the founding fathers and a “more perfect union” the building of the american constitution
TRANSCRIPT
The Founding Fathers and a
“More Perfect Union”
The Building of the American Constitution
The First Governmentof the United Stateswas Fatally Flawed
Congress couldn’t levy taxes Congress couldn’t regulate commerce There was no national judiciary Each state had just one vote despite population National government couldn’t act against a state The National government was bankrupt as a
result of the war States became embroiled in trade wars
Solution? FEDERALISM
Compromise (“The Great”) allowed all states to share sovereignty with the national government
The national government took supremacy over many matters including commerce, defense, civil liberties, etc.
State governments took supremacy over issues of great local importance including education, etc.
.
The Three Compromises in Philadelphia
All rooted in the idea of “Equality” Madison and the “Tyranny of the
Majority”
Equality of the States
Slavery
Political equality [right to vote]
EQUALITY OF THE STATES
PROBLEM– SHOULD STATES BE RPRESENTED EQUALLY
OR IN PROPORTION TO THEIR POPULATION?
SOLUTION– CONNECTICUT COMPROMISE: STATES HAVE
EQUAL REPRESENTATION IN THE SENATE AND POPORTIONAL REPRESENTATION IN THE HOUSE
SLAVERY
PROBLEM– WHAT SHOULD BE “DONE” WITH SLAVERY
SOLUTIONSTATES AGREED TO ALLOW COCNGRESS
TO STOP IMPORTING SLAVES AFTER 1808-NO ISSUES OR OTHER PRO BLEMS RELATED TO SLAVERY WERE ADDRESSED
POLITICAL EQUALITY
PROBLEM SHOULD THE RIGHT TO VOTE BE BASED ON
UNIVERSAL MANHOOD SUFFRAGE OR SHOULD IT BE RESTRICTED [education, property, wealth, etc]
SOLUTION
LET THE STATES DECIDE QUALIFICATION FOR VOTING
Federalism – The American Version
Division of power between national, state, and municipal governments
Compromise between dictatorial national government and independence of the states
Historically, the national government continues to gain power:– Expressed Powers– Implied Powers:– Inherent Powers:
This Uniquely American System is embodied by the Constitution of 1789 –
at the time a very controversial document Supporters were called
Federalists– James Madison– Alexander Hamilton– John Jay
Emphasized importance of a strong central government (unitary) to improve on the problems of “the Articles”
Published “Federalist Papers” in New York
Opponents were known as Anti-Federalists– Patrick Henry– John Hancock– Samuel Adams
Opposed surrendering state powers to the central government
Concerned about the return of a strong Executive (King George paranoia)
Argued for a Bill of Rights to counteract the strong national gov’t.
Basic Principles of the Constitution
1. Representative Government2. Federalism3. Separation of Powers4. Checks and Balances5. Rule of Law6. Popular Sovereignty
Representative GovernmentPopular Sovereignty
Selection of representatives in “free” and scheduled elections
Governance by the “consent of the governed”
Why is the National Government getting stronger? Many problems are of a national nature States need the national government for $$ Unequal distribution of wealth among and within states Inability or unwillingness of states to deal with certain
problems [rights and liberties] “Statements of power” to the natonal government found
in the Constitution
General Welfare clause
Commerce Power
Defense of the Nation
Necessary and Proper clause elastic clause Courts have slowly and methodically taken away states
constitutional rights
Duties of the National Government
1 Guarantee territorial integrity of states
2 Guarantee a republican form of government
3 Protect each state from invasion 4 Protect against domestic violence
– 1894 Pullman strike 1857 Little Rock – 1962 University of Mississippi 1992 LA Riots
5 Assist with natural disasters
6 Congress chooses to admit new states
Powers DENIED to the States
1 No coinage of money2 no tariffs3 no troops in peacetime4 no signing treaties with other nations without Congressional approval5 No slavery [13th amendment]6 no depriving of life , liberty or stuff without due process7 No denial of vote on basis of race
8 No denial of vote on basis of gender 9 no power to destroy the federal system [civil war]
Powers and Responsibilities of the States
1 no enumerated powers in the Constitution– [10th amendment—powers not given to national government are
reserved to the states 2 education 3 marriage 4 voting 5 property laws 6 public safety laws 7 welfare 8 establishment of local governments 9 state taxes
Concurrent PowersPowers shared by National and State Governments
Powers not denied to the states or given to the national government
Collecting Taxes Making and enforcing laws Borrowing and spending $$ Regulating Commerce *Education *Welfare *Highway Construction *Urban Renewal
Hope all is goodHope all is good
Separation of Powers
Insures against any one branch from gaining too much power
Different constituencies for different branches of government
Different terms of office for different branches of government
Checks and Balances Executive (Presidency)
– Checks on Congress• Propose legislation• Veto legislation
– Checks on Judiciary• Appoints federal judges• Enforces court decisions (or not!)
Legislative (Congress)– Checks on Executive
• Override veto• Impeachment• Ratify treaties / justices / budget
– Checks on Judiciary• Impeachment / Confirmation• Amendments
Judiciary (Federal Courts)– Check on Executive
• Review of Presidential Actions / Behaviour– Check on Legislature
• Judicial Review
THE LIVING CONSTITUTION
A Document to create
“A Government for the Ages”
The Constitution 200 years later!
The Framers created a document that has evolved over time, allowing it to adapt to societal changes.
1. Elastic Clause
2. Amendments
3. Informal Methods
The Elastic ClauseArticle I, Sec. 8, Line 18
“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 thereof.”
Constitution evolves as National Government sees more opportunities to make “necessary and proper” laws.
Amendment Process
Only FORMAL way to “change” the constitution.
Requires a two-thirds (2/3) vote of the entire Congress
Three-quarters (3/4) of state-wide legislatures must ratify
THE OTHER “FORMAL WAY”
2/3 OF CONGRESS
CONSTITUTIONAL
CONVENTION
[called by Congress after 2/3 of the states
have requested it.]
¾ OF STATES RATIFY
CONSTITUTIONAL
CONVENTION
[¾ of states ratify it]
Informal Ways to Amend/”Change” The
Constitution Actions of Congress
– Passage of laws, i.e. creation of Federal court system, agencies, commissions
Actions of the Executive– Foreign policy, commander in chief power
Actions of the Courts– JUDICIAL REVIEW
Actions of Political Parties– Party Arrangement and Division in Congress
Unwritten Traditions– Precedent of two-term presidency– Creation of “The Cabinet”– Congressional Committee System
The United States Constitution of 1789
Structure
BRIEF VERSION!
Article I – Legislative– Bicameral House– Power to make laws, taxes, etc.– ELASTIC CLAUSE (sec. 8, line 18)
Article II – Executive– Law Enforcer, Commander-in-Chief, etc.
Article III – Judiciary– Supreme Court and Lower Federal Courts
Article IV – Miscellaneous Guarantees– Guarantee of republican form of government
Article V – Amendments
Article VI - Recognition of “Supreme Law”
Article VII - Ratification
THE END!