Study Notes on Constitutional Foundations

Constitutional Foundations

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State of the US Prior to Independence

Indigenous Americans and Colonial America

  • The landscape of what is now the United States was shaped greatly by Indigenous cultures and settlers from Europe.

    • Geographic Regions (Present-day colonies):

    • New York

    • New Hampshire

    • Massachusetts

    • Rhode Island

    • Connecticut

    • Pennsylvania

    • New Jersey

    • Virginia

    • North Carolina

    • South Carolina

    • Delaware

    • Maryland

    • Other Indigenous groups influenced regions like the Northwest Coast, California, Subarctic, Plateau, Great Basin, Southwest, Arctic, Plains, Northeast, and Southeast.

Economic and Social Conditions

  • The economic conditions before independence included:

    • Predominantly agricultural economy.

    • Trade was common but revolved heavily around agriculture and natural resources.

    • Slavery was integral to many of the colonies’ economies.

    • Societies were composed of small communities, often with strong local governance.

  • A tradition of religious dissent and a general mistrust of authority were prevalent among settlers.

Foundations of Thought

Philosophical Influences

  1. Deism:

    • The belief that a god exists but does not intervene in the world's affairs.

    • Rooted in materialism rather than spiritualism.

      • Materialism: The doctrine that nothing exists except matter.

      • Spiritualism: The belief that a spiritual world governs the material world.

  2. Indigenous Critique:

    • Offered a more communitarian approach compared to the European colonists.

    • Influenced the European Enlightenment, which is sometimes overlooked.

  3. Natural Rights:

    • Prominent thinkers like Locke, Hobbes, and Rousseau argued that:

      • A strong state is required to provide order in the state of nature.

      • A social contract exists where individuals give up some freedoms for security while retaining certain natural rights, which exist prior to government.

    • These concepts laid the groundwork for the Declaration of Independence.

Declaration of Independence

  • Adopted on July 4, 1776, by the 13 colonies.

  • Purpose:

    • To explain why the colonies considered themselves independent states and not subject to British colonial rule.

    • Listed grievances against Britain and asserted natural and legal rights.

  • Notable phrase from the Declaration:

    • "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."

Forms of Government

  1. Confederal:

    • Characterized by powerful states and a weak central government.

    • No modern countries follow this model as they tend to be unsustainable.

  2. Unitary:

    • A strong central government with weaker states.

    • States serve merely as administrative units of the central authority.

    • Examples include England, France, Israel, Sweden, Japan.

  3. Federal:

    • A balance of power between federal and state governments.

    • Examples include the US, Canada, Mexico, Brazil, Germany, India, and Nigeria.

    • Typically found in large, diverse countries.

Definition of a Constitution

  • Described as a body of principles and rules that are placed beyond normal political actions and beliefs.

  • Must have the acceptance of the populace; can be written or unwritten and comprises a set of shared beliefs.

Articles of Confederation

  • Represented the first constitution of the United States, written between 1776 and 1777, ratified in 1781.

    • Aimed to preserve individual freedom by dividing power among the 13 colonies.

    • Established a unicameral legislature (one chamber of Congress).

    • Required 9 of 13 states for most congressional actions; amendments needed unanimity.

Weaknesses of the Articles

  • Congress could not:

    1. Tax people directly.

    2. Raise a sufficient military force.

    3. Regulate interstate or foreign commerce.

    4. Establish a sound monetary system.

    5. Enforce treaties.

Significant Accomplishments

  • Northwest Ordinance (1787):

    • Allowed territories in the Old Northwest to enter the Union as states equal to the original 13 colonies once they reached a population of 60,000.

    • Territories included present-day Ohio, Indiana, Illinois, Michigan, Wisconsin, and Minnesota.

    • The ordinance prohibited slavery and provided for public education.

Shay’s Rebellion (1786 - 1787)

  • Occurred in Massachusetts; farmers, especially hard hit after the Revolutionary War, petitioned the state legislature for assistance with high taxes and scarce money.

  • Lack of response led to violent actions to prevent debt hearings and property seizures, revealing deficiencies in the Articles of Confederation.

Constitutional Convention

  • Delegates: 55 elites (educated, wealthy, white men) attended the convention in Philadelphia in May 1787.

  • Their aim was to amend the Articles of Confederation, resulting in the production of the Constitution.

The Constitution

  • Consists of several articles detailing the structure of government:

    • Article I: Congress

    • Article II: Executive

    • Article III: The Courts

    • Article IV: State Obligations

    • Article V: Method for Amending

    • Article VI: Miscellaneous Federalism Issues

    • Article VII: Process for Ratifying Constitution

Key Features of the Constitution

  • Discussion centers on the balance between large and small states, the three-fifths compromise, power allocations to the central government, constraints on states, and the separation of powers with checks and balances.

Balancing Large and Small States

  1. Virginia Plan: Proportional seats in Congress based on population; bicameral legislature.

  2. New Jersey Plan: Equal votes for each state, regardless of population; unicameral legislature.

  3. Connecticut Compromise (Great Compromise):

    • Proposed by Roger Sherman of Connecticut.

    • Established a bicameral legislature (House of Representatives based on population and Senate with 2 votes per state).

    • Gave smaller, rural states more influence; sacrificed the democratic notion of equal vote weight for all.

Bicameral Legislature Details

  • House of Representatives:

    • Number of representatives based on population; all members elected every 2 years.

    • Representation increased until reaching 435 in 1910 (from 65 in 1789 and 105 in 1793).

  • US Senate:

    • Each state gets 2 senators (total 100 today; Vice President breaks ties).

    • Senators serve six-year terms with staggered elections; one-third of the Senate elected every two years.

Infamous Three-Fifths Compromise

  • Resolved how enslaved people would be counted in population numbers for House representation.

  • Enslaved individuals counted as three-fifths of a person, disproportionately granting power to Southern states.

  • This compromise was nullified by post-Civil War Amendments.

Power to the Central Government

  • Article 1, Section 8 enumerates Congressional powers, including:

    • Power to tax, borrow money, raise armies, regulate commerce, establish lower federal courts, and declare war.

    • Known as the enumerated powers of Congress.

    • Necessary and Proper Clause (Elastic Clause): Grants Congress the authority to enact laws essential for executing its powers.

Constraining the States

  • Article I, Section 10 minimizes state autonomy previously held under the Articles of Confederation.

  • Supremacy Clause (Article VI): Establishes that the Constitution and federal laws made in alignment with it are the supreme law of the land, binding judges in every state.

Key Supreme Court Case: McCulloch v. Maryland (1819)

  1. The case addressed whether Congress could establish a national bank since this power isn’t explicitly enumerated.

    • Ruling: Yes, due to the Necessary and Proper Clause.

  2. Addressed whether a state could tax an activity of the US government.

    • Ruling: No, as established by the Supremacy Clause.

    • Result: Affirmed the power of the central government.

Separation of Powers

  • Division of government into three branches:

    1. Legislative (Congress): Responsible for making laws.

    2. Executive (Presidency): Enforces laws through federal agencies and the Cabinet.

    3. Judiciary: Interprets laws (Supreme Court and lower federal courts).

  • These branches are coequal, preventing tyranny by encouraging deliberation but potentially resulting in gridlock.

Checks and Balances

  • Legislative and executive interactions:

    • Congress can pass legislation, but the president can veto it.

    • Congress can override the veto with a super-majority in both chambers.

    • The Supreme Court can declare laws unconstitutional.

    • The Senate must approve treaties signed by the president.

    • Congress can impeach and remove officials violating the law.