The Constitution

Chapter 2

What is the difference between the Declaration of Independence & The Constitution?

• The Declaration of Independence is a statement explaining why the colonists wanted to break away from Britain. The goal of the document was to tell the world why we wanted to be independent.

• The Constitution is written plan of government. It lays out the rules and regulation for our governmental leaders.

THE CONSTITUTIONSection 1- The Real American Revolution

The Real American Revolution

• The Revolutionary War was more than a war of independence. The real revolution was the “radical change in the principles, opinions, sentiments and affections of the people.” – John Adams

The Real American Revolution

• Radical changes- political authority would be legitimate

• Personal liberties secure• Consent of the

governed• Government powers

would be granted by a constitution

The Real American Revolution

• The Articles of Confederation- The first attempt at a written constitution which governed America during the Revolutionary War. It c reated a “league of friendship” between the states but had little powers.

Articles of Confederation

Strengths• Each state retained its

sovereignty & independence

• Each state had one vote in Congress

• Congress could coin money, make peace treaties, run the post office, regulate trade

Weaknesses• One branch of government• Could not tax, raise an army,

unicameral (one house) in Congress,

The Constitutional Convention

• A meeting in Philadelphia in 1787 to revise the Articles of Confederation, which was a failure. Four months later a new constitution was written.

• Other influences- differences in strengths and weaknesses of state constitution as well as Shay’s Rebellion.

Shay’s RebellionA 1787 rebellion in Massachusetts in which ex- Revolutionary War soldiers attempted to prevent foreclosures of their farms as a result of high taxes. A volunteer army had to put down the rebellion. It showed a STRONG, CENTRAL GOVERNMENT was needed!

The Constitutional Convention

• Two palms were presented: The Virginia Plan and The New Jersey Plan.

• In the end, the Framers( writers of the Constitution) compromised and took ideas from both plans to create our Constitution.

The Virginia Plan

• Called for a strong national gov’t

• 3 branches of gov’t – executive, judicial, legislative

• Bicameral (two) Congress• Executive would be

chosen by a national legislation

• Favored large states

The New Jersey Plan

• Favored small states• Each state would have 1

vote in Congress• A weak national gov’t

The Great Compromise (Connecticut Compromise)

• Three branches of government:• Executive- Would serve a four year term• Legislative branch- 2 houses: Senate would include 2

reps from each state chosen by state legislatures; House of Reps would be based on population and elected by the people.

• Judicial branch- Nominated by the President and confirmed by the Senate

• Created a Republic-A gov’t in which elected officials make the decisions.

The Great Compromise

• Homework Question- Did the Constitution create a Democracy? Yes or No. Support your answer.

The Great Compromise Key Principles

• Judicial Review

• Federalism

• Enumerate Powers

• Checks and Balances

• Reserved Powers

• Concurrent Powers

• Faction

Judicial ReviewThe power of the courts to declare a law unconstitutional.

Federalism

• Government authority is shared by the national, state and local governments. Each level of government has specific powers as well as shared powers.

Powers

Enumerated /Delegated Powers

• Powers given to the national government.

• Examples- Declare war, coin money, make peace treaties, regulate interstate trade

Reserved Powers• Powers given to the states.

• Examples- Intrastate trade, family/marriage issues, licenses, elections

Powers

• Concurrent Powers- Powers shared by the state and national governments.

• Examples- Education, maintain infrastructure, provide for the general welfare, levy taxes

Checks and Balances

A system of government in which there are separate institutions that share powers. Each branch has informal ways of checking the power of the other branches.

Faction

• A group with a distinct political interest.

• Example: The Tea Party

Ratifying the Constitution

Federalists• They were for the

ratification (approval) of the Constitution.

Antifederalists• They were against the

ratification of the Constitution.

• They wanted a bill of rights added to protect citizen’s personal freedoms.

• A Bill of Rights was needed and written to achieve ratification.

The Bill of Rights- First Ten Amendments

• 1st- Freedom of speech, press, religion and assembly

• 2nd- Right to bear arms

• 3rd- No quartering of troops

• 4th- No unreasonable search or seizures

5th- Due process in the court system

• 6th- Right to speedy, public and impartial trial.

• 7th- Right to jury trial in civil suits

Bill of Rights8th- No excessive bail or fines

9th- Unlisted rights are not denied

10th- Powers not given to federal gov’t are given to states

The Constitution & Slavery

• A. Virtually unmentioned • Sometimes known as the 3/5’s Compromise• Apparent hypocrisy of the signers• Necessity of compromise or no ratification• a. 60% of slaves counted for representation• b. no slavery legislation before 1808• c. escaped slaves returned to their mastersLegacy- Civil wars, continuing racial issues

The Motives of the Framers-FRQ

• Charles Beard- Argued the better-off urban & commercial classes, especially those who helped financed the Revolution and were owed IOUs, favored the Constitution because it would benefit them.

• 1950’s- Historians disputed claim. Stated men of wealth and debts signed the Constitution.

The Motives of the Framers

• 1980s- Economics influenced how framers voted on some issues. The econ position of the states from which they came had a greater effect than their personal monetary condition. They represented their state’s interests rather than their own.

Constitutional Reform-FRQ

Gov’t too StrongAttention is on individual wants over the general good.Gov’t does too much.Proposals:Limit amount of taxes collectedRequire a balanced budgetGrant the Pres a line-item vetoNarrow the authority of federal courts

Gov’t too weak• Reduce the sep of powers to

enhance leadership.• Pres should be more powerful

& accountable.• Proposals:• Choose Cabinet from Congress• Allow Pres to dissolve Congress• Lengthen Pres term to 6 yrs• Congress call for special Pres

election

Constitutional Reform- Who is Right

• Crucial questions:• A. how well has it worked in history?• How well has it worked in comparison with

other constitutions?

Were Women Left Out of the Constitution?

• Yes- women were never mentioned. Article I sets the provisions for electing congressmen but uses him/he.

• No- Other references to the Constitution/Bill of Rights refers to person.

• Ex: Article I, section 9- No person shall be convicted of treason; Article I, section 2- No person shall be a Rep who have not have attained to the age of 25.

Were Women Left out of the Constitution?

• 1920- The Constitution gave women the right to vote. But, it also used language that extended basic rights, access to office to men and women equally.

• There is no wording in the document that actually denies women’s rights.