Constitution2

The Constitution

Andrew MartinUniversity of Kentucky

Constitutional Convention

● Delegates met in Annapolis, Md. in 1786.


● Delegates met in Annapolis, Md. in 1786.●Only five states sent delegates.


● Delegates met in Annapolis, Md. in 1786.●Only five states sent delegates.●Hamilton suggested another meeting in Philadelphia in 1787.


● Delegates met in Annapolis, Md. in 1786.●Only five states sent delegates.●Hamilton suggested another meeting in Philadelphia in 1787.●Madison was able to secure Congress' approval.

Political motivations

● Political: The Articles of Confederation were ineffective and

weak



weak● Shay's rebellion



weak● Shay's rebellion● Revolutionary war debt



weak● Shay's rebellion● Revolutionary war debt● Unable to handle threats from foreign powers



weak● Shay's rebellion● Revolutionary war debt● Unable to handle threats from foreign powers

Jefferson: “an assembly of demi-gods”

Economic motivations

● Done to financially benefit Founding Fathers Charles Beard, An Economic Interpretation of the

Constitution of the United States, 1913

Economic motivations

● Done to financially benefit Founding Fathers Charles Beard, An Economic Interpretation of the

Constitution of the United States, 1913● Policies of 1780s helped farmers and laborers,

hurt business owners, bankers

Economic Events of 1780s

● Little protection for manufacturing sector


● Little protection for manufacturing sector● No protection of investment in western land


● Little protection for manufacturing sector● No protection of investment in western land● American shipping was discriminated against

by foreign countries



by foreign countries● Each state coining its own money, along with

other laws, led to depreciation of currency and resulted in inflation





● “stay laws” prevented foreclosure on farms





● “stay laws” prevented foreclosure on farms● “tender laws” allowed farmers to pay loans with

crops

The Constitutional Convention

● May-September 1787


● May-September 1787● Held in Philadelphia State House


● May-September 1787● Held in Philadelphia State House● 55 men from 12 states (Rhode Island did not

send delegates)

Occupations of Founding Fathers


● 35 were lawyers or had some legal training


● 35 were lawyers or had some legal training● 13 were businessmen, merchants, or shippers


● 35 were lawyers or had some legal training● 13 were businessmen, merchants, or shippers● 12 owned and managed slave plantations/farms


● 35 were lawyers or had some legal training● 13 were businessmen, merchants, or shippers● 12 owned and managed slave plantations/farms● 11 were major securities speculators


● 35 were lawyers or had some legal training● 13 were businessmen, merchants, or shippers● 12 owned and managed slave plantations/farms● 11 were major securities speculators● 9 held public office


● 35 were lawyers or had some legal training● 13 were businessmen, merchants, or shippers● 12 owned and managed slave plantations/farms● 11 were major securities speculators● 9 held public office ● 6 were major land speculators


● 35 were lawyers or had some legal training● 13 were businessmen, merchants, or shippers● 12 owned and managed slave plantations/farms● 11 were major securities speculators● 9 held public office ● 6 were major land speculators● 3 physicians


● 35 were lawyers or had some legal training● 13 were businessmen, merchants, or shippers● 12 owned and managed slave plantations/farms● 11 were major securities speculators● 9 held public office ● 6 were major land speculators● 3 physicians● 2 scientists


● 35 were lawyers or had some legal training● 13 were businessmen, merchants, or shippers● 12 owned and managed slave plantations/farms● 11 were major securities speculators● 9 held public office ● 6 were major land speculators● 3 physicians● 2 scientists● 1 minister

Convention deliberation

● Stated purpose was to fix Articles of Confederation


● Stated purpose was to fix Articles of Confederation AOC were tossed on fourth day of deliberation



● Deliberations were secretive



● Deliberations were secretive Members sworn to secrecy



● Deliberations were secretive Members sworn to secrecy Windows of Philadelphia State House were nailed

shut



● Deliberations were secretive Members sworn to secrecy Windows of Philadelphia State House were nailed

shut Guards were posted to prevent others from hearing

deliberations

Ratification

● Dropped unanimous consent requirement spelled out in AOC

Ratification


● Done because Rhode Island, North Carolina expected to resist changes

Ratification



● Nine states would have to ratify Constitution for it to take effect

Ratification




● States would have to ratify, though no mention of elected state legislatures was made

Ratification




● States would have to ratify, though no mention of elected state legislatures was made

● States held elections to select delegates to state constitutional conventions

Federalists vs. Anti-Federalists


● Federalists supported ratification of the Constitution



● Anti-Federalists opposed ratification



● Anti-Federalists opposed ratification● Federalists won the day



● Anti-Federalists opposed ratification● Federalists won the day● Constitution was signed by convention

delegates September 17, 1787



● Anti-Federalists opposed ratification.● Federalists won the day● Constitution was signed by convention

delegates September 17, 1787● New Hampshire was 9th state to ratify it, putting

it into law, June 21, 1788



● Anti-Federalists opposed ratification.● Federalists won the day● Constitution was signed by convention

delegates September 17, 1787● New Hampshire was 9th state to ratify it, putting

it into law, June 21, 1788● Laws and gov't took effect March 4, 1789

Anti-Federalists

● Feared a federal government would not be responsive to citizens

Anti-Federalists


● Worried that new executive would amass too much power

Anti-Federalists


● Worried that new executive would amass too much power

● No protection of individual rights

Federalists

● Believed federal representative republic was possible, desirable

Federalists


● Federalists believed a large republic would prevent the tyranny of a majority.

Federalists


● Federalists believed a large republic would prevent the tyranny of a majority. Federalist No. 10

Federalists


● Federalists believed a large republic would prevent the tyranny of a majority. Federalist No. 10

● Shared powers would give government the power to get things done, but prevent it from becoming too powerful

Competing Visions

● The Virginia Plan

Competing Visions

● The Virginia Plan● Authored by James Madison

Competing Visions

● The Virginia Plan● Authored by James Madison● Favored larger states

Competing Visions


Proposed bicameral legislature

Competing Visions


Proposed bicameral legislature Representation in both based on population

Competing Visions

● The New Jersey Plan

Competing Visions

● The New Jersey Plan● Offered as alternative to Virginia Plantation

Competing Visions

● The New Jersey Plan● Offered as alternative to Virginia Plantation● Favored smaller states

Competing Visions


Proposed unicameral legislatures

Competing Visions


Proposed unicameral legislatures One vote per state

Competing Visions

● Connecticut Compromise

Competing Visions

● Connecticut Compromise Two houses

Competing Visions

● Connecticut Compromise Two houses One proportional (House)

Competing Visions

● Connecticut Compromise Two houses One proportional (House) One equal votes for each state (Senate)

Slavery and the Constitution

● Issue of slavery never explicitly mentioned in Constitution



● Issue very contentious



● Issue very contentious● Slaves and commerce compromise




Northerners got tariffs on imported goods




Northerners got tariffs on imported goods Southerners got protection against the outlaw of

overseas slave trading until 1808.


● Census to be taken every 10 years, would help determine the configuration of House districts



● Slaves were to be counted as 3/5 person



● Slaves were to be counted as 3/5 person Increased Southern population counts, and hence

the South would have more seats in the U.S. House.

Compromise on enumerated rights

● The Federalists made a concession on individual rights, agreeing to amend the

Constitution to include a list of individual safeguards.

Layout of the Constitution

● Article I (Legislative Branch)● Article II (Executive Branch)● Article III (Judicial Branch)● Article IV (Relations between the States)● Article V (Amendment Process)● Article VI (Federal-State relations/Oath for

Officers)● Article VII (How Constitution will be ratified)

Separation of Powers

● Legislative Branch -- makes laws (Article I)● Executive Branch -- enforces laws (Article II)● Judicial Branch -- interprets laws, resolves

disputes (Article III)

Presidential checks on Congress

● President can:


● President can: Veto legislation


● President can: Veto legislation Call special session


● President can: Veto legislation Call special session Recommend legislation


● President can: Veto legislation Call special session Recommend legislation Vice-President presides over Senate, casts tie-

breaking votes

Presidential checks on judiciary

● President can:


● President can: Nominate federal judges


● President can: Nominate federal judges Pardon persons convicted by federal courts

Congressional checks on President

● Congress can:


● Congress can: Override presidential veto (2/3 majority)


● Congress can: Override presidential veto (2/3 majority) Impeach and remove president


● Congress can: Override presidential veto (2/3 majority) Impeach and remove president Reject presidential appointees (Senate)


● Congress can: Override presidential veto (2/3 majority) Impeach and remove president Reject presidential appointees (Senate) Refuse ratification of treaties (Senate)


● Congress can: Override presidential veto (2/3 majority) Impeach and remove president Reject presidential appointees (Senate) Refuse ratification of treaties (Senate) Reject president's request for laws and funds


● Congress can: Override presidential veto (2/3 majority) Impeach and remove president Reject presidential appointees (Senate) Refuse ratification of treaties (Senate) Reject president's request for laws and funds Investigate president's actions

Congressional checks on judiciary

● Congress can:


● Congress can: Reject judicial nominees to federal bench


● Congress can: Reject judicial nominees to federal bench Create lower federal courts


● Congress can: Reject judicial nominees to federal bench Create lower federal courts Amend laws to change judicial interpretation


● Congress can: Reject judicial nominees to federal bench Create lower federal courts Amend laws to change judicial interpretation Propose constitutional amendments

Judicial checks on Congress, president

● Can declare laws passed by Congress unconstitutional

Judicial checks on Congress, president

● Can declare laws passed by Congress unconstitutional

● Can declare acts of the president/administration unconstitutional

Federalism (Article VI)

● Divides power between federal and state governments.



● Powers of the federal government are explicitly defined are known as expressed powers.




● Originally, focus of nat'l government was to be foreign affairs, nat'l security and commerce




● Originally, focus of nat'l government was to be foreign affairs, nat'l security and commerce

● "Necessary and proper" clause, subsequent amendments allowed federal gov't influence to grow

Federalism

● State Governments

Federalism

● State Governments Intended to look after health, safety and well-being

of the people

Federalism

● State Governments Intended to look after health, safety and well-being

of the people Powers known as police powers

State reciprocity (Article IV)

● Full faith and credit clause


● Full faith and credit clause Each state must accept legal proceedings of other

states



states● Privileges and immunities clause



states● Privileges and immunities clause

Mandates that out-of -state citizens enjoy legal rights of citizens in that state

Supremacy Clause

● Federal law supercedes state law (Article VI)

Amendments

● Proposing an amendment

Amendments

● Proposing an amendment Congress calls national convention at request of

two-thirds of the states (rare)

Amendments

● Proposing an amendment Congress calls national convention at request of

two-thirds of the states (rare) Two-thirds of Congress votes for proposed

amendment (more common)

Amendments

● Ratifying an amendment

Amendments

● Ratifying an amendment Ratifying conventions in three-fourths of states

(rare)

Amendments

● Ratifying an amendment Ratifying conventions in three-fourths of states

(rare) Three-fourths of state legislatures approve (more

common)

Bill of Rights

● Background

Bill of Rights

● Background Ratified, 1791

Bill of Rights

● Background Ratified, 1791 Consists of first 10 amendments to the U.S.

Constitution

Bill of Rights

● Background Ratified, 1791 Consists of first 10 amendments to the U.S.

Constitution Foundation for civil liberties/civil rights in United

States

Bill of Rights

● Safeguards of personal and political freedom:

Bill of Rights

● Safeguards of personal and political freedom:● 1. Freedom of speech, press, religion (two

parts), right to assemble peacefully

Bill of Rights

● Safeguards of personal and political freedom:● 1. Freedom of speech, press, religion (two

parts), right to assemble peacefully● 2. Right to keep and bear arms

Bill of Rights

● Protection against British occupation● 3. Protection against quartering of troops in

private homes

Bill of Rights

● Safeguards in judicial process:

Bill of Rights

● Safeguards in judicial process: ● 4. Protection against unreasonable search and

seizures.

Bill of Rights


seizures.● 5. Guarantees of:

Bill of Rights



grand jury for capital crimes

Bill of Rights



grand jury for capital crimes no double jeopardy

Bill of Rights



grand jury for capital crimes no double jeopardy no self-incrimination

Bill of Rights



grand jury for capital crimes no double jeopardy no self-incrimination no deprivation of life or property without "due

process of law"

Bill of Rights



grand jury for capital crimes no double jeopardy no self-incrimination no deprivation of life or property without "due

process of law" no taking of property without just compensation

Bill of Rights

● Safeguards in judicial process: ● 6. Guarantees of:

Bill of Rights


speedy, public trial

Bill of Rights


speedy, public trial to be informed of nature of charges

Bill of Rights


speedy, public trial to be informed of nature of charges to confront witnesses

Bill of Rights


speedy, public trial to be informed of nature of charges to confront witnesses to compel witnesses to appear in one's defense

Bill of Rights


speedy, public trial to be informed of nature of charges to confront witnesses to compel witnesses to appear in one's defense right to legal counsel

Bill of Rights



● 7. Guarantee of trial by jury of one's peers

Bill of Rights



● 7. Guarantee of trial by jury of one's peers● 8. Guarantees against:

Bill of Rights



● 7. Guarantee of trial by jury of one's peers● 8. Guarantees against:

cruel and unusual punishment, excessive bail

Bill of Rights

● Description of unenumerated rights and reserved powers:

Bill of Rights


● 9. Assurance that rights not listed for protection against the power of the central government are reserved to the people.

Bill of Rights


● 9. Assurance that rights not listed for protection against the power of the central government are reserved to the people.

● 10. Assurance that the powers not delegated to the central government are reserved to the states or to the people.

Constitution2

Documents

legal training

economic motivations

protection of investment

s little protection

major land speculators

economic events

major securities speculators

founding fathers charles