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CONSTITUTIONAL UNDERPINNINGS

Review PPT

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King George III.... BOOOO!!!

In 1770s, this dude rules the 13 American Colonies.
Parliament passes some tax laws, which annoyed the leaders of the 13 colonies.
Colonies' leaders decide to challenge Britain's authority.

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Who Inspired the Colonies' Leaders?

Philosophers from the Enlightenment Age.
Believed in natural, God-given rights, and social contract between a democratic government and the people.
<---------- John Locke

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John Locke and Natural Law

The Law of God
People are born free and equal.... except the slaves.... and women apparently
People are obligated to rebel when the rule of Kings did not respect the consent of the governed.

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Jean-Jacques Rousseau and Social Contract

Influenced by John Locke
Social contract he describes is the agreement of free and equal people to abandon certain right natural rights in order to find freedom in a single political body.
Example- Patriot Act

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Montesquieu

Like Rousseau he recognizes the power of government.
Argues for separation of powers in government comprised of an executive, legislative, and judicial branch. Sound familiar?

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"The sun never sets on the British empire."

N. American colonies full of resources for the British empire.
Maintaining a far-flung empire required a lot of money... that Britain did not have.... so their first attempt to gain more revenue was tax the colonists.
Sugar Act, Stamp Act, and the Tea Act

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"No taxation without representation."

Some colonists oppose taxes due to practicality/ economic basis
More outspoken American leaders to a principled position against the laws because Parliament created these laws without any colonial represention.
Tensions increase when colonists refuse to abide by the new laws. British government cracks down.
Tried and convicted protesters unfairly.

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Olive Branch Petition

Colonial leaders attempt a peaceful relationship
Colonists pledged loyalty, but also made clear their greivances
The king rejected the pertition.
Bad move King George....

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Sons of Liberty

In Boston, created an organized force that expanded to ciities throughout the colonies.
<------John and Samuel Adams
Benjamin Franklin,Patrick Henry, and Thomas Jefferson vocally crticized British law makers.
Thomas Paine and David Ramsey published treatise that argued for a break with Britain.

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Declaration of Independence

Tensions rising between 1774-1775 with the Battle of Lexington and Concord.
Summer of 1776, Continental Congress commissions five men to draft an official statement to summarize the colonists reasons for independence.
Thomas Jefferson was the primary author and drew inspiration from Locke and other enlightenment philosophers.
Congress approved the draft July 4, 1776. Independence day.

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American Revolutionary War

The Contiental Congress is the governing body during the war.
Began to formalize their ideas for a permamnent giovernment.
<-----------General George Washington's army defeats the British at Yorktown, VA in 1781.
Official peace negotitated in 1783 with the Treaty of Paris.

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Articles of Confederation

Origiinal Committee of 5 also called the Continental Congress created a committtee known as the Confederation Congress of 13 men to draft the Articles of Confederation.
A series of statements that defined the initial national government and redifined the former colonies as states.
A dilema grows about the apportionement of represenatation among states. Large v. small states
Articles- 1 vote in Congress per state.

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Issues with the Articles of Confederation

Weak system that prevented leaders from making domestic progress.
No President or Supreme Court
9 states had to agree to enact federal law and all states must agree to amend the system.
Congress could not tax people directly.
National government could not maintain or raise an army.
No national currency.
Congress could not regulate commerce between states. Interstate trade was chaotic.
America faced a high war debt, and foreign creditors lost faith in the new nation.
States quarreled over boundary disputes.

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Shay's Rebellion

In 1786-Western Massachusetts, a large group of impoverished farmers, lost their farms to mortgage foreclosures and failure to pay taxes.
Daniel Shay led a group that demanded government ease financial pressures by printing more money, lightening taces, and suspending mortgages.
State raised a small army with donations from the wealthy to put down the upsrising.
Three of Shay's men were killled.
The rebellion and the irregularities in commerce, made leaders realize the need to revise government.

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Constitutional Convention in Philadelphia

Conventional originally called just to revise Articles of Confederation.
Decided they needed to scrap the Articles and replace it with a new system of government.
In May, 1787, delegates from neighboring states began to arrive to Independence Hall to get an early start on improving national governance.

Independence Hall -------------------------------------->

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James Madison

One of the first to arrive at the convention. At the time he was a 36-year old VA lawyer. Well prepared for the deliberations.
His friend and fellow planter Thomas Jefferson was serving in Paris as U.S. ambassador to France, sent Madison books from Europe on ancient governments, both successful and failed examples.
Madison was not the most vocal at the convention, but his influence in creating the new plan for government has earned him the nickname "Father of the Constitution."

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Noteworthy People at Constitutional �Convention

Delegates from 12 states except Rhode Island.
George Washington served as the cooling force during heated debate.
Alexander Hamilton known for long winded speeches.
Benjamin Franklin offered experience as one who had participated in the drafting of the Declaration, the Articles, and the Treaty of Paris with Britain.

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Written largely by James Madison.
Created a three branch government.
This plan became the blueprint of the Constitution.
Made the national government supreme over the states.
Multi-tiered court system
Separation of powers-defined the distinct responsibilities and limits of each branch to keep any one branch form becoming too powerful.

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The New Jersey Plan

New Jerseys' William Patterson
States would retain sovereignty
National legislature would only have limited and defined powers.
No provision for national courts.
Also differed in the apportionment of representation.

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The Great Compromise

Roger Sherman of Connecticut offered what is also known as the Connecticut Compromise
Two-house Congress composed of House of Representatives and a Senate.
House seats awarded based on population,
Senate would receive two senators from each state, regardless of the state's size.

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Slavery and the Three-Fifth Compromise

Northern and Southern states agreed to count only three of every five slaves to determine the representation in the House of Representatives.

Another compromise would be necessary before the question of representation was settled. Delegates from nonslave states questioned how slaves would be counted in determining representation. Since slaves did not have the right to vote, those who were able to vote in slave states would have more sway than voters in nonslave states if slaves were counted in the population. Another issue addressed....whether states or the federal government should have the power to control or regulate slavery. They also debated how to handle slave insurrection, or runaways. Delegates resolved the first matter by prohibiting Congress from stopping the international slave trade for 20 years once the Constitution was ratified. And they resolved the second wuth an extradition clause that addressed how states should handle runaway slaves.

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Mission statement
Outlines the purposes of new government

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The new government consists of an...
Executive president-serves a commander in chief
A Congress that can tax, borrow, and regulate commerce.
A Supreme Court and a plan for lower courts.
The Electoral College System would elect the president.
Once 9 states ratified the Constitution it would go into effect.

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Article I: Legislative Branch

House and Senate differ in ways beyond allotment.
House members are elected by the people every two years.
Age requirements- 25 years old –House of Rep.
30 years old- Senate
Enumerated powers listed in Sections 8,9,10
Commerce Clause
Section 8 – Necessary and Proper clause also known as the Elastic clause
Section 9- What Congress cannot do.
Section 10- What the states cannot do.

The House of Rep. Has become the more representative and democratic institution. Senators represent the state at large while the House representatives represent localities which creates a different dynamic in each institution. Article I has 10 sections and is the largest revealing the Framers' concern for representative lawmaking and their reverence for the lawmaking branch. Section 8,9,and 10 detail the powers and limitations of Congress and the states. The Framers identified a limited list of enumerated powers which include the power to tax, borrow money, raise an army, create a postal system, address piracy on the seas, define the immigration and naturalization process. The commerce clause empowers the Congress to regulate commerce with other nations and among several states. Congress has the power to make all laws that are necessary and proper. Since the elastic clause goes beyond the enumerated powers these are known as implicit powers. The Framers included this clause to assure Congress had some flexibility in legislating. The federal legislature cannot tax exported goods. Congress cannot take away the right of habeas corpus, cannot pass bills of attainder, or ex post facto laws. Nor can Congress grant any title of nobility. States cannot enter into treaties with other countries, coin money, or tax exports.

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Article II: Executive Branch

Must be 35 years old
Natural born citizen
A resident of the U.S. for at least 14 years.
As commander in chief the president oversees and manages the U.S. military.
As head of state, the president receives foreign ambassadors and sends U.S. ambassadors abroad.

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Article III: Judiciary/Judicial Branch

The Framers only mention the Supreme Court.
But they empowered Congress to create lower courts.
Federal courts have jurisdiction over cases involving federal laws, disputes between states, and concerns that involve government officials.
President appoint Supreme court and federal justices with approval of the Senate.
Serve Life terms

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Article IV: States

Defines the relations between states
Full faith and credit clause
"Citizens of each state shall be entitled to all privileges and immunities of citizens in several states."
Addresses extradition process for fugitives who have committed state crimes.

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Article V: Amendments

Defines the amendment process.
Two ways to amend
Two ways to ratify an amendment

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Article VI: Constitution is the "Law of the Land"

To avoid the lack of unification experienced under the Articles of Confederation and to unite the nation under stronger national policy.
Established national supremacy
Supremacy clause declares, "shall be the supreme Law of the Land."

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Article VII: Ratification

Framers outlined the process by which this new plan would be put into place
Goes into effect when the 9th state convention approves.
Leaders and citizens fell into two camps those for and against the new plan.
Federalists and Anti-Federalist
New Hampshire is the 9th state to ratify.
After much debate all 13 states ratify (North Carolina and Rhode Island) the Constitution in 1789.

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Federalists: Support Constitution

James Madison, Alexander Hamilton, and N.Y. Governor John Jay
Madison began writing a series of essays for publication to argue in favor of this new plan.
Hamilton and Jay joined in writing about the Framer's intentions.
Adopted the name to assure citizens that they had created a federal system and the states had not lost their importance.
Today, these papers are known as The Federalist Papers.
Federalist 10 and 51

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Anti-Federalists: Opposition of Constitution

Desired a federal government more like the Articles of Confederation.
Irony--- Anti-federalists argued for a true federal government.
Feared a single executive resembled to much of a monarchy
Feared Congress' power to tax, control a standing army, and do anything it deemed "necessary and proper."

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A Bill of Rights

Those who fought for independence argued that a bill of rights was necessary to secure the liberties earned through the revolution.
Lacked a guarantee of free speech in Congress,no protections against aggressive prosecution, and no promise against cruel and unusual punishment.
Madison feared minorities who suffered at the will of majorities
Fully ratified by 1791

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Popular Sovereignty

The people as the ultimate ruling authority.
Evident in the Preamble, the ratification process, and in the amendment process.

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Democratic Republic

The Framers wanted the citizen representation of a democracy, but on the national level, the created a representative republic, a collective of sovereign states to gather for the national interest, national needs,and national defense

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Separation of Powers

All three branches are distinct in their own powers to dilute power among the three branches.

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The limiting powers each branch has on the others are especially clear in the lawmaking process. A bill can originate in either the House or Senate and must pass both bodies with a simple majority (50 percent plus 1) The the bill is presented to the president, who may sign it into law if in agreement with the proposal. Or, execising checks and balances, the presidnet may reject it with a veto. If after 10 days the president jas done neither, the bill becomes law. If the president receives the bill at the end of a legislative session, his refusal to sign is known as a pocket veto and has the effect of killing the bill.

After the president consents to a law, it is entered in the U.S. Code, our body of federal laws and statutes. If the president vetoes a popular bill, the Congress, can reverse the veto with a tho-thirds overide, which requires the support of a super majority. Congress overrode President George W. Bush's veto for a bill funding stem cell research in 2007.

Congress can consider the president's explanation and reintroduce legislation with changes, or it can try to bypass the veto. Overriding a veto is extremely challenging because it means two-thirds or more of legislators must agree on something.

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Additional Checks on Power

Impeachment process
Senate's right to provide advice and consent on president's appointments
President appoints federal judges, cabinet, and head of agencies, but only if Senate approves.
Judicial review- Marbury v. Madison

An impeachment is an accusation, an indictment of wrongdoing. Article I, Section II claims the House has sole power of impeachment. If a simple majority in the House wants to accuse the president, a federal judge, or another official of wrongdoing, members draft and vote on a bill of impeachment. If passed, the accused official can respond and defend himself in front of the Senate in trial. The Chief Justice resides as the judge and the Senate is the jury. A guilty verdict, or removal, requires two-thirds vote. Two presidents have been impeached, but not removed. Andrew Johnson and Bill Clinton. Article III does not mention the concept of judicial review. The judicial check on power becomes a national reality a few years later after the drafting of the Constitution. Chief Justice Marshall initiated the custom in a complicated dispute between William Marbury and then-Secretary of State James Madison in 1803.

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Marbury v. Madison

Established precedent of judicial review
See notes for facts of case.

Since this landmark judicial decision, judicial review has often become a major step in finalizing law. In modern times, the Supreme Court and lower courts have exercised review to protect liberties and to properly initiate policy. Court can use this power to check the legislature, the executive, or state actions.

Thomas Jefferson defeated John Adams in the 1800 presidential election. Before Jefferson took office on March 4, 1801, Adams and Congress passed the Judiciary Act 1801, which created new courts, added judges, and gave the president more control over appointment of judges. The Act was essentially an attempt by Adams and his party to frustrate his successor, as he used the act to appoint 16 new circuit judges and 42 new justices of the peace. The appointees were approved by the Senate, but they were not valid until their commissions were delivered by Secretary of State John Marshall.

William Marbury had been appointed Justice of the Peace in the District of Columbia, but his commission was not delivered. Marbury petitioned the Supreme Court to compel the new Secretary of State, James Madison, to deliver the documents. Marbury, joined by three other similarly situated appointees, petitioned for a writ of mandamus compelling the delivery of the commissions.

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Federalism

The balance of power among the central, national authority and state or regional authorities.
Federal and state government assigned different powers.

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National Supremacy

Article VI to the Constitution stipulates supremacy of national laws and government.
Included to assure the compliance of the acts of Congress and other treaties with other nations, the supremacy clause in some respects has placed the national government above the states.
Anti-Federalists heavily questioned this provision.

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Limited Government

The Constitution reveals the Framers; commitment ti limited government.
The lawmaking process is slow and designed for gridlock among the branches to discuss, debate, and rewrite legislation before it is fully passed.

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Flexibility

Limited government was important, but the Framers had the foresight to ensure flexibility.
This is why they included the "necessary and proper clause" and the amendment process.