First State Constitutions

• May 1776 - Second Constitutional Congress urged colonists to form state governments. First State: New Hampshire, January ‘76

From Colonies to States:

• Each state had to convert their colonial charters into state constitutions.

• Each state had a legislature, most were bicameral.

• Each state had a governor, elected by citizens or legislature.

• Each state had judges and courts (interpret and apply laws).

Preserving Rights:

• Most state constitutions included a bill of rights, guaranteeing basic freedoms and some legal protections.

AOC - 1st constitution of the US; created a confederation.

Forming a Confederation:

• Confederation - individual state governments that band together for a common purpose “Loose Alliance of States” or" “League of Friendship”

• By 1781, all 13 states had ratified the AOC

• AOC created a 1 house legislature - unicameral called “Confederation Congress.” Each state had 1 vote.

3 Big Flaws:

1. No power to enforce its laws.

2. No power to tax (only could ask states for money).

3. Needed 9/13 states to pass a law. Needed all 13 states to amend law.

AOC Accomplishments

1. Land Ordinance of 1785 - created a system of surveying and selling the northwestern territory. Created a 6 sq. mile townships divided into 26 sections (Ohio, Indiana, Illinois, Michigan, and Wisconsin).

2. Northwestern Ordinance of 1787- laid basis for organization of new territorial governments and set a precedent for admitting new states to the union. The Northwestern Ordinance also outlawed slavery.

AOC - A Timeline of Crisis:

1. Debt - unable to collect taxes to pay for the Revolutionary War. Congress had to borrow money. State governments also had big war debts. Taxed heavily. $75.5 mil.

2. Shays Rebellion - Daniel Shays, a farmer, had fallen into debt because of heavy state taxes, led a rebellion of 1200 farmers. MA courts threatened to take Shays’ farm as payment for his debts. Shays and his men mainly fought back through closing courthouses so farms could not be foreclosed on.

**exposed weakness of the AOC - in 1787, 12 states (all but RI) sent delegates to Philadelphia to revise the AOC

Philadelphia Convention

• Met in Independence Hall - May 25, 1787

• 55 men present - 8 of whom signed the DOI - 41 were members of the Continental Congress

• Washington presided over the Convention.

Convention Procedures:

1. Each state had only 1 vote.

2. Simple majority to decide issues.

3. Convention = secret!

*decided early on the get rid of the AOC and write a new constitution

2 Plans for Govt:

• Virginia Plan - Madison’s plan included:

  • President - appointed by Congress

  • Judiciary - appointed by Congress

  • Bicameral congress. Representation based on states’ population. * Large states = more votes than smaller states - that’s why it appealed to larger states: MA, PA, and NY

  • “Large State Plan”

• New Jersey Plan - W. Paterson’s plan included:

  • unicameral congress with equal representation (1 vote per state). Congress could set taxes, regulate trade.

  • Plural executive (appointed by Congress)

  • Judiciary

  • “Small State Plan”

The Great Compromise

• created by Roger Sherman

  • Bicameral legislature (Senate and House of Reps) Senate = equal representation; House = population based representation.

  • Executive

  • Judiciary

  • Connecticut Compromise

Creating the Constitution - Representation

• 3/5s Compromise - How are enslaved people represented?

• Southern states wanted to count them as part of their populations to increase their voting power in the House.

• Northern states did not support the idea because enslaved people could not vote and it would just give Southern states a stronger voice in Congress.

Other Compromises

1. Trade - Southern states agreed that Congress could regulate trade between the states (interstate) and with other countries; in exchange, the North agreed that Congress could NOT interfere with slave trade before 1808 (can tax imports = tariffs).

2. Presidency - some thought Congress should choose the presidents, other thoughts peopple should vote to decided. Solution = the electoral college - a group of people who would be named by each state legislature to select the president/vice.

Today, voters choose electors.

Presidential term was debated - ranging from a few years to LIFE.

Balancing Viewpoints

• Constitutional Convention wrapped up on September 18, 1787. All but 3 delegates signed their names at the bottom. Needed 9/13 states to ratify it for it to become law of the land.

Federalists - supporters of the Constitution AS IS.

• Chose this name to emphasize that the Constitution would create a system of federalism, or government that shares power between federal and state governments.

  • Federalists argued that the U.S. could not survive without a strong national government. Needed a strong federal government to protect the nation from enemies abroad and solve internal problems.

  • Federalist Papers - Hamilton, Madison, Jay - series of 85 essays arguing for ratification of the Constitution.

Anti-Federalists - those who opposed the Constitution as is and preferred the addition of a bill of rights to protect individual freedoms.

• believed the Constitution would create a strong federal government that would ignore the will of the states and people (favor wealthy over commoners).

• Anti-Federalist Papers - much less, written under pseudonyms, not nearly as popular.

*Federalists promised that they would add a bill of rights to the Constitution. This helped get ratification!!!

June 21, 1788, NH became 9th state to ratify = Constitution took effect!! All 13 ratify by 1790 (RI).

Structure of the Constitution

3 Main Parts

1. Preamble (intro)

2. 7 Articles (describes structure of the government)

3. 27 Amendments (additions/changes)

Preamble - intro to the Constitution; makes clear the idea that government depends on the people for its power and exists to serve them. “WE THE PEOPLE” (popular sovereignty) states the 6 Purposes of Government

1. form a perfect union

2. establish justice

3. insure domestic tranquility

4. provide for the common justice

5. promote general welfare

6. secure the blessings of liberty

7 Articles

• Article 1 - outlines lawmaking powers of the legislative branch. Leg. branch has ALL lawmaking authority.

• Article 2 - provides for an executive branch, or law enforcing branch, heading by the president and vice. Also explains presidential powers.

• Article 3 - creates judicial branch that interprets laws and sees that they’re fairly applied. Calls for Supreme Court and such lower courts as Congress deems appropriate.

• Article 4 - explains relationship between states and federal government.

• Article 5 - clarifies how Constitution can be changed/amended.

• Article 6 - Constitution is the “supreme law of the land.”

• Article 7 - clarifies ratification process for Constitution

Amending/Interpreting the Constitution

2 Step Process:

1. Proposal - by 2/3 majority Congressional vote OR national convention requested 2/3s state legislatures.

2. Ratification - 3/4s of states must ratify (state legislature or ratifying convention).

Interpreting the Constitution

• Necessary and Proper Clause - Article 1, Section 8, Clause 18, the Constitution gives Congress power “to make all laws which shall be necessary and proper” to carry out its duties.“Implied Power'“

• Elastic Clause (Necessary and Proper Clause) - some people feel Congress should be allowed to make any laws the Constitution does not specifically forbid = Loose interpretation.

• Some people feel Congress should make only the kinds of laws mentioned by the C = Strict Interpretation.

*final authority for interpreting the Constitution lies with the Supreme Court

Major Principles of Government

• Federalism

• Delegated powers (enumerated/expressed)

• Ex: coin money, regulate commerce, declare war, maintain armed forces, establish a post office

Implied Powers - may be inferred from the elastic clause.

Reserved Powers - kept by the states ( regulate education, grant licenses, police/fire, speed limits, elections, regulate alcohol)

Concurrent Powers - levy taxes, crimes and punishments, borrow money

Supremacy Clause - laws of a state and laws of the nation may conflict. Article 6 “the Supremacy Clause.” The Constitution and laws and treaties made by national government are “supreme.”

Popular Sovereignty - power lies with the people

Rule of Law - law applies to everyone

Separation of Powers - protect against abuse of power, 3 branches (Montesquieu)

Checks and Balances - each branch is able to “check” the power of the others

Bill of Rights

• Added to the Constitution in 1791. The 10 Amendments place how the national government can use its power over the people.

• Protects our civil liberties - our freedoms to think and act without government interference or fear of unfair treatment.

1st Amendment - Protects 5 Basic Freedoms

1. Freedom of Religion - safeguard in 2 ways:

   1. “Establishment Clause” prohibits government from establishing an official church or religion.

   2. “Free Exercise Clause” citizens can practice their faith as they wish without government favoritism.

2. Freedom of Speech - guarantees we can say what is on our mind, in public or in private, without fear of punishment by the government.

   1. There are restrictions - slander, terrorism, social chaos, hate crimes, sexual harassment, incites violence/illegal aliens.

3. Freedom of Press - Americans can express themselves in print and speech. Ensures that Americans are exposed to many viewpoints. No government censorship.

   1. Zenger Case - established idea of free press! 1733, he criticized the government of NY and was arrested and imprisoned (lawyer agreed free press could prevent government from abusing its power) Zenger acquitted.

   2. Cannot libel, cannot threaten national security, cannot print obscene materials.

4. Freedom of Assembly - protects our rights to gather in groups as long as they’re peaceful.

   1. Cannot gather at: military bases, jails, schools, etc.

   2. The government has to make certain places available

5. Freedom of Petition - can petition the government (formal request by letter, email, etc.)

First Amendment Limitations

• Cannot:

  • endanger government or Americans

  • lead to criminal activities

  • overthrow the government

  • block traffic

  • use slander/libel

Protecting Rights of the Accused

2nd Amendment - right to bear arms.'

• Debate - refers to members of each state’s militia to carry arms OR all individual citizens.

3rd Amendment - in peacetime, soldiers may not move into private homes without the consent of the homeowner. “NO QUARTERING”

4th Amendment - protects against “unreasonable searches and seizures.” Government can’t take your stuff without probable cause.

• Must get a search warrant from a judge

• Expectation of privacy

• Exigent and Plain Sight Exceptions

5th Amendment - no one can be put on trial for a serious federal crime without an indictment

• An indictment does not mean they’re guilty, only that the grand jury thinks they may have committed a crime.

• Protects from double jeopardy

• Cannot be forced to testify against oneself (self-incrimination)

• Due process of law

• Limits power of eminent domain

• Right to a grand jury

6th Amendment - requires that accused people be told the exact nature of the charges against them.

• Trial by jury (unless they prefer just a judge) - speedy and public with impartial jurors

• Accused people have the right to hear and question all witnesses and call witnesses in their own defense

• Entitled to have a lawyer for felonies and other serious crimes

7th Amendment - guarantees the right to juries in civil cases when the value in controversy is greater than $20.

• Civil trial - suing for damages or wrongdoing

8th Amendment - forbids “excessive bail”

• Bail is returned if the accused person comes to court (if not, bail is forfeited)

• Forbids cruel and unusual punishment

9th Amendment - all the rights not listed in the Constitution belong to the people, not the government.

10th Amendment - any powers the Constitution does not specifically give to the national government are reserved for the states and for the people.

• Protects the federal government from getting too strong