Chapter 2 The Constitution and the Founding

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Chapter 2

The Constitution and the Founding

Copyright © 2011 Pearson Education, Inc. Publishing as Longman

A Republic

At the close of the Constitutional

Convention of 1787, Ben Franklin

was queried as he left

Independence Hall on the final day

of deliberation. In the notes of Dr.

James McHenry, one of Maryland’s

delegates to the Convention, a lady

asked Dr. Franklin “Well Doctor

what have we got, a republic or a

monarchy.” Franklin replied, “A

republic . . . if you can keep it.”“

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The Historical Context of the Constitution

1760s: Tensions with England over taxation to pay for the French and Indian

War. (All the colonies had drafted their own constitutions.)

1765: Stamp Act Congress and Petition to the King in response to the Stamp

Act. England rescinded the Stamp Act.

1767:Townshends Acts (1:00) Patrick Henry & Samuel Adams Sons of Liberty

1772: Committees of Correspondence kept all colonies in the loop

1774: First Continental Congress: boycott British goods, and oppose the

Intolerable Acts passed after the Boston Tea Party of 1773

April, 1775: Battles of Lexington and Concord (Why?)

1775-1777: Second Continental Congress

July,1775: Olive Branch Petition (4:15)

October, 1775: Response to the Petition (3:09)

January, 1776: Thomas Paine Common Sense (Our Choice)

July, 1776: A Decision, Our Declaration of Independence (5:55)

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Declaration of Independence

“When in the Course of human events it becomes necessary for one people to dissolve the political bands which 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, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. We hold these truths to be self-evident, that all men 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. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed. That whenever any form of government becomes destructive to these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. [list of grievances] And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor.” Declaration of Independence (4:00) - Too Late To Apologize’ (3:22)

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The American Crisis by Thomas Paine

Chapter One written on a drumhead December 19th 1776, published December 23rd, and read to the

troops December 25th, before crossing the Delaware

THESE are the times that try men's souls. The summer soldier and the sunshine patriot will, in this crisis, shrink from the service of their country; but he that stands by it now, deserves the love and thanks of man and woman. Tyranny, like hell, is not easily conquered; yet we have this consolation with us, that the harder the conflict, the more glorious the triumph. What we obtain too cheap, we esteem too lightly: it is dearness only that gives every thing its value. Heaven knows how to put a proper price upon its goods; and it would be strange indeed if so celestial an article as FREEDOM should not be

highly rated.

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The Historical Context of the Constitution

(recap)

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The Articles of Confederation

and the Constitutional Convention

1781-1789: Articles of Confederation “League of Friendship”

- The States were the source of power.

- Only one branch – Legislative.

- No standing federal Executive or Judiciary.

- No power to tax.

(John Hanson: First President of the Union

under the Articles of Confederation)

What was the importance of Shay’s Rebellion?

1787: Constitutional Convention in Philadelphia (2:06)

Political Theories: rejection of monarchy, representative democracy,

consent of the governed, and natural rights.

Economic Interests: protection of property rights (life, liberty, property)

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Compromises at the Constitutional Convention

The Miracle at Philadelphia

Representation of States in the Union

- The Virginia Plan favored large states

- The New Jersey Plan favored small states

What was the Great Compromise?

Representation of People in the States

- How did slave states want slaves counted?

- How did free states want slaves counted?

What was the Three-Fifths Compromise? (3:15)

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Compromise at the Constitutional

Convention

The Miracle at Philadelphia

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George Washington

“I can only say that there is not a man living who wishes

more sincerely than I do to see a plan adopted for the

abolition of slavery.”

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Ratification:

Antifederalist’ Concern and

Federalists’ Strategies

The IMPORTANCE of the Federalist Papers (1:06)

Alexander Hamilton James Madison John Jay

What did the Anti-Federalists fear?

What was their condition for ratification?

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Bill of Rights

Why a Bill of Rights? – Walter Williams

“(B)ill of rights…are not only unnecessary in the

proposed Constitution, but would even be

dangerous….For why declare that things shall

not be done (by Congress) which there is no

power to do? Why, for instance, should it be said

that the liberty of the press shall not be restrained,

when no power is given (to Congress) by which

restrictions may be imposed?”

Hamilton – Federalist Paper 84 (concept of negative liberties)

Example: Amendment prohibiting Congress from infringing on

our right to Picnic on our back porch when the

Constitution gives Congress no authority to infringe upon

that right in the first place!

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The Historical Context of the Constitution

(recap)

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The U.S. Constitution

Article I: Legislative Branch

Article II: Executive Branch

Article III: Judicial Branch

Article IV: States and

full faith and credit clause

Article V: Amending process

Article VI: Supremacy clause

Article VII: Ratification

The U.S. Constitution: BORN of the Declaration of Independence

A Republic of Laws, Not Men (4:06)

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The Uniqueness of the U.S. Constitution

The U.S. Constitution… is currently the oldest written Constitution in the

world (1789) and is only 4,400 words.

was the result of natural law ideas of individual

liberty. (1:08) These ideas would ultimately

break religious, gender, and race barriers

here and in other nations around the world.

was the first complete, written national

Constitution. Ancient Greek city states

merely had partially written constitutions.

was the first Constitution that was submitted for

popular ‘ratification,’ as opposed to being

‘imposed’ on a people by a new political

regime. “Could man govern himself in

absence of a king?” This was the great

experiment that was put to the test!

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Influence of the U.S. Constitution

The Power of the concept of “We the People” WE decide the type, kind, form…

Rule of law, not of men. Equality before the law. Law by us, and for us.

These ideas are based upon the religious notion that we are created equal and

given the same rights by the Creator. IF equal before God, equal among men.

The alternative practiced in the rest of the world was life directed under whims

and might of others - No governing document by the people, for the people.

Once the American Constitution was ratified in 1789, the idea of the single

written constitution became popular the world over. (7:17)

- Poland and France adopt written Constitutions in 1791; Spain in 1812.

- By 1820, 48 written constitutions (mostly in Europe).

- By 1850, 80 written constitutions (spread into Latin America).

- Now, almost all modern democratic governments have written constitutions.

- Judicial review of laws is an American invention practiced around the world.

- Ideas of Individual Rights now a common concept in most democratic nations.

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The U.S. Constitution:

Checks and Balances

Exclusive Powers, Shared Powers, and Checking Powers

Legislative - Impeachment, Power of the Purse, and Override Veto

Executive - Veto Power

Judiciary - Judicial Review

Challenges to this

Balance of Power!

Can the President declare

a law Unconstitutional?

Use of Executive Orders?

(More in Chapter 10)

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Is the U.S. Constitution a “Living” Document?

Difficult and Slow

for a reason!

Formal

In the Constitution

1. Proposal

2. Ratification

Informal (2:52) Relies on Ambiguity, Implied powers, and Changing Social Norms

Not in the Constitution and therefore controversial

Judicial Review - Marbury v. Madison (1803)

Do we look at what the Constitution MEANS, or what it OUGHT to mean?

If the latter, who decides what it ought to mean?

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Thomas Jefferson (1798)

“I wish it were possible to

obtain a single amendment

to our Constitution.... I

mean an additional

article….. taking from the

Federal Government the

power of borrowing.”

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Recent Amendment Proposal:

‘Balanced Budget Amendment’

A balanced-budget amendment is a constitutional rule requiring that the state

cannot spend more than its income. It requires a balance between the

projected receipts and expenditures of the government.

1997: BBA came closest to passing! Debt was $5.3 Trillion.

House - received 2/3 vote; Senate - fell 1 vote short of 2/3 vote

2011: Rising national debt and raising debt ceiling renews interest in BBA (4:14)

Obama: “We Don’t Need a balanced budget amendment” (:35)

House - fell 23 votes short of 2/3; Senate - fell 20 votes short of 2/3

2012: GOP platform endorses a BBA

2013: Sen. Mike Lee

2014: - It's Time For States To Call A Constitutional

Convention And Pass A BBA

- Michigan - 'constitutional convention'?

Today: Debt Clock