offered numerous specific limitations on the national governments ability to interfere with a wide variety of personal liberties. o Some personal liberties were guaranteed by many state constitutions. o The Bill of Rights filled what the Anti- Federalists desired.

147 The Bill of Rights: o These include freedom of expression, speech, press, religion, and assembly guaranteed by the First Amendment. o The Bill of Rights also contains numerous guards for those accused of crimes. o Two Amendments were in direct reaction to British rule. o The Right to Bear Arms (Second Amendment). o Right not to have soldiers quartered in private homes (Third Amendment).

148 The Bill of Rights: o More general rights are also included in the Bill of Rights. o Ninth Amendment notes that these enumerated rights are not inclusive meaning they are not only rights to be enjoyed by the people. o The Tenth Amendment states that powers not given to the national government are reserved by the states or the people.

149 SHORT ANSWER What were the principal differences between the Federalists and the Anti-Federalists?

150 Objectives: o TOWARD REFORM: METHODS OF AMENDING THE U.S. CONSTITUTION o 2.6: Distinguish between the methods of proposing and ratifying amendments to the U.S. Constitution.

151 Amending the Constitution: o The framers did not want to fashion a government that could be too influenced by the whims of the people. o Therefore, they made the formal amendments process a slow one. o Only seventeen amendments have been added since the addition of the Bill of Rights.

152 ARTICLE V: AMENDMENT PROCESS (PROPOSAL AND RATIFICATION) o A vote of two-thirds of the members in both houses of Congress o A vote of two-thirds of the state legislatures specifically requesting Congress to call a national convention to propose amendments. o Second method has never been used.

153 Formal Methods of Amending the Constitution: o Ratification is when Congress votes to propose an amendment. o Two ways for ratification. o A favorable vote in three-fourths of the state legislatures. o A favorable vote in specially called ratifying conventions in threefourths of the states.

154 Formal Methods of Amending the Constitution: o The Constitution itself was ratified by the favorable votes of nine states in specially called ratifying conventions. o The framers feared that the power of special interests in state legislatures would prevent a positive vote on the new Constitution.

155 Formal Methods of Amending the Constitution: o Since ratification of the Constitution, only one ratifying convention has been called. o The Eighteenth Amendment (Prohibition) was ratified by the first method, a vote in the state legislatures. o The Twenty-first Amendment was proposed to repeal the eighteenth amendment after many broke the law.

156 Formal Methods of Amending the Constitution: o It was sent to the states for ratification but with a ratifying conventions not a vote in the state legislatures. o It was ratified quickly, otherwise state legislatures may have stalled its passage.

157 Informal Methods of Amending the Constitution: o Judicial interpretation and cultural and social change also has a major impact on the way the Constitution has evolved.

158 Judicial Interpretation: o Marbury v. Madison (1803), The federal courts had power to nullify acts of the nation s government when they were found to be in conflict with the Constitution. o This check on the other branches of government and on the states has increased the authority of the Court. o Judicial Review significantly altered the meaning of various provisions of the Constitution.

159 Judicial Interpretation: o Some argue that the Constitution be interpreted in its original intent. o While others argue that the framers knew that a changing society needed an elastic, flexible document that could adapt to the ages. o Likelihood the vagueness of the document was purposeful. o Those in attendance in Philadelphia understood they could not agree to everything and wisely left it to interpretation to future generations.

160 Social and Cultural Change: o Social changes has dictated changes in the constitution. o The constitution has evolved to accommodate such social and cultural changes. o For example, no specific amendment guaranteeing women equal protection but federal counts interpreted that the Constitution gives this right implied. o This recognizes the cultural and societal change.

161 Social and Cultural Change: o Social change has also caused changes in the way institutions of government act. o As problems such as the Great Depression appeared national in scope, Congress took on more and more power at the expense of the states.

162 SHORT ANSWER Thomas Jefferson wrote, The Constitution belongs to the living and not to the dead. A) Identify and explain one constitutional provision that illustrates Jefferson s statement. Give two examples of how the provision had an impact on public policy? B) Describe two ways the Constitution can be amended. Identify a constitutional amendment passed since 1960 and explain how the amendment changed public policy. QUIZLET LINK: