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Chapter 2: The Constitution
What’s the difference between the Declaration of Indepence and the Constitution
The constitution actually establishes the basis for our national government. It is the ‘supreme law of the land”
The.
The Declaration of Independence is just what it sounds like – a declaration that the U.S is an independent nation.
So, one document just announced to the world that America is a country and the other actually laid out a design for how we govern.
Declaration of Independence
A decent respect to the opinions of mankind requires that they should declare the causes which impel them to the reparation.
All men should be 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, their just powers from the consent of the governed. That whenever any Form of Government becomes destructive of these ends, it is the RIght of the people to alter or to abolish it.
We have a government to protect our rights from God. Government serves people, not the other way around.
The U.S Government (Articles of Confederation)
The Articles of Confederation was the first ‘constitution’ of the United States. The document heavily favored state rights. They did not want to give the government so much power.
There was only one branch of government, legislative. There was no executive branch, it was truly up to states to enforce.
It was a unicameral (single house) legislative body. Each state had one vote regardless of population size. This angered the larger states, they wanted more influence because they had a larger population.
This led to the Great Compromise. The Great Compromise is
Congress was given sole authority to govern the country.
An executive committee oversaw the government when Congress was not in session.
Congress would establish temporary courts to hear disputes among the states.
There were many weaknesses with the Articles of Confederation. There was no president, no national army, no national/federal court, no power to enforce laws (regulate trade), no power to tax, states were sovereign, one vote per state regressed of population, 9/13 states to pass laws, and 13/13 states to amend.
The reason for this loose government was because of their experience with an involved form of government. It was difficult for all states to be on the same page, they all wanted different things.
Weaknesses | Outcome |
Congress had no power to levy or collect taxes. | The government was always short of money |
Congress does not have the right to regulate trade. (interstate and foreign) | Quarrels broke out among states and trading with other countries was difficult. |
Congress had no power to enforce its laws. | The government depended on the states for law enforcement. |
Approval of nine states were needed to enact laws | It was difficult to enact laws. |
13 states needed to approve amendments to the articles. | There was no practical way to change the powers of the government. |
The government has no executive branch | There was no effective way to coordinate the work of government |
There was no national court system. | The central government had no way to settle disputes among the states. |
Shay’s Rebellion in western Massachusetts in 1786-1787 stirred deep fears of anarchy in America. The ruckus was put down by a hastily assembled militia, and the rebels were eventually pardoned.
This was the last straw for many. The government was able to do anything because of the weak government. They gathered all the states except one, Rhode Island.
Constitutional Convention
The Lesson of Experience
State Constitutions
Shay’s Rebellion
James Madison was the most active member of convention. He studied and gathered information on the different forms of government throughout the years.
They wanted all opinions and privacy, so they shut all the windows and doors. Reporters were not allowed in as to make sure everyone can freely express themselves.
They began in May and finished in September. There were 55 delegates sent, Rhode Island did not send a delegate.
Technically, this whole convention was illegal, Rhode Island was not there.
The dilemma facing the Framers: How to create a government strong enough to effectively administer the new nation but not so powerful that it could easily violate the liberties of its citizens.
The idea of democracy was rejected. Democracy could be a risky proposition, for there was always the potential for it to spin out of control and descend into demagoguery (think Hitler).
A demagogue is a political leader who seeks support by appealing to the desires and prejudices of ordinary people rather than by using rational argument.
A Quandary
The Federalist No. 51 was written by James Madison. The most important quote from it is ‘if men were angels, no government would be necessary… in framing a government which is to be administered by over over men, the great difficulty lies in this
The Constitution and Democracy
Our form of government is a republic. We elect representatives and they speak for us.
Key Principles:
Federalism is a system of shared power, there are levels of government. At the top is federal, state, and then city/town governments.
Enumerated powers is a specific power given. (ex. Congress is given the power to regulate trade. States are given the power to regulate marriage, prosecute crime, etc.)
Concurrent powers are powers that belong to state and federal. An example is taxes.
Separation of powers is check and balances. Basically different branches of government have different powers. The executive branch, for example, is the President, Vice President, and Cabinet. Judiciary is SCOTUS
Solution
The solution was a popularly elected House based on state population and state elected senate, with two members for each state. This is known as the Great Compromise or known as the Connecticut Compromise. Benjamin Franklin (from Pennslyvian) came up with the idea. However, he was from a big state and proposed it to a small state. That small state then proposed it officially.
Elastic clauses stretched the powers of congress: allowed congress to move beyond what's in the constitution.
Branches of Government
Baron de Montesquieu, a French philosopher, created the idea of three branches of government, in order to ensure checks and balances.
Before the 17th amendment (1913), the Senate was chosen by state legislatures. Now, they are popularly elected.
Checks and Balances
Liberties Guaranteed in the Original Constitution
Writ of habeas corpus protected; the right to not be held indefinitely without being charged.
No bill of attainder; is an act of a legislature declaring a person, or a group of persons, guilty of some crime, and punishing them, usually without a trial. (United States v. Lovett)
No ex post facto laws
Right of trial by jury.
Economic Interests of Framers
In 1913, Charles Beard argued those who supported the Constitution expected to benefit economically. Those who owned governmental debt supported the Constitution.
In the 1950s, historians argued there was no clear division along class lines
In the 1980s and more recently they claimed state economic considerations outweighed personal economic considerations.
Framers more concerned with political inequality; weak government reduces political privilege.
Critics claim the government today is too weak. Bows to special interests.
Chapter 2: The Constitution
What’s the difference between the Declaration of Indepence and the Constitution
The constitution actually establishes the basis for our national government. It is the ‘supreme law of the land”
The.
The Declaration of Independence is just what it sounds like – a declaration that the U.S is an independent nation.
So, one document just announced to the world that America is a country and the other actually laid out a design for how we govern.
Declaration of Independence
A decent respect to the opinions of mankind requires that they should declare the causes which impel them to the reparation.
All men should be 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, their just powers from the consent of the governed. That whenever any Form of Government becomes destructive of these ends, it is the RIght of the people to alter or to abolish it.
We have a government to protect our rights from God. Government serves people, not the other way around.
The U.S Government (Articles of Confederation)
The Articles of Confederation was the first ‘constitution’ of the United States. The document heavily favored state rights. They did not want to give the government so much power.
There was only one branch of government, legislative. There was no executive branch, it was truly up to states to enforce.
It was a unicameral (single house) legislative body. Each state had one vote regardless of population size. This angered the larger states, they wanted more influence because they had a larger population.
This led to the Great Compromise. The Great Compromise is
Congress was given sole authority to govern the country.
An executive committee oversaw the government when Congress was not in session.
Congress would establish temporary courts to hear disputes among the states.
There were many weaknesses with the Articles of Confederation. There was no president, no national army, no national/federal court, no power to enforce laws (regulate trade), no power to tax, states were sovereign, one vote per state regressed of population, 9/13 states to pass laws, and 13/13 states to amend.
The reason for this loose government was because of their experience with an involved form of government. It was difficult for all states to be on the same page, they all wanted different things.
Weaknesses | Outcome |
Congress had no power to levy or collect taxes. | The government was always short of money |
Congress does not have the right to regulate trade. (interstate and foreign) | Quarrels broke out among states and trading with other countries was difficult. |
Congress had no power to enforce its laws. | The government depended on the states for law enforcement. |
Approval of nine states were needed to enact laws | It was difficult to enact laws. |
13 states needed to approve amendments to the articles. | There was no practical way to change the powers of the government. |
The government has no executive branch | There was no effective way to coordinate the work of government |
There was no national court system. | The central government had no way to settle disputes among the states. |
Shay’s Rebellion in western Massachusetts in 1786-1787 stirred deep fears of anarchy in America. The ruckus was put down by a hastily assembled militia, and the rebels were eventually pardoned.
This was the last straw for many. The government was able to do anything because of the weak government. They gathered all the states except one, Rhode Island.
Constitutional Convention
The Lesson of Experience
State Constitutions
Shay’s Rebellion
James Madison was the most active member of convention. He studied and gathered information on the different forms of government throughout the years.
They wanted all opinions and privacy, so they shut all the windows and doors. Reporters were not allowed in as to make sure everyone can freely express themselves.
They began in May and finished in September. There were 55 delegates sent, Rhode Island did not send a delegate.
Technically, this whole convention was illegal, Rhode Island was not there.
The dilemma facing the Framers: How to create a government strong enough to effectively administer the new nation but not so powerful that it could easily violate the liberties of its citizens.
The idea of democracy was rejected. Democracy could be a risky proposition, for there was always the potential for it to spin out of control and descend into demagoguery (think Hitler).
A demagogue is a political leader who seeks support by appealing to the desires and prejudices of ordinary people rather than by using rational argument.
A Quandary
The Federalist No. 51 was written by James Madison. The most important quote from it is ‘if men were angels, no government would be necessary… in framing a government which is to be administered by over over men, the great difficulty lies in this
The Constitution and Democracy
Our form of government is a republic. We elect representatives and they speak for us.
Key Principles:
Federalism is a system of shared power, there are levels of government. At the top is federal, state, and then city/town governments.
Enumerated powers is a specific power given. (ex. Congress is given the power to regulate trade. States are given the power to regulate marriage, prosecute crime, etc.)
Concurrent powers are powers that belong to state and federal. An example is taxes.
Separation of powers is check and balances. Basically different branches of government have different powers. The executive branch, for example, is the President, Vice President, and Cabinet. Judiciary is SCOTUS
Solution
The solution was a popularly elected House based on state population and state elected senate, with two members for each state. This is known as the Great Compromise or known as the Connecticut Compromise. Benjamin Franklin (from Pennslyvian) came up with the idea. However, he was from a big state and proposed it to a small state. That small state then proposed it officially.
Elastic clauses stretched the powers of congress: allowed congress to move beyond what's in the constitution.
Branches of Government
Baron de Montesquieu, a French philosopher, created the idea of three branches of government, in order to ensure checks and balances.
Before the 17th amendment (1913), the Senate was chosen by state legislatures. Now, they are popularly elected.
Checks and Balances
Liberties Guaranteed in the Original Constitution
Writ of habeas corpus protected; the right to not be held indefinitely without being charged.
No bill of attainder; is an act of a legislature declaring a person, or a group of persons, guilty of some crime, and punishing them, usually without a trial. (United States v. Lovett)
No ex post facto laws
Right of trial by jury.
Economic Interests of Framers
In 1913, Charles Beard argued those who supported the Constitution expected to benefit economically. Those who owned governmental debt supported the Constitution.
In the 1950s, historians argued there was no clear division along class lines
In the 1980s and more recently they claimed state economic considerations outweighed personal economic considerations.
Framers more concerned with political inequality; weak government reduces political privilege.
Critics claim the government today is too weak. Bows to special interests.
