Creating a Constitutional Democracy GOV 30 Fall 2010
Dec 23, 2015
States Date Yes No
(in order of ratifying)
Delaware Dec. 7,1787 30 0
Pennsylvania Dec.11,1787 46 23
New Jersey Dec.18,1787 38 0
Georgia Jan. 2,1788 26 0
Connecticut Jan. 9,1788 128 40
Massachusetts Feb. 6,1788 187 168
Maryland Apr. 26, 1788 63 11
South Carolina May 23, 1788 149 73
New Hampshire June 21,1788 57 47
Virginia June 25,1788 89 79
New York July 26,1788 30 27
North Carolina Nov. 21, 1789 194 77
Rhode Island May 29, 1790 34 32
Ratification of the Constitution
Articles of Confederation
• "firm league of friendship"• Congress raised army by asking states to muster militia. • Congress could not levy on direct tax.• Congress could not regulate commerce.
• States could tax or prevent importation of goods from other states.
• Congress elected annually; consisted of one chamber; each state had one vote.
• Executive was a committee of Congress, whose president rotated annually.
The Virginia Plan
1. Congress could legislate on all matters that affect "the harmony of the United States.
2. Congress could negate state legislation.
3. Two Houses of Congress; both elected from states according to size of population.
4. One House elected by people, the other by state legislature.
The New Jersey Plan
1. Congress had only one House, with each state having a single vote.
2. Congress given specific powers instead of a general power.
3. State laws could not be negated.
Estimated Representation in Congress Under….Virginia Plan New Jersey Plan Connecticut Plan
States that Congress Congress House Senate
Favored Virginia Plan
Virginia 14 1 14 2
Pennsylvania 7 1 7 2
North Carolina 7 1 7 2
New York 6 1 6 2
Maryland 6 1 6 2
South Carolina 4 1 4 4(expected to grow)
Georgia 1 1 1 2(expected to grow)
Favored New Jersey Plan
New Jersey 3 1 3 2
Delaware 1 1 1 2
Rhode Island 1 1 1 2
Proposed Compromise
Connecticut 4 1 4 2
Constitutional Powers of Congress, Constitutional Limits on States
Congress Has the Power to: States Have No Power to
Declare War Wage War unless attacked
Raise and support armies
Lay and collect taxes and tariffs Levy tariffs
Ratify treaties Make treaties
Borrow money
Regulate commerce among the states
Coin money Coin money
Establish post offices
Issue patents and copyrights
The Constitution also gives Congress the more general power…
“To make all Laws which shall be necessary and proper for carrying into Execution the foregoing
Powers, and all other Powers vested by this Constitution in the [national] government.”
Colony Qualifications
Massachusetts Male, 21, freeholder
New Hampshire Male, 21, except paupers
Rhode Island Male, 21, free of the company
Connecticut Male, 21, freeholder, civil in conversation
New York Male, 21, freeholder or renter, 6 months residence
New Jersey Male, 21, freeholder, 1 year residence
Pennsylvania Male, 21, taxpayer, 2 year residence
Virginia Male, 21, freeholder
Maryland Male, 21, freeholder,1 year residence
North Carolina Male, 21, freeholder,1 year residence
South Carolina Male, white, 21, taxpayer,freeholder 2 year residence
Georgia Male, 21, taxpayer, 6 months residence
Voting Qualifications by Colony at the Time of the Revolution
In the new code of laws, I desire you would
remember the ladies, and be more generous
and favorable to them than your ancestors.
If attention is not paid to the ladies we are
determined to foment a rebellion, and will not
hold ourselves bound by any laws in which
we have no voice, or representation.
-Abigail Adams, wife of John Adams
If changes to voting qualifications are
made “there will be no end of it. Women
will demand a vote; lads from twelve to
twenty-one will think their rights not
enough attended to; and every man,
who has not a farthing, will demand an
equal voice.”
- John Adams
Congressional Checks on Presidential Powers
Presidential Powers: Congressional Checks:
Make treaties Two-thirds of Senate must ratify
Appoint judges and executive officers Senate must confirm
May convene Congress Congress must meet each year
Commander in chief Congress declares war
Veto legislation Two-thirds override by both chambers
Execute laws Enact laws
Inform Congress No check
Receive foreign ambassadors No check
Pardon criminals No check
Inherent Executive Power Impeachment
The Electoral College: Who Won?
Election Procedure Gives advantage to:
First Stage: Big States
Each state gets electors equal to
Their representation in Senate and
House. President picked by majority
of Electors. If no candidate has majority, five
top vote getters go to second stage.
Second Stage: Small States
Members of House of Representatives
vote by state delegation, each delegation
has one vote. Must choose from top five
candidates.
Key Protections Contained in the Bill of Rights
• Freedom of Speech
• Free Exercise of Religion
• Right to Bear Arms
• Home Secure Against Unreasonable Search and Seizures
• Trial by Jury
• Cannot be Deprived of Life, Liberty or Property Without
Due Process of Law
• Cannot be Forced to Testify Against Oneself
• No Cruel or Unusual Punishment
Amendments Must be Proposed by
2/3 Vote of both House of Representatives and Senate
Convention Called by Congress on Application of
2/3 of State Legislatures
Either/Or
And Ratified by
3/4 of StateLegislatures
3/4 of State Ratifying Conventions
Either/Or
Amending the Constitution: A Two-Stage Process
Amendment - Year Ratified - Provision
12 1804 Distinguishes electoral vote for president and vice president.
13 1865 Abolishes slavery.
14 1868 Guarantees citizens the right of due process and equal protection before state law. Removes three-fifths compromise.
15 1870 Extends suffrage to African Americans.
17 1913 Direct election of senators.
19 1920 Extends suffrage to women.
20 1933 Shortens time between election and day Congress and president assume office.
Amendment - Year Ratified – Provision
22 1951 Two-term limit on presidents.
23 1961 Extends presidential suffrage to residents of District of Columbia.
24 1964 Abolishes tax on voting.
25 1967 Determines procedures for filling the Office of the Vice President if it becomes vacant.
26 1971 Extends suffrage to 18-year olds.
27 1992 Postpones congressional pay raises until next election