the founding fathers and a “more perfect union” the building of the american constitution

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The Founding Fathers and a “More Perfect Union” The Building of the American Constitution

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Page 1: The Founding Fathers and a “More Perfect Union” The Building of the American Constitution

The Founding Fathers and a

“More Perfect Union”

The Building of the American Constitution

Page 2: 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

Page 3: The Founding Fathers and a “More Perfect Union” The Building of the American Constitution

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.

.

Page 4: The Founding Fathers and a “More Perfect Union” The Building of the American Constitution

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]

Page 5: The Founding Fathers and a “More Perfect Union” The Building of the American Constitution

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

Page 6: The Founding Fathers and a “More Perfect Union” The Building of the American Constitution

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

Page 7: The Founding Fathers and a “More Perfect Union” The Building of the American Constitution

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

Page 8: The Founding Fathers and a “More Perfect Union” The Building of the American Constitution

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:

Page 9: The Founding Fathers and a “More Perfect Union” The Building of the American Constitution

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.

Page 10: The Founding Fathers and a “More Perfect Union” The Building of the American Constitution

Basic Principles of the Constitution

1. Representative Government2. Federalism3. Separation of Powers4. Checks and Balances5. Rule of Law6. Popular Sovereignty

Page 11: The Founding Fathers and a “More Perfect Union” The Building of the American Constitution

Representative GovernmentPopular Sovereignty

Selection of representatives in “free” and scheduled elections

Governance by the “consent of the governed”

Page 12: The Founding Fathers and a “More Perfect Union” The Building of the American Constitution

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

Page 13: The Founding Fathers and a “More Perfect Union” The Building of the American Constitution

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

Page 14: The Founding Fathers and a “More Perfect Union” The Building of the American Constitution

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]

Page 15: The Founding Fathers and a “More Perfect Union” The Building of the American Constitution

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

Page 16: The Founding Fathers and a “More Perfect Union” The Building of the American Constitution

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

Page 17: The Founding Fathers and a “More Perfect Union” The Building of the American Constitution

Hope all is goodHope all is good

Page 18: The Founding Fathers and a “More Perfect Union” The Building of the American Constitution

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

Page 19: The Founding Fathers and a “More Perfect Union” The Building of the American Constitution

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

Page 20: The Founding Fathers and a “More Perfect Union” The Building of the American Constitution
Page 21: The Founding Fathers and a “More Perfect Union” The Building of the American Constitution

THE LIVING CONSTITUTION

A Document to create

“A Government for the Ages”

Page 22: The Founding Fathers and a “More Perfect Union” The Building of the American Constitution

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

Page 23: The Founding Fathers and a “More Perfect Union” The Building of the American Constitution

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.

Page 24: The Founding Fathers and a “More Perfect Union” The Building of the American Constitution

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

Page 25: The Founding Fathers and a “More Perfect Union” The Building of the American Constitution

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]

Page 26: The Founding Fathers and a “More Perfect Union” The Building of the American Constitution

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

Page 27: The Founding Fathers and a “More Perfect Union” The Building of the American Constitution

The United States Constitution of 1789

Structure

BRIEF VERSION!

Page 28: The Founding Fathers and a “More Perfect Union” The Building of the American Constitution

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

Page 29: The Founding Fathers and a “More Perfect Union” The Building of the American Constitution

THE END!