US constitution

what was the first constitution called and what did it do

articles of confederation

• established a weak central government

  • focussing more on a union of states

  • allowed the states to maintain sovereignty

  • Founding fathers were also averted to mass democracy

cause, detail and, effect: Shay’s rebellion

high taxation of farmers is Massachusetts post independence

• a rebellion led by ex - revolution soldiers who opposed Massachusetts’s economic policies

• it highlighted the governments inability to quell internal unrest

led to constitutional convention (1787)

constitutional convention (1787)

• a result of Shay’s Rebellion

• attended by the 55 founding fathers

• they drew up the constitution

• needed ratification from 9 of the 13 states

• 9th state ratified in June 1788 (New Hampshire)

what did the US consittution prioritise

Representative gov. over democracy

• No requirement for secret ballot

• States held elections

• President was elected via electoral college not by popular vote

• Senate was chose by state legislatures

  • (Changed to direct election via seventeenth amendment in 1913)

what was Hamilton’s argument for a constitution

• didn’t think that turbulent representative body could do what was best for the people

• “Can a democratic assembly who annually revolve in the mass of the people be supposed steadily to pursue the common good?”

• argued instead for a permanent body

constitution on slavery

• constitution was silent on slavery

• this was because the south had become economically dependant on slave labour

Bill of rights (1791)

listed individual rights

order of first 3 articles

1. congress - mentioned first, establishes congress as main power

2. President - intended mainly as a figurehead of the government & to do international deals

3. SCOTUS - no age, numerical or nationality requirements for judges nor mentions of their role as interpreters of constitution or judicial review powers (established duirng Marbury V. Madison (1803)

connecticut compromise (1787)

• dealt with clash between smaller and larger states

• compromised that:

  • Senate would have equal representation from all states

  • Congress would have population - based representation

3/5s compromise (1787)

• southern states w/ large enslaved populations wanted slaved to be counted in their populations in order to gain more congressmen

• North didn’t want this as it granted south disproportionate power w/ these people having the same rights

• compromise was that each enslaved person would count for 3/5 of a freeman

compromise of 1790

• some FF (Hamilton) wanted strong central gov.

• others (Adams, Jefferson) wanted federal sovereignty

• compromise reached placed the central gov. in the south & established a national bank

implied VS enumerated powers

Implied:

• vague powers left to interpretation

• e.g. ‘ power to provide for common defence and US' general welfare’

• could justify free healthcare, or conscription

Enumerated:

• v specific powers

• e.g. minimum ages for POTUS (35) , congressmen (25) & senators (30)

• constitutional sovereignty established in article 6:

This constitution shall be the supreme Law of the Land.’ Neither president nor Congress could override its provisions.'

elastic clause

Necessary and proper clause (article 1, section 8, clause 18 of constitution)

allows congress to pass laws needed to carry out its enumerated powers even if they’re not specifically mentioned in constitution

allows fed. gov. to adapt and expand powers to meet changing needs

examples of use of elastic clause

CARES (Coronavirus Aid, Relief, and Economic Security) act 2020

provided trillions in emergency economic relief during covid through things like expanded unemployment benefits

American rescue plan (2021)

funded public health, vaccines, school re-opnenings etc.

both were technically beyond enumerated powers but were necessary and proper