The
Objectives
Constitutional government
The Constitutional tradition
Troubles confronting the new nation
Consensus in
Resolving the
economic issue
Protecting national security
The structure of the
government
Separation of powers
and checks and balances
Bill of rights
Constitutional change
Constitutional government
Ø
Constitutionalism
means a government of laws, not of people.
Ø
that means those who
exercise governmental power are restricted
in their use of power by a higher law--> a constitution.
Constitutions
Ø Constitutions are basic laws by which a nation or a state are
organized and governed.
Ø establish the frame work of government, such as the US
Constitution with
(Congress
with House & Senate, the Presidency,
& Supreme Court)
Ø assign duties and powers to governmental bodies
Ø
define relationship between the people and their govt.
Ø The U.S. Constitution is superior to
all other laws and is
“the supreme law of the land.”
The Constitutional Tradition
Ø Prior to the 1787 Constitution of the
there were many written laws concerning government.
Ø Five
historical documents form the tradition from
which the U.S. Constitution derives:-
1) The Magna Carta
(1215): Set the precedent of limited
govt.
by
forcing king John to sign Magna Carta guaranteeing
that aristocratic
English lords will no
longer be forced to finance the king's wars.
2) The Mayflower Compact (1620): Set the precedent
of a government
established by a contract with the
governed.
This was when the Pilgrim
colonist still in the Mayflower
ship signed a compact among themselves and the crew of the ship to
setup a colony in
3) The Colonial Charters (1630–1732): Set the
precedent in
contracts defining governmental power.
3a) The Charter Oak Affair, 1685–88, strengthened
the notion of loyalty
to the constitution rather than the king.
4) The Declaration of
principles of the new American government.
Historical background that led to declaration of Independence
¨
The
world today.
¨
only
27 Amendments have passed the rigorous processes to
become
part of the Constitution
¨
Ten
of these Amendments were passed very early on as a promise to
opponents of the Constitution to get their votes to approve
the constitution àthe ten are known as the Bill of Rights
The Origins of a New
Nation
The Colonists came to
the new world for variety of reasons:
¨ Religious freedom
¨ Plentiful land
¨ A new start in life
The 13 colonies
¨ the colonists or states were established as
colonial assemblies.
¨ King
James I actually encouraged independent mindedness in terms of
self-government, religious practices, and economic organization
¨ Each of the 13 colonies had its own
constitution and liked its freedoms
Trade and Taxation
¨
¨
The
colonists tended to ignore or circumvent them
First Steps Toward
1.
The Indian war
(1756-1763) the French and
the Indians against British and the Americans.
causes, rival claims over land bet.
British & French
2.
proposed reorganization
of the Colonies (1763) to
prevent westward expansion & avoid further
wars
3.
àthe Sugar Act in 1764, taxes on exports to the
colonies
(sugar, wine & coffee)
àThe Stamp Act
of 1765, requirement to
purchase
stamps for all documents (newspapers…)
àthe Quartering Act of 1765 to provide living quarters
for
British troops in private
à“no taxation without
representation”
The First Continental Congress
Ø The Continental Congress met in
56 delegates from every
colony except
Ø Their intent was to find a compromise to the problems
of taxation.
Ø They were not yet thinking of open rebellion.
Ø They called for colonial rights of petition
and assembly, trial by peers,
freedom from
Ø King George refused the demands of the
Continental Congress.
The
Second Continental Congress
Ø
The
Second Continental Congress convened in 1775,
and its members were united in their hostility
toward
Ø
Thomas
Paine forcefully argued for independence for the
colonies in his pamphlet Common Sense in January 1776
Ø
King
George sent 20,000 more troops, and the
Revolutionary War started.
The Declaration of
a) by
Resolved to be
independent from
b) the Continental Congress appointed
George Washington
as commander in chief of American forces.
c) Thomas
Jefferson was commissioned to write
a justification
for declaration of independence
d) By
July 4th, Thomas Jefferson presented a paper which
contained key
ideas lifted from John Locke’s writing on:
è that men
form governments in order to preserve
life, liberty, property
and to assure justice
è If a govt.
fails to protect these rights, then such
a govt. should be replaced through revolution.
e) The primary author of the Declaration
of Independence was
Thomas Jefferson. The revolutionary war ended (1781)
5) The Articles of Confederation
(1781–1789): Proposed in 1776
and signed by the last state in 1781
Ø
is the new nation’s
first constitution.
Ø
It had only one
house in Continental Congress,
--> unicameral.
Ø
Articles of
Confederation did not allow this national govt. to collect
taxes or enforce laws directly, only through the states.
Ø Continental Congress would have the power to
coin money,
make peace, appoint
officers to the military,
run the post office,
and negotiate with Indian nations
Ø Each state in this Continental Congress had
equal representation, one vote
Ø A super-majority was required for the passage
of any legislation (9/13)
and amendments
must be a unanimous vote.
Ø Members of Continental Congress would be
chosen and paid for
by
the state legislatures.
Ø
the Articles of
Confederation regarded each state as a nation
--> a loose league of friendship.
Troubles Confronting a New Nation
Problems of the
Articles of Confederation
In summary, the
greatest weakness of the Articles of
Confederation was a
weak national government:
The states were more
powerful than national government.
Most
of the Continental Congress problems
included the following:
Ø Continental Congress
lacked the power to collect
taxes directly
from the citizens.
Ø No money to pay off the Revolutionary war debt
Continental
Congress relied on states to
voluntarily donate
money and most
states failed to contribute.
2) Commercial Obstacles
Ø Continental Congress
has no power to regulate interstate commerce.
Ø Continental Congress
has no authority to prevent states from levying high tariffs on
each other’s goods because each state wanted to protect their
market.
Ø But the states allow low tariffs on imported goods to
encourage
the usage of
their ports which resulted in smuggling.
Ø Continental Congress
could not prohibit states from printing
worthless currency
which resulted in inflation.
Ø States required other states to accept their
inflated currency
as legal tender.
Ø Including Shay’s rebellion and Continental Congress
could not put down this rebellion.
Ø Debtors openly revolted against tax collectors and sheriffs
attempting to
repossess farms were attacked or killed.
5) Amending the Articles extremely limited
ability to amend or
change the Articles.
It takes unanimous approval of the 13 states
6) No
executive, therefore no one to implement and enforce
laws;
no one to coordinate foreign policy.
7) No judiciary
The road to the Constitutional
Convention
Ø
was paved by difficulties rooted in the Articles of
Confederation.
Ø
A meeting to seek means
of resolving the problems was held at
George Washington’s home, at Mount Vernon,
in spring 1785.
Ø
The Mount Vernon
Conference led to the
September 1786, which
sought to identify defects in the Articles.
Ø
The Annapolis
Convention led Congress to the call for a convention
in
“revising
the Articles of Confederation.”
The nation’s Founders
1. The 55 men who met in
discarded
the mandate to “revise” the Articles of Confederation.
2. The men who attended the meeting had a great deal in common.
3. For the most part, they were experienced political leaders.
4. Most were well educated and they had experience in governing.
6. They were cosmopolitan nationalists.
7. George Washington
was elected president of the convention.
8. Neither Thomas Jefferson nor John Adams
were at the
Convention;
Ø the delegates shared a common desire.
Ø the desire for a strong national constitution.
Ø a constitution that would protect individual liberty,
life & property
Ø the constitution should be a Social
Contract among people
and that people
should obey the laws and pay taxes to run the government.
Ø the government they are about to form should be a
Representative
government/Republicanism.
Ø and the Founders also believed the people should
have limited role in selecting the representative government.
Ø
The powers of the national govt. should also be Limited through
Separation of powers with
checks & balances.
Ø
the government should be a government of
“we the people” not a government of
"we the state"
(the Preamble) to the constitution.
Ø
a govt. that can act directly on the people
rather than through the states.
Ø John Locke’s writings influenced the
Founders’
ideas about liberty and property.
Ø
though most nations
of the world were hereditary monarchies,
the Founders believed in principles of democracy.
Conflicts in
1. over Representation
2. over slavery
3. over voters qualifications
Conflict over Representation
Ø
How to pick representatives to Congress was
the most
controversial
issue in
Ø
Two major
competing plans were proposed. (Virginian & New Jersey) plans
Virginian Plan
Ø
called for a bicameral congress (2 Houses).
Ø
member in the House of Representatives should be based
on each state population.
Ø
the House members will then elect Senate,
president
&
cabinet of the president and national
judiciary
Ø
Virginian plan did not call for U.S. Constitution as supreme law
Ø
Virginian plan did not provide roles for states.
Ø
called for a unicameral Congress (one House).
Ø
each state to get one representative in the house
Ø
President to be elected by Congress & can be
removed by petition from a majority of state governors.
Ø
Judiciary to be appointed by the president.
Ø
Congress should have power to levy some taxes & regulate commerce.
The
Ø The Connecticut Compromise, as it became known,
combined some of each plan’s proposals.
Ø
Congress should be bicameral.
Ø
House of Representatives should be based on state population.
Ø
it will be the only body that the original
Constitution allow voter to elect directly.
Ø
the House members should serve 2 year terms.
Ø
Senate will have 2 members from each state to create equality between
smaller states population and larger
states population.
Ø
however, the original constitution stipulates that
senators should be selected
by state legislatures to
serve 6 year terms.
Ø
17th Amendment in 1913 finally changed Senate to at-large
election.
Conflict over Slavery
Ø
3/5 of slaves in each state to be counted for the purposes:
of Representation, reapportionment, & direct
taxes.
Ø
escaping slaves to be captured and returned to their owners.
Ø
postponed prohibition of slavery till 1808 (20 years).
Conflict over voter qualifications
Ø
most delegates voted to reserve voting &
holding public
office for men of property only.
Ø
Founders later decided that states should decide voter
qualifications.
Profile of the Constitution Today
Article I defines Congress as bicameral,
Article I also specifies qualifications to run for
Congress,
powers of both
houses, & their responsibilities.
examples of powers of Congress
Congress should have power
to:-
make all laws, regulate
commerce, coin money, declare war,
raise & support armies, lay
& collect taxes (income tax 16th
Amendment in 1913).
In order to limit powers of Congress, 3 provisions
were included in the
original Constitution before amendments were added.
Ø
Congress: do not violate these laws:-
1. A Bill of Attainder – trials before punishment.
2. Writ of Habeas Corpus – release a person
held in custody if
no charges filed.
3. Ex post Facto – no retroactive criminal law.
Article II defines the Presidency
Ø
qualifications:- 35 years old, natural born citizen,
resident for 14 years.
Ø
president should be elected indirectly by electors/electoral
college
chosen in each state.
Ø
should be civilian commander in chief of armed forces.
Ø
has veto power to influence in legislation.
Ø
diplomatic powers, and to negotiate treaties,
Ø
judicial powers to nominate federal court justices.
Ø
can be impeached by majority vote in the House.
Ø
Senate then tries the president and can remove
the president with 2/3 vote.
Ø
Chief justice to preside at the trial.
Article III defines Judiciary
Ø
Congress to create the
Ø
members of the Supreme Court & Fed. Judiciary should be
appointed for life.
Ø
Congress to decide number of judges for the Supreme
Court.
Article IV (4) defines relationships between states
Ø
Full faith & Credit
Clause
–states to recognize official acts
of other states,
except same sex marriage.
Ø
Privileges & Immunities
Clause
–citizens of other states
must be accorded the same legal
protections, property rights,
travel rights as states’ own citizens.
Article V (5) dealt with Amending the Constitution
Ø
most common method of constitutional amendment
has been, proposal by 2/3rd
vote of both houses
followed by 3/4th ratification
of state legislatures.
The 6 Basic Constitutional Principles
1. Democracy à the
people to hold ultimate political power
Ø
The Founding Fathers did not want national referendum
Ø
citizens can not propose laws and vote directly on national
issues. This should be left to Congress
because we have
a
representative democracy.
2.
Rule of Law
Ø
public officials to be limited by law such as:
Ø
A writ of habeas corpus,
A bill of attainder, ex post facto,
due process of law found in the 5th
& 14th Amendments
3.
Limited Government
Ø
To prevent the new national govt. from
being
aristocratic, undemocratic and a threat
to state rights, a
Bill of Rights was written
Ø
The Bill of Rights was initially designed to limit the
national government
but not the states, and &14th
Amendment added states
Ø
The Supreme Court used Selective
Incorporation to make states
comply with the bill rights and 14th
Amendment.
4.
Separation of Powers with Checks &
Balances
Ø
Separate institutions sharing power
Ø
Checks and balances
are established to reduce the probability that any one branch
of government can acquire more power than another.
Ø
Both houses check
each other because no bill can become law
without the approval of both houses.
Ø
The president can veto
laws passed by Congress but Congress can
override a presidential veto with a two-thirds vote in each
house.
Ø
Presidential
appointments must be approved by the Senate.
Ø
president can negotiate treaties but they must be approved
by the Senate.
Ø
The president
appoints, and the Senate confirms, members of the
federal court (including the Supreme Court).
Ø
Congress determines
the numbers of federal courts and judges.
Ø
Judicial review
is when the Supreme Court interpret the laws
passed legislatures and declare them unconstitutional.
Ø However Judicial review was not specifically
described in the
Constitution but evolved
formally with the 1803 Marbury
v. Madison decision.
5. Federalism
Ø
is an explanation of how the constitution divides power between the national
government and series of state
governments and local governments.
Ø
the Founding Fathers chose federalism so as to accommodate
the
diversity of American society
Ø
therefore federalism is a compromise between a unitary
form of government and confederation.
Ø
in a Unitary government àpolitical authority is concentrated in
a
single national govt. without allowing for local variations.
Ø
in Confederation government à national govt. lacked the authority to
deal directly with individuals without going through the states (tax them).
6. Bicameralism
Ø
Two houses
Ø
Why are there differences in the terms of office between the two
houses?
Constitutional Change/growth
Ø
the Constitution has changed/grown through 3 methods:-
1. through
formal numbered amendments (is the least method
because of
only 27 amendments)
2. through custom/practice & experience
Ø
Custom and practice
have allowed certain practices to come into existence largely
because they were not included in the Constitution.
Ø
Political parties
grew out of practice.
Ø
The constitution has
been amended so that the Speaker does not
ascend to become Vice President.
Ø
There is no
mention about terms of elected officers, though a constitutional
Amendment was finally
passed concerning term limits of the president.
3. through judicial
interpretation by the Supreme Court
(which happens all the time).
Ø
The judicial review
process argued by John Marshall in the
1803 Marbury
v. Madison case, says that the Supreme Court can
invalidate laws of states and Congress if they are not in
compliance
with the intent of the Constitution.
Therefore the Greatest changes to the constitution are through
àjudicial interpretation
àpractice & experience
àbut not through amendments
The Constitution Today
1. a majestic vagueness or a
living document?
2. Does the Constitution need
to be rewritten?
K. Ituah