VM

Study Notes on the U.S. Constitution and Political Foundations

Course Introduction

  • Course Title: POLS 2305

  • Instructor: Efrain Molina, MA

  • Institution: The University of Texas Rio Grande Valley

Class Topics

  • The primary topic of today’s class: The U.S. Constitution

Overview of Content

  • 2.1 The Pre-Revolutionary Period and the Roots of the American Political Tradition

  • 2.2 The Articles of Confederation

  • 2.3 The Development of the Constitution

  • 2.4 The Ratification of the Constitution

  • 2.5 Constitutional Change

Background on Constitutions

  • Modern Understanding: The global expectation is that governments will maintain fundamental rules and structures.

    • Definition: Rules or principles that organize the government, including its powers, limitations, and the rights of the people, are known as fundamental law or a constitution.

  • Many people expect governments to be based on written constitutions.

    • Example: England’s constitution includes both written and unwritten elements; most constitutions, however, were formally instituted with the U.S. Constitution's creation.

The World's Oldest Constitutions (2021)

  • Canada: 1867

  • United States: 1789

  • Argentina: 1853

  • Norway: 1814

  • United Kingdom: 1215 (The Magna Carta, considered the founding document)

  • San Marino: 1600

  • Netherlands: 1815

  • Belgium: 1831

  • Luxembourg: 1868

  • Australia: 1901

  • New Zealand: 1852

  • Tonga: 1875

Definition of a Constitution

  • Constitution: A set of rules and a contract between the government and the people that defines responsibilities and obligations.

    • Sets forth the values of society.

    • Establishes the structure of government, including courts, branches, and levels.

Purpose of Constitutions

  • Establish fundamental laws governing society.

    • Key functions include determining governance methods, dispersing sovereignty, defining individual rights, and stipulating rules for constitutional amendments.

Historical Origins of Law

  • Code of Hammurabi:

    • Enacted in Babylonia around 1700 B.C.

    • Notable for regulating various societal aspects like marriage, property, commerce, crime, land usage, and slave trade.

    • Introduced concepts like Lex Talionis (law of retaliation).

Philosophical Foundations of Governance

  • Thomas Hobbes: Emphasized the need for a constitutional framework to avoid centralizing power.

  • John Locke’s Influence:

    • Argued the state of nature was characterized by natural law, property, and morality, contrasting with Hobbes’ views.

    • Introduced the concept of the social contract, where people form a government to enforce laws.

    • Asserted that unjust governments lose legitimacy and can be replaced.

    • Natural Rights: Defined as life, liberty, and property.

    • Influential in concepts leading to the Magna Carta (1215), which emphasized lawful judgments and the importance of peer review in legal matters.

Impact of the Magna Carta

  • Became a foundational document influencing the Fifth and Sixth Amendments of the U.S. Constitution.

  • Bill of Rights (1689): A response to King James II’s overreach, reinforcing the need for clear rights.

Colonization and Early Governmental Structures

  • Early American thought promoted the public access to land and resources but was predominantly limited to white men.

  • The colonial era saw the establishment of representative assemblies, notably Virginia's House of Burgesses in 1619, and the Mayflower Compact in 1620, which were early examples of governance structures.

Tensions Leading to Revolution

  • Lack of standard colonial governance Practices:

    • Distrust in the British Parliament led to aspirations for independence.

    • Taxation without Representation: Major issue with policies like the Stamp Act and Quarters Act leading to violent confrontations and events like the Boston Tea Party.

The Articles of Confederation

  • Drafting and Ratification: Drafted in 1777, ratified in 1781, intended to unite the states under a confederation but created a weak central government with limited powers.

    • Key Characteristics:

    • Each state had its own constitution, limiting federal authority.

    • Required nine out of thirteen states to agree for Congress to act.

    • Failed to regulate commerce or to generate revenue effectively.

Shay’s Rebellion and its Significance

  • Occurred due to economic strife post-Revolution, highlighting the weaknesses of the Articles.

  • Illustrates the federal government's incapacity to quell insurrections, necessitating a Constitutional Convention.

Developing the Constitution

  • Constitutional Convention convened in 1787 aimed to amend the Articles of Confederation but quickly shifted focus to creating an entirely new government structure.

  • Key Proposals and Compromises:

    • The Virginia Plan (bicameral legislature based on population) vs. New Jersey Plan (unicameral, equal representation for states) leading to the Connecticut Compromise.

    • The Three-fifths Compromise: Determining representation and taxation for enslaved individuals.

Major Articles of the Constitution

  • Article I: Legislative Branch

    • House of Representatives and Senate structure and powers.

  • Article II: Executive Branch

    • Establishes the presidency and executive powers.

  • Article III: Judicial Branch

    • Establishes the Supreme Court and judicial powers.

Amendment Process

  • Initial ten amendments (Bill of Rights) were responses to Anti-Federalist concerns.

  • Framework for amending the Constitution established—requires supermajorities in Congress and states.

Ratification of the Constitution

  • Required acceptance from 9 of the 13 states, with significant debates between Federalists and Anti-Federalists regarding the power distribution between state and federal governments.

Conclusion on Federalism

  • The Constitution established a framework that elevated the federal government's authority while allowing states to retain certain powers. The Bill of Rights sought to address concerns of individual rights.

  • Noteworthy subsequent amendments included those affecting civil rights and democratic access, created in response to evolving societal values and needs.

Other Relevant Amendments

  • Amendments addressing slavery, women's suffrage, and significant shifts in governmental structure throughout U.S. history.