1. Creation of the Constitution
Contents
1. Articles of
Confederation
2. Constitutional Convention of 1787
3. Parts and principles of the U.S. Constitution

2. Articles of Confederation
Written 1777
Adopted 1781
State sovereignty was the founding principle
Formed to create one foreign policy
Every state had a veto on constitutional decisions
Every state represented by 3-7 congressmen selected by state legislatures, who could be recalled by state legislatures at will
Contained a short bill of rights

3. Articles of Confederation Cont'd
States approve extradition
of criminals from state to state
No power to tax given to national government
Proposal to tax imports 5% - Never ratified
Northwest Ordinance (1787): set aside land for educational purposes, allows setting boundaries for new colonies, bans slavery in America's current Midwest (Ohio, Indiana, Illinois, Wisconsin, Michigan)

4. Articles of Confederation
A post-war economic
Depression is created, in
part by inflation, paper
currency printed by various states
Shay's Rebellion ( )
Massachusetts veteran of revolutionary war who faced bankruptcy and debtors' prison for the sagging economy.
Annapolis Convention: Five states call a convention to solve problems with the Articles of Confederation, ask for a broader convention

5. Constitutional Convention of 1787
Not present:
John Adams in London, serving as U.S. Ambassador to England
Thomas Jefferson in Paris, Serving as U.S. Ambassador to France (with slave Sally Hemmings)

6. Controversy at Philadelphia
Should the legislature give one vote per state (as the Articles of Confederation did), or elect members of Congress according to population?
Small states wanted to keep their vote (New Jersey Plan), populous states (Virginia Plan) wanted to get representation for all their people.
The result was the “Connecticut Compromise,” proposed by Roger Sherman, which created a bicameral legislature (two chambers), one that represented the states equally (2 per state in the U.S. Senate) and one that represented the people according to population (House of Representatives)

7. Major Player at Constitutional Convention of 1787
James Madison: Author of Virginia plan, took the most comprehensive notes
George Washington: Presided over convention, rarely spoke
Alexander Hamilton: Washington's artillery officer at Yorktown, brilliant lawyer who wanted strong executive
Gouvernuer Morris: most talkative, authored preamble
Daniel Carroll: John Carroll's brother (who was the first American Catholic Bishop), one of only two Catholics present at the convention, one of four that donated farm land to federal government that became Washington, DC
Ben Franklin: Elder statesmen at Convention, highly influential when he spoke (which was infrequently)

8. Anti-Federalists
Patrick Henry: Opposed the Constitution, giving speeches against it because it would create a government too powerful to control and take away state power.
Samuel Adams: Opposed the Constitution at first, but later supported it if a Bill of Rights was added
Richard Henry Lee: Virginia author of congressional independence resolution in 1776, possibly author of “Federalist Farmer” Anti-Federalist papers
George Clinton: New York governor who later becomes Vice President under Thomas Jefferson and James Madison

9. The Dilemma at Philadelphia: How to Avoid a Dictatorship
Dictatorship: One man in charge (or a small group that puts up a front-man) of a government, which usually takes away inalienable rights.

10. Key ways to prevent dictatorship
Separation of powers: The division of government into the legislative (Congress, Article 1), executive (President/cabinet, Article 2) and judicial (Courts, Article 3) branches, each with its own body, powers and defenses.
Checks and balances: Each of the 3 branches has a way of stopping or delaying another branch's powers (e.g., Presidential veto, impeachment, judicial review, etc.)
Delegated/Enumerated powers: List of powers the gov't has and can't go beyond. (esp. in Article I, Sec. 8 of Constitution)
Federalism: A division of powers between two or more levels of government (Federal, state, local). Backed up by enumerated powers, Article IV, as well as the 10th amendment.
Reservation of Powers: Prohibiting powers to government; a list of things the government can not do. (Bill of Rights)

11. Definition of a Preamble
An introduction, a summary of what a constitutional clause will do, but not part of what it actually does.

12. Bill of Rights - Preambles
Preambles in italics
Second amendment: A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.
Fourth amendment: The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated, and no warrant shall be issued but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched or the persons or things to be seized.

13. U.S. Constitution's Preamble (written by Gouvernor Morris)
“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

14. James Madison on enumerated powers in the U.S. Constitution
“We will not believe … the preamble [to the Constitution] would admit a construction which would erect the will of Congress into a power paramount in all cases, and therefore limited in none. On the contrary, it is evident that the objects for which the Constitution was formed were deemed attainable only by a particular enumeration and specification of each power granted to the Federal Government; reserving all others to the people, or to the States. ...Had the States been despoiled of their sovereignty by the generality of the preamble, and had the Federal Government been endowed with whatever they should judge to be instrumental towards union, justice, tranquility, common defense, general welfare, and the preservation of liberty, nothing could have been more frivolous than an enumeration of powers.”
– James Madison, Address to the Virginia legislature, 1799

15. The U.S. Constitution in outline
Article I – Legislative branch: Makes all laws
House: Represents people, number of representatives based on population of state, 2 yr. term, must be 25 yrs. old
Senate: Represents states, two senators per state, 6 yr. term, must be 30 yrs. old
Most powers granted in Section 8
Mini bill of rights in Section 9
Article II – Executive Branch: Enforces all laws
President, 4 yr. term, 35, y.o.
Most powers in Section 2

16. Madison's Notes in 1787, on founders' view of who should have war powers
Mr. Madison and Mr. Gerry moved to insert "declare," striking out "make" war; leaving to the Executive the power to repel sudden attacks.
Mr. Sherman thought it stood very well. The Executive should be able to repel and not to commence war. "Make" better than "declare" the latter narrowing the power too much.
Mr. Gerry never expected to hear in a republic a motion to empower the Executive alone to declare war.
Mr. Ellsworth there is a material difference between the cases of making war, and making peace. It should be more easy to get out of war, than into it. War also is a simple and overt declaration. Peace attended with intricate & secret negociations.
Mr. Mason was against giving the power of war to the Executive, because not safely to be trusted with it; or to the Senate, because not so constructed as to be entitled to it. He was for clogging rather than facilitating war; but for facilitating peace. He preferred "declare" to "make".

17. Congress Power of the Sword: War Power of the Purse: Taxes Declare war
Make rules for military
Punish pirates (letters of Marque and Reprisal)
Power to fund/defund military
Power of the Purse: Taxes
Taxes (and by rule, most spending) must begin in House of Representatives
Direct: Tax on a person or property, “apportioned” among states according to representation
Indirect: Tax on conditional event, must be “uniform” throughout U.S.

18. How a bill becomes a law:

19. The U.S. Constitution in outline
Article III – Judicial branch: Decides if law is broken
Supreme court, other courts
Article IV – The States: Rights and responsibilities of states
Article V – Changing the Constitution (amendments) by Congress sending amendment to states or by state conventions.
Article VI – Supremacy clause: Constitution is highest law in the land
Article VII – (Temporary clause) How proposed Constitution can be ratified

20. Separation of Powers Judicial Branch Legislative Branch Executive
House of Representatives
(Democracy – Popular vote)
President
(Monarchy - Electoral College)
Supreme Court
(Aristocracy – Appointment/ Senate Confirmation)
Senate
(Aristocracy – State vote)
Cabinet/Workforce/ Military
(Appointment)
Lower Courts

21. Checks and Balances Legislative Executive Judicial States Two Houses:
House (popular vote) and Senate (state legislatures)
1. Impeachment/
Conviction
2. Veto Override
3. Senate appointment/ treaty ratification
4.Control money
1. Impeachment/ Conviction
2. Denial of jurisdiction
3. Abolition of Courts
Enforcement statute (law)
Veto
XXXXXXXXX
1. Appointment (with Senate)
2. Pardon/Amnesty
Executive Order to enforce law
1. Judicial review
2. Salary constitutionally protected
3. Lifetime appointment
2. Lifetime appointment
Judicial review
1. U.S. Senate
2. Constitutional Convention
3. Nullification
1. Nullification/ interposition
Many states, anyone can vote with their feet and move to another state

22. Federalism: The idea that most functions of government need to be on the state or local level (backed up by enumerated powers, Article IV and 10th amendment)
Level of Government
Responsibilities
Federal (National)
National defense, borders, interstate trade rules, banking rules, a few others.
State
Most laws: Murder, theft, marriage laws, etc.
Local (city, town, county)
Most roads, sewers, schools, board of health, police, fire departments, etc.