Copyright © Houghton Mifflin Company. All rights reserved.2 | 1 Chapter Two Section Three The Constitution

Copyright © Houghton Mifflin Company. All rights reserved.2 | 2 The Constitutional Convention The Framers (55) attending: men of practical affairs, including Continental army veterans and members of the Congress of the Confederation, 8 had signed the Declaration Gathering was authorized only to revise Articles

Copyright © Houghton Mifflin Company. All rights reserved.2 | 3 The Virginia Plan –Replace Articles –Unitary/Federal? –Presidential Executive and Judicial indirectly elected by legislature –Bicameral? One house directly by the people based on population; one house chosen indirectly by first based on population –Council of Revision Indirectly elected as a second House with veto power over state laws

Copyright © Houghton Mifflin Company. All rights reserved.2 | 4 The New Jersey Plan –Amend Articles –Federal/Confederal? –Parliamentary Executive indirectly elected by Legislature; Judicial chosen by Executive –Unicameral Indirectly elected by the state legislatures –Council of Revision Selected by Executive, approved by Legislature veto power over Federal laws

Copyright © Houghton Mifflin Company. All rights reserved.2 | 5 The Great Compromise –Federal All powers not explicitly given to the Federal government belong to the people and the states –Presidential Executive indirectly elected by electoral college selected by state legislatures; states set election laws Judicial nominated by Executive; approved by Senate –Bicameral House of Representatives directly elected based on population Senate two per state indirectly elected by state legislatures –The Greatest Compromise? House of Representatives Apportionment: 3/5 Compromise Congress could not prohibit slave trade before 1808 Fugitive Slave Clause

Copyright © Houghton Mifflin Company. All rights reserved.2 | 6 Key Principles of US Government FEDERALISM –power divided between national and state governments REPUBLIC –Popular rule, but not direct democracy –Majority rule SEPARATION OF POWERS –Veto, override, appointment/approval, judicial review? AMENDMENT –Proposed 2/3d in Congress; 2/3ds of State legislatures –Approved 3/4ths of states in legislatures or conventions

Copyright © Houghton Mifflin Company. All rights reserved.2 | 7 Three Categories of Powers Enumerated powers : given to national government exclusively; include power to print money, declare war, make treaties, conduct foreign affairs Reserved powers : given to states exclusively; include power to issue licenses and to regulate commerce wholly within a state Concurrent powers : shared by both national and state governments; include collecting taxes, building roads, borrowing money, having courts

Copyright © Houghton Mifflin Company. All rights reserved.2 | 8 Three (?) Categories of Powers Enumerated powers Reserved powers Concurrent powers Implied Powers –elastic clause, necessary and proper clause. An implied power is one not granted in a job description, yet is meant to be taken. The elastic clause was included into the Constitution to allow flexibility. Congress was granted the right to make all laws which they deemed necessary and proper thus expanding their power.

Copyright © Houghton Mifflin Company. All rights reserved.2 | 9 Interpretations of the Constitution Strict interpretation –The strict interpretation of the constitution meant that it was to be followed exactly to the word, a philosophy adopted by Jefferson. Loose interpretation: –Hamilton believed in a loose interpretation, or that powers implied within the Constitution should be included in the new government to fit changes over time.

Copyright © Houghton Mifflin Company. All rights reserved.2 | 10 Ratification of the Constitution Ratifying conventions, not state legislatures Approval by 9 of 13 states –Technically illegal under Articles Federalists and Anti-Federalists –First political parties

Copyright © Houghton Mifflin Company. All rights reserved.2 | 11 Motivations of the Founding Fathers Charles Beard – Economic Interests –Framers were wealthiest men in America –Remember the bonds? –Property rights for landowners –Protection of slavery and political power of slaveholders

Copyright © Houghton Mifflin Company. All rights reserved.2 | 12 Motivations of the Founding Fathers Primary concerns appeared to be –state’s interests –Creation of equal opportunity rather than unnatural and undesirable aristocracy –Guarantees of both freedom of the individual and freedom from tyranny as a natural and civil right Protection of liberty Popular Sovereignty Separation of Powers Federalism

Copyright © Houghton Mifflin Company. All rights reserved.2 | 13 The Anti-federalists Patrick Henry, Sam Adams, George Mason Liberty could be secure only in small republics –Nation needed a loose confederation of states with most of the power wielded by the state legislatures where the citizens could physically abuse the legislators –Tyranny of the majority and minority rights A strong national government should have many more restrictions on it –Bill of Rights

Copyright © Houghton Mifflin Company. All rights reserved.2 | 14 The Federalists John Jay, Alexander Hamilton, James Madison Federalist Papers 10 and 51 –Coalitions were more likely to be moderate because they would represent a diversity of interests –Governments should be somewhat distant from the passions of the people No bill of rights was necessary as most rights were already guaranteed in Constitution or in State Bill of Rights –Habeas corpus –No ex post facto –Trial by jury –Full faith and credit –Separation of church and state

Copyright © Houghton Mifflin Company. All rights reserved.2 | 15 Ratification of the Federal Constitution by State Conventions

Copyright © Houghton Mifflin Company. All rights reserved.2 | 16 Suggestions for Constitutional Reform Questions to consider –How well has it worked in history? –How well has it worked in comparison with other democratic nations? –How can it function better?