Constitutional Foundations

Major Topics From Colonies to Independence From Colonies to Independence The Critical Period (1781 – 1789) The Critical Period (1781 – 1789) The U.S. Constitution The U.S. Constitution Basic Principles of American Government Basic Principles of American Government

Basic Questions What were the basic ideas of the Declaration of Independence? What were the basic ideas of the Declaration of Independence? How did the Constitution create a stronger central government without threatening individual liberties? How did the Constitution create a stronger central government without threatening individual liberties? How does our federal system of government work? How does our federal system of government work? How are individual rights protected by the Constitution and the Bill of Rights? How are individual rights protected by the Constitution and the Bill of Rights?

Declaration of Independence (1776) Author: Thomas Jefferson Author: Thomas Jefferson Influenced by: John Locke Influenced by: John Locke Supported by: Thomas Paine’s Common Sense Supported by: Thomas Paine’s Common Sense

Declaration of Independence Democratic Theory Democratic Theory All men are created equal All men are created equal Government by the consent of the governed Government by the consent of the governed Inalienable rights to life, liberty,…happiness Inalienable rights to life, liberty,…happiness Right to revolt against a government that does not protect the people’s rights Right to revolt against a government that does not protect the people’s rights

Declaration of Independence Grievances against Great Britain Grievances against Great Britain To show that the Americans had been mistreated by the British To show that the Americans had been mistreated by the British Taxation without representation Taxation without representation Quartering troops in the colonists’ homes Quartering troops in the colonists’ homes Interfering with trade Interfering with trade Interfering with trial by jury Interfering with trial by jury Interfering with colonial self-government Interfering with colonial self-government

Importance of the Declaration of Independence Announced independence of the U.S. Announced independence of the U.S. Inspired others (French Revolution, post- WWII) Inspired others (French Revolution, post- WWII) Goal for other reform movements (equality) Goal for other reform movements (equality)

Articles of Confederation (1781 – 1789) Strong state governments, weak national Strong state governments, weak national

Articles of Confederation Accomplishments Accomplishments Land Ordinance – grid pattern for orderly settlement Land Ordinance – grid pattern for orderly settlement Northwest Ordinance – expand democracy into territories, process to become a state Northwest Ordinance – expand democracy into territories, process to become a state Kept 13 states together Kept 13 states together Weaknesses States dominate/No national interest Lacked basic powers No executive or judicial No control of trade No uniform currency No power to tax or raise army

Problems under the Articles of Confederation Trade suffered – U.S. can’t enforce trade agreements, states competed with each other, money and tariffs too confusing Trade suffered – U.S. can’t enforce trade agreements, states competed with each other, money and tariffs too confusing Shays’ Rebellion – Massachusetts farmers rebelled over currency and debt issues; national government had no power to respond – demonstrated need for stronger national government Shays’ Rebellion – Massachusetts farmers rebelled over currency and debt issues; national government had no power to respond – demonstrated need for stronger national government

Constitutional Convention Philadelphia Agreed to Agreed to 3 branches of government – Legislative, Executive, & Judicial 3 branches of government – Legislative, Executive, & Judicial National government needs power to tax, regulate interstate & foreign trade, sole power to coin money, raise an army National government needs power to tax, regulate interstate & foreign trade, sole power to coin money, raise an army

Constitutional Compromises “A Bundle of Compromises” Representation in Legislature Representation in Legislature Virginia Plan v. New Jersey Plan The Great Compromise 2 house Congress (bi-cameral) 2 house Congress (bi-cameral) House of Representatives - # of representatives based on state population House of Representatives - # of representatives based on state population Senate – equal # of Senators per state Senate – equal # of Senators per state Any bill must pass both houses to become a law Any bill must pass both houses to become a law

(Compromises) Slavery Slavery North v. South North v. South 3/5 Compromise 3/5 Compromise Slave populations would be counted as 3/5 of a person for purposes of representation and taxation Slave populations would be counted as 3/5 of a person for purposes of representation and taxation

(Compromises) Tariffs Tariffs North v. South North v. South Tariff Compromise Tariff Compromise Congress may tax imports but never may tax exports Congress may tax imports but never may tax exports Encourage favorable balance of trade Encourage favorable balance of trade

(Compromises) Electing the President Electing the President Delegates didn’t trust the common man to make wise decisions Delegates didn’t trust the common man to make wise decisions Electoral College Compromise Electoral College Compromise Voters choose electors representing a candidate Voters choose electors representing a candidate Electors choose the President Electors choose the President President is indirectly elected by the voters President is indirectly elected by the voters President is directly elected by the electors President is directly elected by the electors

Ratification of the Constitution Federalists Federalists Supported Constitution & stronger central gov’t. Supported Constitution & stronger central gov’t. Big names support Big names support Organized Organized Federalist Papers – editorials supporting Constitution Federalist Papers – editorials supporting Constitution Anti-Federalists Feared too strong a central gov’t. could take away rights Favored stronger state gov’ts. – closer to the people Concern that the original Constitution did not list the rights of the people

Ratification 9/13 states approved 9/13 states approved Federalists agreed to add a Bill of Rights Federalists agreed to add a Bill of Rights

The Constitution ( ) A blue-print or framework for a national government A blue-print or framework for a national government

Federalism Divide powers between national and state governments Divide powers between national and state governments Delegated (enumerated) powers – federal gov’t Delegated (enumerated) powers – federal gov’t Article I Section 8 – Elastic Clause – “necessary and proper” clause stretches Nation Article I Section 8 – Elastic Clause – “necessary and proper” clause stretches Nation Reserved powers (10 th Amendment) – state gov’t Reserved powers (10 th Amendment) – state gov’t Concurrent powers - BOTH Concurrent powers - BOTH

Separation of Powers 3 branches of government 3 branches of government Legislative Legislative Executive Executive Judicial Judicial

Checks and Balances (from Montesquieu) (from Montesquieu) No one or no one branch gets too powerful No one or no one branch gets too powerful

Constitutional Flexibility Amendments Amendments Interpretation (Judicial Review) Interpretation (Judicial Review) Elastic Clause (Implied Powers) – Congress can make laws that are “necessary & proper” to carry out delegated powers Elastic Clause (Implied Powers) – Congress can make laws that are “necessary & proper” to carry out delegated powers

Amendment Process Proposed by Proposed by 2/3 of both houses of the Congress 2/3 of both houses of the Congress Ratified by ¾ of the state legislatures

Amendments # 1 – 10 – Bill of Rights (1791) # 1 – 10 – Bill of Rights (1791)

Civil Rights Amendments (Post Civil War) #13 – No slavery #13 – No slavery #14 – Equal protection of the laws #14 – Equal protection of the laws #15 – Can’t deny vote due to race, color, or previous condition of servitude #15 – Can’t deny vote due to race, color, or previous condition of servitude

Progressive Era Amendments #17 – Direct election of U.S. Senators #17 – Direct election of U.S. Senators #19 – Women’s right to vote #19 – Women’s right to vote #24 - Eliminated the poll tax #24 - Eliminated the poll tax #26 – 18 year-olds can vote #26 – 18 year-olds can vote #18 & #21 Prohibition/Repeal of Prohibition #18 & #21 Prohibition/Repeal of Prohibition

“Presidential” Amendments #12 – separate ballots (not same ballot - #1-= President; #2 = VP) ; for Pres & VP ( so both would come from same Political Party) #12 – separate ballots (not same ballot - #1-= President; #2 = VP) ; for Pres & VP ( so both would come from same Political Party) #20 – terms of Pres and Congress start in January (not March) – “Lame Duck” Amendment #20 – terms of Pres and Congress start in January (not March) – “Lame Duck” Amendment #22 – 2 term limit on President #22 – 2 term limit on President #25 – Presidential Line of Succession; VP…Speaker of the House…etc. #25 – Presidential Line of Succession; VP…Speaker of the House…etc.