The Constitution
History! European Influence! European Enlightenment Scientific Revolution of the 16 th and 17 th centuries, basis of modern science.! European philosophers were strongly criticizing governments dominated by monarchy and colonialism.
The Social Contract 1600s! Hobbes and Locke - Hobbes and Locke - believed that in the state of nature people are naturally free and equal and argued that freedom led inevitably to inequality, and eventually to chaos.
Thomas Hobbes! Believed that people are naturally selfish and greedy, and if not strictly controlled, they will fight, rob, and try to control one another.! Absolute monarch
John Locke! Agreed with Hobbes! Argued that people have natural rights from the state of nature that include the right to life, liberty, and property.! people form governments to protect these natural rights, giving up their freedom to govern themselves through a social contract! social contract an agreement between rulers and citizens that both sides are obligated to honor.
Locke Jefferson: Declaration of Independence Locke:! When any one, or more, shall take upon them to make laws whom the people have not appointed so to do, they make laws without authority, which the people are not therefore bound to obey; by which means they come again to be out of subjection, and may institute to themselves a new legislature. Jefferson:! When in the course of human events, it becomes necessary for one people to dissolve the political bands that have connected them with another, and to assume, among the powers of the earth, the separate and equal station to which the laws of nature and of nature s God entitle them.
Locke! Whosoever uses force without right puts himself into a state of war with those against whom he so uses it, and in that state all former ties are canceled, all other rights cease, and every one has a right to defend himself, and to resist the aggressor. Jefferson! But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government.
Locke:! A state also of equality, wherein all the power and jurisdiction is reciprocal, no one having more than another! [men] have a mind to unite for the mutual preservation of their lives, liberties, and.property. Jefferson:! We hold these truths to be self-evident: That all mea are created equal;! that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness.
Locke:! To great and chief end, therefore, of men uniting into commonwealths, and putting themselves under government, is the preservation of their property Jefferson! that to secure these rights, government are instituted among men, deriving their just powers from the consent of the goverened.
The Constitution! Based on five great principles designed to achieve balanced order with liberty.! Popular sovereignty! Separation of powers! Checks and balances! Limited government! Federalism
Articles of Confederation! Written during the Revolutionary War to provide unity for the separate states that formed the new country.! Allowed state governments to retain their powers
Limitations to the Articles! Equal state representation in the central government.! No executive or judicial branches! Could not levy taxes.! Could not regulate commerce between states.! No law enforcing powers! Unanimous vote for amending the Articles! States retained all powers not specifically granted to Congress! 9 of 13 states were necessary to pass legislation.
Background to the Convention! When the Revolution was over there was no need for unity.! States quarreled over borders and tariffs! Country was badly in debt! Foreign countries saw a lack of strong central government as weakness that could be exploited.! Shay s Rebellion caused great fear of states collapsing turning point
Constitutional Convention! 55 delegates from 12 states, May 1787! Alexander Hamilton leading proponent of a strong, centralized government! George Washington the chairman of the Convention, and the most prestigious member, who also supported a strong centralized government.! James Madison a young, well-read delegate from Virginia, who is usually credited with writing large parts of the Constitution.! Benjamin Franklin 81 year-old delegate from Pennsylvania, who had attended the Continental Congress in 1776
Delegates that were absent:! Thomas Jefferson was serving as ambassador to France.! John Adams, ambassador to England.! Patrick Henry refused to come because he smelt a rat! Samuel Adams was not selected by Massachusetts to attend.
! The Plans! Virginia Plan! New Jersey Plan! The Great Compromise
The Virginia Plan! 3 branches of govt.! Bicameral legislature! Representation based on upon state population! Lower house popularly elected! Upper house elected by lower house
The New Jersey Plan! A plural executive! Supreme court appt for life by executive! Unicameral legislature! representatives elected by state legislature! Equal representation
The Great Compromise! AKA Connecticut Compromise! 3 separate branches of government:! Executive! Legislative! Judicial! Bicameral legislature! House of Representatives rep. by population! Senate equal rep. by states
! Three-Fifths Compromise! 3/5 of the slave population would be counted in determining representation, but they also were to be counted in figuring direct taxes! Electoral college
! All but 3 of the 55 delegates signed the document on September 17, 1787! The drafting of the constitution took about three months! The document has lasted over 200 years, making it the longest lasting Constitution in world history.
Amending the Constitution! Formal Amendment changing the actual words of the constitution - four methods! Proposed by 2/3 vote of each house of Congress and ratified by at least ¾ state legislatures.! Proposed by 2/3 vote of each house of Congress ratified by specially called conventions in at least ¾ of the states! Proposed by a national constitutional convention requested by at least 2/3 or state legislatures and ratified by at least ¾ of the state legislatures! Proposed by a national constitutional convention and ratified by specially called convention in at least ¾ of the states
! Informal Amendments! Legislature! Executive actions! Judicial review
Federalists v. Antifederalists! Constitution would go into effect once 9 states approved it.! Debate over ratification raged throughout the country, creating Federalists (supporters of a strong central government) and Anti- Federalists (supporters of strong state government)
Federalists #10! Argued that separation of powers and federalism check the growth of tyranny by factions: If factious leaders kindle a flame within their particular states leaders can check the spread of the conflagration through the other states. Likewise, each branch of government keeps the other two from gaining a concentration of power.
Federalist #51! Explained why strong government is necessary: If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary.
Compromise! A compromise between Federalists and Anti-Federalists was reached with agreement to add ten amendments that guaranteed individual freedoms and rights.! Constitution was ratified in 1789 by all states! Bill of Rights added in 1791