The Constitution
The Constitution
The Colonial Background
- Separatists and the Church of England: Certain groups were dissatisfied with the Church of England and sought a place to practice their religion freely.
- Mayflower Compact: A compact established by the pilgrims that set the stage for governance based on the consent of the governed, a prototype for American governance.
- Established rule of law based on consent.
- Created a structured governance for peace and order.
British Restrictions and Colonial Grievances
- British Policies: Post-1763, British Parliament passed laws managing the colonies as a unit mainly to raise revenue for the war debt from the French and Indian Wars (1756-1763).
- Colonial Sentiment: Colonists, used to self-governance, viewed these actions as “taxation without representation.”
- King George III: Seen as enforcing these unwelcome laws.
The Colonial Response: First Continental Congress
- Formation of Congress: Colonies convened a congress to articulate their grievances.
- Delegates were sent to Philadelphia, focusing on restoring previous political structures.
- Actions included boycotting British trade and raising troops.
- Historical Outcome: If the Crown had allowed more demands, the Declaration of Independence might not have been issued.
Second Continental Congress
- Context of Meeting: By May 1775, fighting had erupted between the British and colonists.
- Actions Taken: Established the Continental Army and appointed George Washington as commander-in-chief.
- Influence of Common Sense: Thomas Paine's pamphlet played a significant role in galvanizing support for independence.
The Declaration of Independence
- Adoption: Ratified on July 4, 1776.
- Influence of Philosophers: Thomas Jefferson was influenced by John Locke.
- Natural Rights: Life, liberty, pursuit of happiness.
- Social Contract Theory: Government's role is to protect these rights, with a right to revolt if it fails.
- Significance: Established legitimacy of the new nation both internationally and domestically.
The Rise of Republicanism
- Views on Government: Some colonists wished for strong central governance while others, known as Republicans, were opposed to centralized power.
- They believed in state sovereignty over all.
The Articles of Confederation: Our First Form of Government
- Fears of Central Power: Reaction to political fears led to the creation of Articles of Confederation for a weak central government, established on March 1, 1781.
- Definition: Confederation is a voluntary association of independent states with limited restraints.
- State Power: Most powers were retained by states; local loyalties prevailed.
Confederal Government Structure Under the Articles
- Congress Structure: One chamber; states had 2-7 members but only one vote. Most powers required approval of at least 9 states while amendments needed unanimous consent.
- Committee of the States: Represented Congress between sessions.
- Officers: Appointed by Congress to handle executive functions.
Weaknesses of the Articles
- Dispute Resolution: Lack of central authority to resolve interstate disputes.
- Required organization for militia was critical to the Constitutional Convention.
- Powers of Congress: Although it could declare war, Congress lacked the right to demand revenue; success depended on state approval.
- Absence of a National Court System: Resulted in reliance on goodwill from the states.
- Critical Weakness: Lack of power to raise funds for a militia was a fundamental issue leading to the Articles' replacement.
Shay’s Rebellion
- Impact of Rebellion: Highlighted the central government's inability to protect citizens from armed rebellion.
- Outcome: Events like this showcased the need for a stronger central government.
Drafting the Constitution
- Initial Meeting: Called by the Virginia legislature on Sept. 11, 1786, addressing key issues including powers of legislature and economic policies.
- Result: Petitions led to the Constitutional Convention in Philadelphia in May 1787.
Factions Among Delegates
- Political Diversity: Delegates' beliefs ranged from monarchism (Hamilton) to decentralized republicanism.
Politicking and Compromises
- Virginia Plan: Proposed a bicameral legislature, favoring larger states.
- New Jersey Plan: Suggested amendments to the Articles with supremacy doctrine.
- The Great Compromise: A bicameral Congress with representation based on population in one chamber and equal representation in another.
- Three-Fifths Compromise: Each slave counted as three-fifths of a person for representation purposes.
Working Toward the Final Agreement
- Madisonian Model: Separation of powers among legislative, executive, and judicial branches, with checks and balances to prevent any one branch from overpowering others.
The Final Document
- Key Features: Emphasized popular sovereignty, republican government, limited governance, separation of powers, and a federal system of governance.
Ratification
- Federalists vs. Anti-Federalists:
- Anti-Federalists opposed the Constitution, fearing lack of personal liberties protections.
- Federalist Papers: 85 essays written to support the Constitution, with key theories on democracy from James Madison in Federalist #10 and #51.
Order of Ratification by State
- Listed states according to their ratification dates and votes, showcasing the diverse responses across states from December 1787 to May 1790.
The Bill of Rights
- Concept: First ten amendments limited national governmental power over individual rights, adopted in December 1791.
- Lack of Application: The Bill of Rights did not explicitly limit state governments.
Freedoms Guaranteed by the Bill of Rights
- First Amendment: Freedom of religion and expression.
- Second Amendment: Right to bear arms.
- Third Amendment: Restrictions on quartering soldiers.
- Fourth Amendment: Protection against unreasonable searches.
- Fifth Amendment: Rights concerning criminal procedures.
- Sixth Amendment: Right to a speedy trial and legal counsel.
- Seventh Amendment: Jury trial in civil cases.
- Eighth Amendment: Protection against excessive bails and cruel punishments.
- Ninth Amendment: Unenumerated rights retained by the people.
- Tenth Amendment: Powers not delegated to the national government remain with states/people.
- Purpose: To address new and unforeseen issues through a rigorous process that is not easily completed.
Amending the Constitution
- Proposal and Ratification Methods: Proposed by a two-thirds vote in both congressional chambers or a national convention. Ratified by legislatures in three-fourths of states or ratifying conventions in three-fourths of states.
- Traditional Method: Most amendments follow this method; the 21st Amendment is a notable exception.
Amendments to the Constitution
- Listed various amendments, their subjects, years adopted, and time required for ratification, demonstrating the evolving nature of the Constitution.
- Discusses ways the Constitution has changed through Congressional Legislation, Presidential Action, Judicial Review, and Interpretation, Custom, and Usage, showcasing the flexible nature of the government structure.