The US Constitution

Dr Simon Boucher ~ bouches@tcd.ie

Government and Politics of the USALectures 2 & 3:

Required reading…• McKay chap 3• Singh chap 3

Additional resources…• Charles Beard, An Economic Interpretation of the

Constitution• John Locke, Two Treatises of Government• Howard Zinn, A People’s History of the United States

(Harper Chapter 5)• Samuel Beer, To Make a Nation: The Rediscovery of

American Federalism

Plus see the course website… http://uspoliticstcd.pbwiki.com/FrontPage

Readings for today

Agenda

• What is a constitution? Why relevant to this course?

• Origins of US Constitution

• Drafting and ratification

• Content

• Evolution- amendment and interpretation

• Importance today

• A framework within which government and the process of ordinary law can take place; the basic law on which all other laws are based

• Enables legislation and public policies, but doesn’t determine them

• Explains which organs can exercise legislative power, executive power and judicial power… And what the limitations on those powers are

• Described as "a mirror reflecting the national soul" because they recognize and protect the values of a nation

What is a Constitution?

• Central to the birth of the US nation

• Fundamental principles remain relevant and important

• Continues to impose limits and structure which the major governmental institutions and political groups operate within

• Despite massive social / economic change the document has hardly changed in over 200 years

• The Constitution (and those who wrote it) continue to possess fabled legitimacy within the political system and in US culture

Why study the US Constitution?

– Initially many doubted it would survive; was drawn up on basis of bitter political bargaining and compromise

– A very controversial document, whose ratification was a close-run thing. Its popularity and political standing have wavered over the years

– Words stay the same, meanings change

But don’t believe (all) the hype…

• “One of the most brilliant creations of man”

• “Easily adopted, quickly embraced”

• “Has barely changed in 200+ years”

• 3.5 million people • 13 states• Largely agrarian• East coast mercantilism• Southern slave plantations• Most colonists felt “true

born Englishmen”• Colonial rule “distant and

benign”• Colonists generally content

with political status quo; little nationalist fervour

America circa 1760s

• Virginia, Massachusetts, Pennsylvania = 45% of population

1760: George III on throneAttempted to assert power in London over rising “Whigs”

Also attempted to assert control over colonists

“pamphleteers” infused spirit of liberty and sense of

American independence

Colonists believed George’s actions were illegitimate, impinged on

“the rights of free citizens”. Believed the London regime had

betrayed its own principles

New concepts popularised: men believed to possess

“inalienable” and “individual” rights

Turning points

American revolution not stereotypical; a “conservative” revolution

Timeline

• 1760: George III on throne… New, more assertive era, series of taxes and laws to impose will on colonists

• 1770: Boston Massacre

• 1773: British trade policy changes leads to Boston Tea Party

• 1774: Further changed policies…. “intolerable acts”

• 1774: Colonial assemblies sent delegates to a national “Continental Congress”

• 1775: Fighting breaks out in Massachusetts. Second Continental Congress

• 1776: Continental Congress adopted Declaration of Independence- 4th of July

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men”.

Declaration of Independence

http://en.wikipedia.org/wiki/United_States_Declaration_of_Independence

Declaration of Independence

Timeline

• 1777: Continental Congress adopted Articles of Confederation. new system of govt established

• 1777-81: War of Independence

• 1781: Congress of Confederation replaces Continental Congress

• 1783: Armistice with the British. Moves to strengthen the Articles begin

• 1787: 55 state representatives assemble in Philadelphia to produce new Constitution. 4 months of work

The “Framers”

• Delegates from state legislatures - not directly elected

• Well educated individuals

• Men of property and status

• Relatively young

Who were the 55 state representatives in Philadelphia?

The “Framers”

What influenced them?

• Contemporary concerns

• Long term judgement

• Intellectual context of the time– Social contract theory– Representation– Separation of powers– Federalism– Limited government /

political power

• Agreed to very clear and well organised rules of procedure- expedited matters

• Worked to self-imposed deadlines

• Drew on contemporary political theories / examples (France)

• Met in secret, discussions remained entirely confidential, no formal record of voting – allowed delegates change mind, facilitated genuine dialogue and pragmatic compromise

• Produced a “fait accompli”

Constitutional negotiations: method

• Articles of Confederation left by wayside from beginning; negotiations based on ambitious Virginian proposals

• General agreement on need for stronger central government of some form. State sovereignty would have to give way to national sovereignty

• Deep divisions over power of central government, electoral mechanisms etc

• Key moments:– The “great compromise” – The “3/5ths compromise”

• A “Bill of Rights” considered unnecessary • Delegates on all sides preferred to compromise rather

than end the Union

Constitutional negotiations: highlights

Signing of the Constitution

The outcome

• Achievements– Limited both political power and “excessive” democracy– Prevented abuse of power by elected officials– Promoted commerce and protected property– Promoted acceptance of government through popular elections

• Key principles– Effective government– Limited government– Accountability to the people– Supremacy of the Constitution

• Intended “to stand the test of time”. Details vague “So future governments, in different times under different circumstances, would not be circumscribed to too many detailed constraints”

The Founding Fathers wanted firm, cautious, responsible government

“We the People of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defence, 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”.

The outcome

• Ratification was not a foregone conclusion. Ratification required by 9 of 13 states

• 13 separate campaigns, involving different individuals, moving at different rates

• Geographic division- commercial interests of large towns, coast and big land owners vs. rural areas

• Intense debate… Federalists better organised and had most prominent individuals

• “Federalist Papers”- 85 public essays in defence of the Constitution

• Smaller states most enthusiastic, as security concerns greatest; debate strongest in large states

Ratification- context

• Fear of a tyrannical central government• Fear that the Founding Fathers were an urban,

intellectual, economic elite• In some cases, fear that the Constitution was

overly conservative• No Bill of Rights in the Constitution• Large and small state governments’ concerns

The Anti-Federalists’ Concerns

Ratification- outcome

• 5 states quickly ratified by early 1788

• By June 1788, 9th state (New Hampshire) ratified, putting constitution into effect

• Campaigns continued in major states to ensure legitimacy

• Final state to “join the union” = Rhode Island in 1790

• Generally, once the decision was taken in each state, opponents pragmatically fell into line

• To appease Antifederalists, the Bill of Rights was quickly added and ratified by states in 1791. This helped win over laggard states

Constitution has 7 Articles, each containing several sections.

1. The legislative branch2. The executive branch3. Judicial branch4. National unity and power5. Amending the constitution6. National supremacy7. Ratification

Content of Constitution

The Constitution’s formal durability

Amendment process:

1. Amendments proposed by 2/3rds of House AND Senate

2. Ratified by 3/4s of state legislatures or by a convention in 2/3rds of states

• Durability considered comparatively remarkable. Has remained (more or less) the same since ratification in 1789

• 11,000 amendments proposed since 1789. Congress has only officially proposed 29 of these, of which the States have accepted only 27

• Durability supported by: – Ideological respect– Cumbersome amendment process

Nature of amendments

• The 27 amendments have typically made the constitution more democratic

• First 10 constitute the Bill of Rights. Give the government clearer and more restricted boundaries, safeguarding citizens from abuse of power

• Of the remaining 17:– Some minor, e.g. two concern prohibition– Remainder concern structure, composition and power of government and

expansion of the electorate– Consistent with the conception of the Constitution as “higher law”

• Notable amendments include:– 1804: Reform of Electoral College– 1870: Right to Vote– 1913: Direct Election of Senators– 1920: Women’s right to vote– 1951: Limit term of President

The Constitution’s informal adaptability

• The Constitution is intentionally short and vague

• Establishes guidelines and rules, but says very little about precise power of institutions

• Although the text has barely changed, major shifts in interpretation include:– Assertion of federal over state power– Assertion of executive over legislative power– Emergence of the Supreme Court as final arbiter of Constitution– Protection of individual rights under the federal government

• Bottom line: “the Constitution is what the judges say”

Successful constitutions cannot be too precise – They must be flexible and open to interpretation.

Important today?

• Remains the major source of authority in the US political system, continuing to serve original aims– Provides checks and balances – Delineates institutional power– Protecting citizens’ rights, etc

• Symbolic value– Glue for the melting pot: “creates a shared nationhood”– Blind veneration over the last 100 years- “Cult of Constitution

almost Biblical”

“The US Constitution evokes not merely simple admiration,

but also a feeling more of reverence”

Useful links:• http://www.usconstitution.net/ • http://www.archives.gov/national-archives-experience/ch

arters/constitution.html

Next week: Federalism and the separation of powers

Reading for next week:• McKay chapter 4• Singh chapter 4

In conclusion…

• Sign up to a class list today to join the class email list

• Check out the course website

• Get stuck into the reading material

• Visit some US politics news websites, add them as favourites on your computer

If you want to take the class…