Chapter 2 - The Constitution

The ⅗ Compromise

-For purposes of representation and taxation, each enslaved person counted as ⅗ of a person

Context: Southern states wanted slaves counted fully for representation (to increase their seats in Congress), but not for taxation. Northern states opposed this.

Outcome: Compromise allowed the Constitution to be ratified, but entrenched slavery until the Civil War.

EX: If a state had 50,000 enslaved people, only 30,000 would count toward representation in the House.


Ratification of the Constitution

Ratification = Formal approval

Process: Required approval by 9 out of 13 states through special ratifying conventions

Debate: Federalists vs. Anti-Federalists


Federalists

Supported the Constitution as written

Favored a strong central government to provide order, stability, and protect property

Leaders: Alexander Hamilton, James Madison, John Jay

The Federalist Papers: A series of essays defending the Constitution and explaining the need for strong federal authority

Example from Patterson: Federalists argued the Articles of Confederation had failed to maintain unity and order (Shay’s Rebellion showed this)


Anti-Federalists

Opposed ratification of the Constitution (without changes)

Favored strong state governments and feared centralized power could lead to tyranny (like Britain)

Concern: The Constitution originally had no Bill of Rights

Leaders: Patrick Henry, George Mason, Samuel Adams

Outcome: Their push led to the adoption of the Bill of Rights (1791) as the first 10 amendments

Amending the U.S. Constitution

Formal Process (Article V)

  1. Proposal: ⅔ of House + ⅔ of Senate OR ⅔ of state legislatures call a constitutional convention

  2. Ratification: ¾ of state legislatures OR ¾ of state conventions must approve.

Ex: The 26th Amendment (1971) lowered the voting age to 18 after protests during the Vietnam War


Modern Analogy

Patterson notes: Roughly speaking, Anti-Federalists resemble modern conservatives (favoring states’ rights and local control), while Federalists resemble modern liberals (favoring federal solutions to national problems.)




Constitutionalism

The idea that the government is limited in power and must respect individual rights

Core goals:
1. Self-government (democracy: people are the source of authority)

2. Preserving liberty (government must not become tyrannical)


How the Constitution Preserves Liberty

  1. Grants of Power

    1. Government can only do what the Constitution explicitly allows

    2. Ex: Congress can regulate commerce, declare war, tax, etc

    3. Anything not listed = reserved to the states or people (10th Amendment)

  2. Denials of Power

    1. Specific things government is forbidden from doing

    2. Ex:

      1. Ex post facto laws: can’t make an act illegal retroactively

      2. Writ of habeas corpus: government must show cause for holding someone in custody (can’t detain without reason)

      3. Bills of attainder: can’t declare someone guily without a trial

  3. Checks & Balances

    1. Each branch limits the others to prevent abuse

    2. Ex: President can veto laws, Congress can override vetoes, Courts can strike laws down

  4. Separation of Powers (3 Branches)

    1. Legislative (Congress), Executive (President), Judicial (Courts)

    2. Power is shared and not concentrated in one body

  5. Bill of Rights

    1. First 10 amendments (1791)

    2. Protects freedoms such as speech, religion, press, due process, right to bear arms

  6. Judicial Review

    1. Power of courts to declare laws or executive actions unconstitutional

    2. Established in Marbury v. Madison (1803)

  7. Elections

    1. Regular elections let the people hold leaders accountable

    2. Ex: every two years all House seats are up for election