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.

The Formal Amendment Process

• 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.

Informal Methods of Constitutional Change

• 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.