Constitution Convention of 1787
Constitution Convention of 1787
A fundamental mistake of the Americans has been, that they
considered the revolution as completed, when it was but just begun.
Having raised the pillars of the building, they ceased to exert
themselves, and seemed to forget that the whole superstructure was
then to be erected. Noah Webster 1790Who were the delegates?55
delegates from 12 states (Rhode Island refused to show)They were
highly educated and some of the best known names in American
history: Washington, Madison, Franklin, Pinkney, HamiltonProducts
of the Enlightenment, but shrewd politiciansA unique assembly of
men at any one time
3 did not signPaying my respects to the father of the
ConstitutionGeorge WashingtonThe ConventionFramers met on May
25th-September 17th 1787Worked in secret to protect themselves from
outside pressureWashington designated President of the
Convention
4What is the Constitution?1. Unique/NecessaryNo true precedent
for a written constitutionLegitimate authority derived from the
peopleArticles too weak to work-What a triumph for our enemies to
find that we are incapable of governing ourselves. -G. Washington
No national identity
What is the Constitution?2. Boring, but rationalNo Declaration
of IndependenceAn instrument of actionFull of precautions
Vague-necessary and proper, high crimes and misdemeanors,
others
3. Blueprint for Federal Government4,000 words, provided a
framework for government while leaving the brushstrokes and detail
to later generations7 ArticlesPreamble-Purpose of governmentPower
Map-Articles I, II, IIIRelationship with States-Article
IVAmendments-Article VNational Supremacy-VIRatification-VIIWhat is
the Constitution?4. Bundle of CompromisesHow shall representation
be decided in government? (Great Compromise)How much authority
shall the federal government have? (Article Section 8, 9)What will
protect people and the government from other branches? (checks and
balances)Shall Congress have the power to regulate commerce and
how? (can tax imports, but not exports, and can regulate interstate
trade)How should states be formed in the frontier?How can
Constitution be changed?What will we do about slavery? (cant
interfere with slave trade until 1808)How much democracy? (House
directly elected, Senators chosen by states, President through
Electoral College, judges by President and Senate)How much
political equality?What is the Constitution?5. An experiment in
government seen through several cases such as Marbury v. Madison,
McCulloch v. Maryland, the Civil War (no Confederate was brought to
trial for no one knew if the states had a right to secede.6.
Conservative document achieved through liberal means.Conservative
because is protected property and provided stability, social
classes didnt change as a result of the ConstitutionLiberal because
it attempts to achieve status quo and equality through checks and
balances, separation of powers, elastic clauseWhat is the
Constitution?7. Supreme law of the land as established through
Article VI- This Constitutionshall be the supreme Law of the Land8.
Generational: a flexible document that can not be changed on a
whim, but contains ambiguous phrases to allow for simple changes9.
Store of values discussing ideas such as representation, no
factions, limited government
10. Imperfect because it does not end slavery, no Bill of
Rights, vague phrases,
Article I-the legislative branch
Congress has 2 houses or is bicameralHouse of Representatives
chosen every two years by people and proportional to state
population (435)Senators chosen every 6 years by state legislatures
(until 1913) with 2 per state (100)The House represents the people,
all revenue bills started here; the Senate represents states, all
treaties and presidential appointments approved by themAll laws
must pass both chambers before sent to presidentArticle I, Section
8 lists the enumerated powers of government, but Section 8 also
contains the elastic clause or necessary and proper clause allowing
the government to grow over timeArticle II-the executive branch
The President serves a 4 year term and is chosen through the
Electoral College, not the people at largeThe president has power,
but how much is open to interpretationHis primary job is to enforce
the laws, which today is a vast bureaucracy of over 2 million
peopleArticle III-the judicial branchShortest of the articles and
vaguestJudges serve life terms, but must be appointed by the
President and approved by the SenateDesigned to interpret the
Constitution and determine what powers belong to the federal
government and state governments
Article V-Amending the Constitution
A complicated procedure, but doable: the process allows for
necessary changes to be made, but not easily (only 27 amendments,
10,000 proposed)Principles of the Constitution1. Popular
sovereignty: The people are the source of the governments power,
although indirectly. The government acts in response to the what
the people want.
2. Federalism: the power of the government is divided between
the national and state governments (this will be examined later).
This idea is important because it allows the US to be united (which
the Articles did not provide) and give the states the ability to
govern themselves according to their needs. In other words, the
states handle the small things, the federal government deals with
the big picture.
Principles of the ConstitutionLegislative BranchExecutive
BranchJudicial BranchMake lawsDeclare warSpend money (borrow
money)Impeach
Enforce lawsVeto billsC-I-C of militaryAppoint
officialsRepresent the USInterpret lawsCreate uniformity in the
law3. Separation of powers: Each of the 3 branches of government
has its own responsibilities in order to prevent not only tyranny,
but also the growth of factions (political parties).Principles of
the Constitution4. Checks and balances: Each branch of government
holds some type of control over the other branch
Principles of the Constitution5. Judicial Review: The power of
the courts to determine what laws are constitutional or not. In the
case of Marbury v. Madison (1803), the Supreme Court determined
that Article III gives them the power to decide what the law is.
This opinion can only change if Court membership changes or an
amendment is passed.
Principles of the Constitution6. Limited government: the
Constitution limits the powers of government by only giving it
certain authority.