U.S. Constitution Creating a Constitution Video Annenberg Classroom

Contents of the U.S. Constitution The Preamble  Article 1: The Congress (Senate and House of Rep)  Article 2: The Executive (President)  Article 3: The Judiciary (Supreme Ct. and Lower Cts.)  Article 4: The States  Article 5: Process to Amend the Constitution  Article 6: Constitution is Supreme Law of the Land  Article 7: Process to Ratify this Constitution  Amendments 1-10 (Bill of Rights)  Amendments Pages 27 Amendments in 224 Years Read the Constitution

The Original US Constitution Genuine Movement toward Democracy Clear resistance on Democracy

The Original US Constitution Components of Democracy “We the People…” (made a bold philosophical statement) Established a constitutional, representative form of government Entitled some people to vote for some of their representatives Created a system for holding representatives accountable Required federal government to publicly report on some of its proceedings. Separated and placed checks on the government’s exercise of power Read the Constitution

The Original US Constitution Limitations on Democracy Document debated and written by elite white males Allowed and supported the practice of slavery Senators selected by state legislatures, not directly by the people President selected by Electoral College, not directly by the people Judges selected by President & Senate, not directly by the people Voting rights limited to white, male property owners / taxpayers Provided little protection for minorities from the will of the majority Made no provisions for publicly-funded, mass education Read the Constitution

Native Americans Native Americans in the Original US Constitution Indian Tribes were ‘independent, sovereign nations’ before Europeans arrived, and they still were after the United States was created.

US Constitution Article I, Section 2, Clause 3 “Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct.” Article I, Section 2, Clause 3 “Congress shall have Power... To regulate Commerce with foreign Nations, and among the several states, and with the Indian Tribes.”

Indian Reservations in the Continental US Treaties

Slavery Numeration Clause (Art 1, Sec 2) counted slaves as 3/5 of a person Kentucky Census Example Importation Clause (Art 1, Sec 9) said importing slaves could not be prohibited prior to 1808 Fugitive Slave Clause (Art 4, Sec 2) said escaped slaves captured in a non-slave state must be returned to the slave owner

Voting Rights left up to each state Most States Who Could Vote? Citizen White Male 21 Property Owner and/or Tax Payer In the first presidential election of 1789, only 1.3% of the population in the States voted for Electors, and those Electors chose George Washington as the first President of the U.S.A.

Abigail Adams writing to her husband VP John Adams “if particular care and 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.”

Naturalization Act of 1790 Who Could Become a US Citizen? “Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That any Alien being a free white person, who shall have resided within the limits and under the jurisdiction of the United States for the term of two years, may be admitted to become a citizen thereof on application to any common law Court of record in any one of the States wherein he shall have resided for the term of one year at least, and making proof to the satisfaction of such Court that he is a person of good character, and taking the oath or affirmation prescribed by law to support the Constitution of the United States, which Oath or Affirmation such Court shall administer, and the Clerk of such Court shall record such Application, and the proceedings thereon; and thereupon such person shall be considered as a Citizen of the United States. And the children of such person so naturalized, dwelling within the United States, being under the age of twenty one years at the time of such naturalization, shall also be considered as citizens of the United States. And the children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States, shall be considered as natural born Citizens: Provided, that the right of citizenship shall not descend to persons whose fathers have never been resident in the United States: Provided also, that no person heretofore proscribed by any States, shall be admitted a citizen as aforesaid, except by an Act of the Legislature of the State in which such person was proscribed.”

Naturalization Act of 1790 Who Could Become a US Citizen?

Almost immediately…Amendments 1-10…in 1791 Bill of Rights Bill of Rights 1. Freedom of religion, speech, press, assembly, petition 2. Right of people to bear arms 3. Soldiers shall not be quartered in private homes 4. Right to be secure in their persons, houses, papers, etc., and against unreasonable searches 5. Right to notice of charges, protection from double jeopardy, testifying against oneself, and punishment without due process of law 6. Right to speedy trial by jury, to confront witnesses, to counsel 7. Right to trial by jury 8. Protection against excessive bail, and cruel and unusual punishment 9. These stated rights do not mean that people could not have other rights, as well 10. Powers not given to the US in the Constitution are reserved for the States

How have changes or amendments to the U.S. Constitution Impacted Democracy ? Have amendments to the US Constitution restricted or expanded democracy? Amendments 11-27

Constitutional Amendments Clearly defines original jurisdiction of Supreme Court (1795) 12.Electoral College for selecting President / VicePresident (1804) 13. Abolished slavery (1865) 14.Established citizenship, as well as due process and equal protection rights (1868) 15.Gave suffrage to all males of age, regardless of race (1870) 16.Established Federal Income Tax system (1913) 17.Established popular vote for Senators (1913) 18.Prohibition (1919) 19. Gave women right to vote (1920) 20.Terms of office for Legislature, Presidential succession (1933) 21.Ended Prohibition (1933) 22.Terms limits for President (1951) 23.Gave D.C. electoral votes (1961) 24.Ended poll taxes (1964) 25.Further clarifies Presidential succession (1967) 26.Gave right to vote to all citizens 18 years of age, and older (1971) 27. Legislators cannot give themselves pay raises in an election year (1992)

How have changes or amendments to the U.S. Constitution Impacted Democracy ? Have amendments to the US Constitution restricted or expanded democracy? Amendments 11-27