The Founding Fathers and a “More Perfect Union” The Building of the American Constitution.

The Founding Fathers and a

“More Perfect Union”

The Building of the American Constitution

The First Governmentof the United Stateswas Fatally Flawed

Congress couldn’t levy taxes Congress couldn’t regulate commerce There was no National Judiciary Each state had just one vote despite population National government couldn’t act against a state The national government was bankrupt

following war States became embroiled in trade wars

Solution? FEDERALISM

Compromise (“The Great”) allowed all states to share sovereignty with the national government

The national government took supremacy over many matters including commerce, defense, civil liberties, etc.

State governments took supremacy over issues of great local importance including education, etc.

Federalism in America is a combination of confederal (unitary) and federal theories.

The Three Compromises in Philadelphia

All rooted in the idea of “Equality” Madison and the “Tyranny of the

Majority”

– Equality of the States– Slavery– Political equality [right to vote]

EQUALITY OF THE STATES

PROBLEM– SHOULD STATES BE REPRESENTED EQUALLY

OR IN PROPORTION TO THEIR POPULATION?

SOLUTION– CONNECTICUT COMPROMISE: STATES HAVE

EQUAL REPRESENTATION IN THE SENATE AND PROPORTIONAL REPRESENTATION IN THE HOUSES

SLAVERY

PROBLEM– WHAT SHOULD BE “DONE” WITH SLAVERY

SOLUTION– STATES AGREED TO ALLOW CONGRESS TO

STOP IMPORTATION OF SLAVES AFTER 1808-NO ISSUES OR OTHER PROBLEMS ADDRESSED

POLTICAL EQUALITY

PROBLEM SHOULD THE RIGHT TO VOTE BE BASED ON

UNIVERSAL MANHOOD SUFFRAGE OR SHOULD IT BE RESTRICTED [education, property, wealth, etc]

SOLUTION– LET THE STATES DECIDE QUALIFICATIONS

FOR VOTING

Federalism – The American Version

Division of power between national, state, and municipal governments

Compromise between dictatorial national government and independence of the states

Historically, the national government has continued to gain power:– Expressed Powers: “enumerated” in the Constitution– Implied Powers: “suggested” in the Constitution– Inherent Powers: certain powers which all

independent nations have; i.e. foreign policy matters

This Uniquely American System is embodied by the Constitution of 1789 –

at the time a very controversial document Supporters were called

Federalists– James Madison– Alexander Hamilton– John Jay

Emphasized importance of a strong central government (unitary) to improve on the problems of “the Articles”

Published “Federalist Papers” in New York

Opponents were known as Anti-Federalists– Patrick Henry– John Hancock– Samuel Adams

Opposed surrendering state powers to the central government

Concerned about the return of a strong Executive (King George paranoia)

Argued for a Bill of Rights to counteract the strong national gov’t.

Basic Principles of the Constitution

1. Representative Government2. Federalism3. Separation of Powers4. Checks and Balances5. Rule of Law6. Popular Sovereignty

Representative GovernmentPopular Sovereignty

Selection of representatives in “free” and scheduled elections

Governance by the “consent of the governed”

Why is the National Government getting stronger?

Many problems are of a national nature States need the national government for $$ Unequal distribution of wealth among and within states Inability or unwillingness of states to deal with certain

problems “Statements of power” to the national government from

the Constitution:– General Welfare clause– Commerce Power– Defense of the Nation– Necessary and Proper clause – elastic clause

Courts have slowly and methodically taken away states constitutional rights

Duties of the National Government

Guarantee territorial integrity of the states Guarantee a republican form of government Protect each state from invasion Protect against domestic violence within states

– 1894 Pullman Strike– 1957 Little Rock Crisis– 1962 University of Mississippi– 1963 University of Alabama– 1992 L.A. Riots

Assist with natural disasters Congress chooses to admit new states

Powers DENIED to the States

No coining or printing of money No tariffs No troops in peacetime No signing of treaties with other nations without

Congressional consent No slavery (13th Am.) No depriving of life, liberty, property without due process

(14th Am.) No denial of vote on basis of race (15th Am.) No denial of vote on basis of gender (19th Am.) No power to destroy the federal system (Civil War?)

– No “NULLIFICATION”

Powers and Responsibilities of the States

NO ENUMERATED POWERS IN THE CONSTITUTION (10th Am – “powers not given to national government are reserved to the states”)

Education Marriage Voting Property Laws Public Safety Laws Welfare Establishment of local governments State taxes

Concurrent PowersPowers shared by National and State Governments

Powers not denied to the states or given to the national government

Collecting Taxes Making and enforcing laws Borrowing and spending $$ Regulating Commerce *Education *Welfare *Highway Construction *Urban Renewal

Hope all is goodHope all is good

Separation of Powers

Insures against any one branch from gaining too much power

Different constituencies for different branches of government

Different terms of office for different branches of government

Checks and Balances Executive (Presidency)

– Checks on Congress• Propose legislation• Veto legislation

– Checks on Judiciary• Appoints federal judges• Enforces court decisions (or not!)

Legislative (Congress)– Checks on Executive

• Override veto• Impeachment• Ratify treaties / justices / budget

– Checks on Judiciary• Impeachment / Confirmation• Amendments

Judiciary (Federal Courts)– Check on Executive

• Review of Presidential Actions / Behaviour– Check on Legislature

• Judicial Review

THE LIVING CONSTITUTION

A Document to create

“A Government for the Ages”

The Constitution 200 years later!

The Framers created a document that has evolved over time, allowing it to adapt to societal changes.

1. Elastic Clause

2. Amendments

3. Informal Methods

The Elastic ClauseArticle I, Sec. 8, Line 18

“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 government of the United States, or in any department thereof.”

Constitution evolves as National Government sees more opportunities to make “necessary and proper” laws.

Amendment Process

Only FORMAL way to “change” the constitution.

Requires a two-thirds (2/3) vote of the entire Congress

Three-quarters (3/4) of state-wide legislatures must ratify

THE OTHER “FORMAL WAY”

2/3 OF CONGRESS

CONSTITUTIONAL

CONVENTION

[called by Congress after 2/3 of the states

have requested it.]

¾ OF STATES RATIFY

CONSTITUTIONAL

CONVENTION

[¾ of states ratify it]

Informal Ways to Amend/”Change” The

Constitution Actions of Congress

– Passage of laws, i.e. creation of Federal court system, agencies, commissions

Actions of the Executive– Foreign policy, commander in chief power

Actions of the Courts– JUDICIAL REVIEW

Actions of Political Parties– Party Arrangement and Division in Congress

Unwritten Traditions– Precedent of two-term presidency– Creation of “The Cabinet”– Congressional Committee System

The United States Constitution of 1789

Structure

BRIEF VERSION!

Article I – Legislative– Bicameral House– Power to make laws, taxes, etc.– ELASTIC CLAUSE (sec. 8, line 18)

Article II – Executive– Law Enforcer, Commander-in-Chief, etc.

Article III – Judiciary– Supreme Court and Lower Federal Courts

Article IV – Miscellaneous Guarantees– Guarantee of republican form of government

Article V – Amendments

Article VI - Recognition of “Supreme Law”

Article VII - Ratification

THE END!