1. The Constitution UNIT TEST!!!!! (Day 7)
The Origins of the Constitution (DAY 1)
The Road to Revolution
Declaring Independence
The English Heritage: The Power of Ideas
The Articles of Confederation
National Government under the Articles
Weakness of the Articles
Consequences of the Weakness of the Articles
Making a Constitution: The Philadelphia Convention (DAY 2 & 3)
Framers
Agenda in Philadelphia
Equality Issues
Economic Issues
Individual Rights Issues
The Madisonian System - Constructing the Constitution (DAY 3 & 4)
Separation of Powers
Federalism – National vs State Governments
Electoral College and election of Senators
Checks and Balances
Powers found within the Constitution (Day 5 & 6)
Inherent, Enumerated, Implied, Concurrent, and Reserved
Important Clauses
Changing the Constitution
Formal Amendment Process
Informal Amendment Process
Ratifying the Constitution
Federalists v. Anti-Federalists
Federalist Papers #10 & #51
UNIT TEST!!!!! (Day 7)
Brief Contents of Chapter 2: The Constitution

2. I. The Origins of the Constitution
The Road to Revolution
Declaring Independence
The English Heritage: The Power of Ideas
Lecture Outline
A constitution is a nation’s basic law that:
Creates political institutions.
Assigns or divides powers in government.
Often provides certain guarantees to citizens.
Includes an unwritten accumulation of traditions and precedents.
Sets the broad rules of the game of politics.
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3. I. The Origins of the Constitution
LO 2.1
I. The Origins of the Constitution
The Road to Revolution
Colonists faced tax increases after the French and Indian War.
Colonists lacked direct representation in parliament.
Colonial leaders formed the Continental Congress to address abuses of the English Crown.
Lecture Outline
The Road to Revolution
The King and Parliament originally left almost everything except foreign policy and trade to the discretion of individual colonial governments.
Britain obtained a vast expanse of new territory in North America after the French and Indian War ended in 1763.
The British Parliament passed a series of taxes to pay for the cost of defending the territory, and also began to tighten enforcement of its trade regulations.
Americans resented the taxes, especially since they had no direct representation in Parliament.
The colonists responded by forming the First Continental Congress (September, 1774) and sent delegates from each colony to Philadelphia to discuss the future of relations with Britain.
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4. LO 2.1 To Learning Objectives
Figure 2.1 European Claims in North America
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5. I. The Origins of the Constitution
LO 2.1
I. The Origins of the Constitution
Declaring Independence
In May and June 1776, the Continental Congress debated resolutions for independence.
The Declaration of Independence, which listed the colonists grievances against the British, was adopted on July 4, 1776
Politically, the Declaration was a polemic, announcing and justifying revolution.
Lecture Outline
Declaring independence
The Continental Congress met in almost continuous session during 1775 and 1776.
In May and June of 1776, the Continental Congress began debating resolutions about independence; after two days of debate on the wording, the Declaration of Independence (written primarily by Thomas Jefferson) was adopted on July 4.
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6. I. The Origins of the Constitution
LO 2.1
The English Heritage: The Power of Ideas
John Locke – Influential British political theorist from whose writings many of our political beliefs developed.
Natural Rights – Rights inherent in humans being, not dependent on government.
“Life, liberty, and property”
Changed to “Life, liberty, and pursuit of happiness” by Thomas Jefferson
Purpose of Government – to secure these rights
Consent of the Governed – The government derives its authority by sanction of the people.
Limited Government – Put certain restrictions on government to protect natural rights.
All men created equal
Right to Revolt
Lecture Outline
The English Heritage: The Power of Ideas
John Locke’s writings, especially The Second Treatise of Civil Government, profoundly influenced American political leaders.
Locke’s philosophy was based on a belief in natural rights, the belief that people exist in a state of nature before governments arise, where they are governed only by the laws of nature.
Natural law brings natural rights, which include life, liberty, and property.
Because natural law is superior to human law, natural law can justify even a challenge to the rule of a tyrannical king.
Locke argued that government must be built on the consent of the governed—the people must agree on who their rulers will be.
Government should also be a limited government, with clear restrictions on what rulers can do.
According to Locke, the sole purpose of government was to protect natural rights.
In an extreme case, people have a right to revolt against a government that no longer has their consent, but Locke stressed that people should not revolt until injustices become deeply felt.
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7. LO 2.1 To Learning Objectives
Table 2.1 Locke and the Declaration of Independence: Some Parallels
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8. II. Articles of Confederation
National Government under the Articles
Weakness of the Articles
Consequences of the Weakness of the Articles

9. II. The Articles of Confederation
LO 2.2
II. The Articles of Confederation
National Government under the Articles
The first document to govern the United States, ratified in 1781.
It created a confederation among 13 states and former colonies. Designed to preserve independence of the states. (What other confederation have you learned about in high school?)
UNICAMERAL Congress (one chamber of Congress, not two like we have now) had few powers; there was no president or national court system.
All government power rested in the states.
Lecture Outline
The Articles of Confederation
The Articles of Confederation established a government dominated by the states.
The Articles established a national legislature (the Continental Congress) with one house.
States could send up to seven delegates, but each state had only one vote.
The Continental Congress had few powers outside of maintaining an army and navy (and little money to do even that); it had no power to tax and could not regulate commerce (which inhibited foreign trade and the development of a strong national economy).
There was no president and no national court.
The weakness of the national government prevented it from dealing with the problems that faced the new nation.
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10. ARTICLES OF CONFEDERATION
Levying (raising) taxes:
Congress had no power to raise taxes. Had to ask states to contribute money to national government.
Federal Courts:
No system of federal courts
Regulation of trade:
No power to regulate interstate trade
Executive:
No executive with power. President merely presided over Congress.
Amending the Articles:
13 of 13 states needed to amend Articles. Must be unanimous.
Representation of states in Congress:
Equal representation. 1 vote for each state, regardless of size of state.

11. ARTICLES OF CONFEDERATION
Raising an Army:
Congress could not draft troops. Dependent on states to contribute forces if ever needed.
Interstate commerce:
No control of trade between states.
Disputes between the states:
Complicated system of arbitration.
Sovereignty:
Sovereignty resided with the states, NOT with the federal government.
Passing laws:
9 of 13 states needed to pass laws (legislation).

12. I. The Articles of Confederation
B. Weakness of the Articles
Without power to collect taxes, national government had few financial resources with which to repay its war debts.
Development of a national economy was inhibited by government’s inability to establish and regulate trade.
Articles prevented the formation of a unified national government out of a collection of states with different political, economic, and social concerns.
States retained full sovereignty.

13. I. The Articles of Confederation
Consequences of Weakness of the Articles
Shay’s Rebellion!!
Rebellion not easy quelled because national government had no power to raise a militia.
Annapolis Convention
An attempt to discuss changes to the Articles of Confederation in September 1786.
Attended by only 12 delegates from 5 states.
Called for a meeting in May 1787 to further discuss changes—the Constitutional Convention

14. III. Making a Constitution: The Philadelphia Convention
Framers
Agenda in Philadelphia
The Madisonian System - Constructing the Constitution
Changing the Constitution
Ratifying the Constitution

15. III. Making a Constitution: The Philadelphia Convention
IMPORTANT:
Remember, delegates went to Philly to FIX the Articles of Confederation. They decided to create a new form of government AFTER they arrived there!
Framers
Who were the Framers?
55 men from 12 of the 13 states.
Mostly wealthy planters and merchants.
Most were college graduates with some political experience.
Many were coastal residents from the larger cities, not the rural areas.

16. III. Making a Constitution: The Philadelphia Convention
2. Framer’s Philosophy into Action
Human Nature – People were self-interested; government should check and contain the natural self-interest of people.
Political Conflict – Wealth (property) distribution is the source of political conflict; factions arise from the unequal distribution of wealth.
Objects of Government – Property must be protected against the tyranny of faction.
Nature of Government – Secret of good government is “balanced government” because as long as no faction could seize complete control of government, tyranny could be avoided.

17. III. Making a Constitution: The Philadelphia Convention
Agenda in Philadelphia
The Equality Issues
The Economic Issues
The Individual Rights Issues

18. III. Making a Constitution: The Philadelphia Convention
The Equality Issues:
Equality and Representation of the States – The New Jersey Plan and Virginia Plan led to the Connecticut Compromise.
VIRGINIA PLAN –
Representation in Congress in proportion to that state’s share of U.S. population. Bigger the state, more representatives in Congress. Who does this benefit?
NEW JERSEY PLAN-
Representation in Congress should be equal regardless of size of state’s population. Who does this benefit?
CONNECTICUT PLAN (The Great Compromise)-
Divide Congress into 2 houses:
House of Representatives- based on population.
Senate – equal representation. 2 from each state.

19. III. Making a Constitution: The Philadelphia Convention
2. The Equality and slavery
Constitution touches on slavery 3 times:
Congress can limit the importation of slaves after the year They can’t touch it before then, though.
Slaves had to be returned to their masters if they escaped to a free state.
3/5ths Compromise:
Each slave would be counted as 3/5ths of a person for representation purposes.

20. III. Making a Constitution: The Philadelphia Convention
3. Equality and voting
Congress debated about who should be allowed to vote in national elections.
Left it up to the states – people qualified to vote in state elections could vote in national elections.

21. III. Making a Constitution: The Philadelphia Convention
B. Economic Issues
States had tariffs (taxes) on products from other states.
Paper money was basically worthless.
Congress could not raise money.
Key actions taken – Powers of Congress were strengthened and powers of states were limited.

22. LO 2.4 To Learning Objectives
The framers also prohibited practices in the states that they viewed as inhibiting economic development.
State monetary systems.
Placing duties on imports from other states.
Interfering with lawfully contracted debts.
States were required to respect civil judgments and contracts made in other states, and to return runaway slaves to their owners (overturned by the Thirteenth Amendment).
The national government guaranteed the states “a republican form of government” to prevent a recurrence of Shays’ Rebellion, and the new government was obligated to repay all the public debts incurred under the Continental Congress and the Articles of Confederation ($54 million).
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Table 2.3 Economics in the Constitution
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman

23. III. Making a Constitution: The Philadelphia Convention
C. The Individual Rights Issues
Prohibits suspension of writ of habeas corpus.
No bills of attainder.
No ex post facto laws.
Religious qualifications for holding office prohibited.
Strict rules of evidence for conviction of treason.
Jury trial in criminal cases.

24. Shorties……Rise and Unite!!!!
Time for the Shortie’s to get what they want out of government!!

25. Shorties….Rise and Unite!!
Shorties want more access to government positions & governmental power and want to use that power to improve lives for Shorties everywhere.
What parts of government do you want to control?
How will you gain this power?
What things will you do to help Shorties everywhere once you are in power?

26. III. Making a Constitution: The Philadelphia Convention
“Thwarting Tyranny of the Majority”
The Madisonian System – Constructing the Constitution
Separation of Powers
Establishing a Federal System
Electoral College and election of Senators
Creating Checks and Balances

27. III. Making a Constitution: The Philadelphia Convention
The Madisonian System – Constructing the Constitution
Thwarting Tyranny of the Majority
Separation of Powers –
Separate branches of national government:
Legislative (Article I), Executive (Article II), and Judicial (Article III)
Branches are relatively independent of the others so no single branch could control the others.
Legislative branch is divided within itself, too: House and the Senate
Establishing a Federal System –
Federalism divides power between national and state governments.
Currently 51 separate government entities.
Electoral College and election of Senators–
Constitution designed to keep most of the government beyond the control of the MAJORITY
How are national office holders elected?
President – by the electoral college
Federal Judges – nominated by Prez, confirmed by Senate
Senators – by state legislators
House – by the people

28. LO 2.5 To Learning Objectives
Figure 2.3 The Constitution and the Electoral Process: The Original Plan
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29. III. Making a Constitution: The Philadelphia Convention
The Madisonian System – Constructing the Constitution
Electoral College (cont’d)
Electors (chosen by state legislatures) elect the president
Must get MAJORITY of electoral votes to become president
Number of electors equals number of members in Congress
Currently 535 members of Congress = 535 electors
Add 3 more electors for Washington, DC (23rd Amend.)
538 total electors.
Majority number of electoral votes to win = 270
If no candidate gets majority (270), House chooses from top 3 candidates. Senate chooses VP.

30. III. Making a Constitution: The Philadelphia Convention
The Madisonian System – Constructing the Constitution
Creating Checks and Balances – Each branch needs the consent of the others for many actions.

31. Legislative Branch Legislative branch checks over the Executive Br:
Override president’s veto by 2/3 vote of both houses of Congress
May impeach and remove president from office
Senate may refuse to confirm presidential appointments or refuse to ratify treaties
It creates executive agencies and programs and may investigate executive agencies
It appropriates funds for executive agencies

32. Legislative Branch Legislative branch checks over itself:
The House and the Senate can check each other
Legislative branch checks over Judiciary branch:
Can create or disestablish lower federal courts
Sets salaries for federal judges
Senate may refuse confirmation of judicial appointments
May propose constitutional amendments to effectively overrule court decisions
May impeach (House) and remove (Senate) federal judges

33. Executive Branch Executive branch checks over the legislative br:
President may veto acts of Congress
President may call special sessions of Congress
President may recommend legislation
Checks over Judicial Branch:
President appoints federal judges
President grants reprieves, clemency, pardons, & amnesty to those convicted in federal courts
May refuse to enforce court decisions

34. Judiciary Branch Checks over the Legislative branch:
May rule legislative acts unconstitutional
Checks over the executive branch:
May rule executive acts unconstitutional
Chief Justice presides over impeachment TRIAL of President

35. III. Making a Constitution: The Philadelphia Convention
Powers found within the Constitution
Inherent powers: (not in the Constitution)
Powers ANY type of government has just by existing.
Set its borders
Decides who it lets in (immigration)
Decides who gets to be a citizen
Expressed, enumerated, or delegated powers:
Powers WRITTEN in the Constitution. Powers specifically given to Congress
Article I, Section 8, Clauses 1-17
Ex: power to tax, declare war, raise an army & navy

36. III. Making a Constitution: The Philadelphia Convention
Powers found within the Constitution
Implied powers:
Powers not actually given to Congress (i.e. expressed, enumerated, delegated), but it is implied that Congress has these powers.
Comes from “necessary and proper clause”
Article I, Section 8, clause 18
Also known as the “elastic clause” because it stretches the power of Congress.
McCulloch v. Maryland (1803) came up with the term “implied powers” and determined that Congress did have these powers.
Ex: Congress has power to draft soldiers because it is a “necessary and proper” law to help it carry out its enumerated, expressed, delegated power to raise an army and navy.

37. III. Making a Constitution: The Philadelphia Convention
Powers found within the Constitution
Reserved powers:
Powers reserved to the states
Comes from the 10th Amendment:
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
Ex: police powers, marriage licenses, birth certificates, divorces, drivers licenses, drinking age, etc.
Concurrent powers:
Powers both the national government and the states have – tax, courts, write laws, etc.

38. III. Making a Constitution: The Philadelphia Convention
Important Clauses
The Supremacy Clause, Article VI (Article 6)
“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”

39. III. Making a Constitution: The Philadelphia Convention
“Necessary & Proper” Clause (aka Elastic Clause), Article I, Section 8, Clause 18
“The Congress shall have the Power***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 or Officer thereof.”

40. III. Making a Constitution: The Philadelphia Convention
Commerce Clause Article 1, Section 8, Clause 3
“The Congress shall have the Power***To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;”

41. III. Making a Constitution: The Philadelphia Convention
“Due Process” Clauses
5th Amendment:
No person shall ***be deprived of life, liberty, or property, without due process of law; ***”
14th Amendment:
Section 1. ***; nor shall any State deprive any person of life, liberty, or property, without due process of law; ***”

42. III. Making a Constitution: The Philadelphia Convention
Equal Protection Clause
14th Amendment:
“Section 1. ***; nor shall any State ***deny to any person within its jurisdiction the equal protection of the laws.”

43. III. Making a Constitution: The Philadelphia Convention
Slavery Clauses
3/5 Compromise Clause (Article 1, section 2)
Fugitive Slave Clause (Article 4, Section 2, clause 3)
Slave Trade Clause (Article 1, Section 9)

44. III. Making a Constitution: The Philadelphia Convention
Changing the Constitution
Formal Amendment Process
Informal Amendment Process

45. FEDERALISTS Wanted the Constitution to be ratified.
Led by James Madison, Alexander Hamilton, John Jay
Stressed weakness of the Articles; strong government needed to protect nation & solve domestic problems
Checks and balances would protect against abuses
Constitution would protect property rights
Constitution does have protections of individual rights and it has reserved powers for the states.

46. ANTI-FEDERALISTS Opposed ratifying the Constitution
Led by Patrick Henry, Richard Henry Lee, George Mason, Samuel Adams
Wanted strong state governments; feared a strong national government
Felt Constitution created a strong executive similar to a monarchy
It gave power to the elite
Wanted a bill of rights to give individuals more protection against government.