Chapter 3 Notes
Constitutional Convention
• May 1787- Delegates from each state (except Rhode
Island) converged on Philadelphia for a convention to
address the problems within the Articles of
Confederation.
• Focus: Addressed the structure of the
National/Federal/Central Government.
• 12 of 13 states sent delegates. Why not Rhode Island?
• Who were these delegates?
• Who led the convention?
• Quickly realized that the Confederation had to be
scrapped for a new form of government.
Operating Procedures
• 1. Decisions made by majority of votes (Each
state was given one vote)
• 2. Agreed to keep discussions secret. Why?
• Public’s Opinion (?)
• Perpetual Contract (?)
• Problem: No records were kept
• How do we know what happened?
• Diaries (journals): James Madison in particular
Conflict 1: Structure of Central
Government
• Why was there bound to be conflict between the
states when it came to determining who had
power?
• What was the structure of the central
government under the Articles of
Confederation?
• What are some of the problems with this basic
structure?
Best Structure: Separation of
Powers
• Baron Charles de Montesquieu (The Spirit of the Laws)
• Montesquieu’s Tripartite System: power should be
divided between a legislature, an executive, and a
judiciary.
• No one or one group should have complete power.
• If power corrupts, how can one limit corruption?
• If you limit specific powers (the power to tax, the power
to declare war….), how can the government operate in
order to meet its four primary functions?
• The government must retain all necessary powers
while also dividing power to avoid absolute power.
Virginia Plan
• 1. Three Branches: Legislative (create laws), Executive
Branch (enforce laws), and Judicial (interpret and apply
laws).
• 2. Legislature is divided into two parts (bicameral).
Why?
• 3. Representation was based on population (more
population, more delegates in legislature)
• Which is the most powerful branch?
• Who would oppose this plan? Why?
New Jersey Plan
• 1. Three Branches: Legislative, Executive, and
Judicial
• 2. Legislature is one house (unicameral)
• 3. Each state gets one vote to represent them in
legislature.
• Who opposes this plan? Why?
The Great Compromise (Roger
Sherman of Connecticut)
• 1. Three Branches: Which branches?
• 2. Legislature is bicameral: The House of
Representatives (The House!) and the Senate
• 3. Senate: Equal representation for each state =
two reps per state
• 4. House of Representatives: Based on
population
• How does this ensure more just/fair laws and
policies? (consider the power of majority)
Conflict 2: Economics and
Representation
• What was the economy of the southern states?
• What was the main source of labor in the
southern economy?
• In the House of Representatives, how is
representation determined?
• What is the problem for southern states?
3/5th Compromise
• Southern states wanted to count the slave
population in order to help determine the total
population.
• Northern states argued that since slaves were
treated as property, they should not be counted
in the population.
• Solution: Representation and direct taxes on
slaves would be based on three/fifths of the
slave population.
• How is this a “compromise?”
Conflict #3: Choosing the
Executive
• Options:
• Popular Vote:
• Gave too much power to the north (urban v. rural power).
• Smaller states needs aren’t met.
• Didn’t trust the population
• Legislature:
• “Fear of Intrigue”- The president being chosen by a small
group of men who met regularly (pre-social networks).
Closed door deals.
• The President would be bound to the legislature and not
the people.
• Solution: Who chooses?
Electoral College
• A college is an organized group with a particular aim
or purpose.
• Each state will be given a number of “electors”
based off the number of their members of congress
(two senators and all members of the House)
• Each state legislature will choose how the electors
are chosen.
• Electors are pledged to a specific presidential/vice
presidential candidate. The state popular vote
determines which electors get to cast a vote.
• Majority of electoral votes determines the
executive.
Electoral College Map
Electoral College
• There are a total of 538 electoral votes (100 senators +
435 reps + 3 DC electors).
• How many votes are required to win (majority rule)?
• Madison (Federalist No. 39) Mixture of state-based
and population-based government.
• Problems:
• Popular vote does not confirm winner (not democratic)
• Swing states draw too much attention
• Favors smaller states
Ratification - Federalists
• Each state would create a ratifying convention to vote
yes or no => 9 of 13 states required => if so,
Constitution becomes the “Supreme Law of the Land.”
• Federalists: Supporters of the U.S. Constitution
• Federalism= A form of government in which power is
divided between the federal (national) government and
the state governments.
• The Federalists main arguments for a strong central
government survive through a series of essays called The
Federalist Papers written by James Madison, Alexander
Hamilton, and John Jay.
• Feared a strong central government, but feared a weak
central government more.
Anti-Federalists
• Anti-Federalists = Opposed the ratification of the
U.S. Constitution
• Too much power to the national government
(indirect government)
• Too little power to the states (direct government)
• Assault on state sovereignty
• Absence of a Bill of Rights = failed to provide the
proper protection from the national government
• Failed to provide “essential” civil liberties
Agreement
• Federalists agreed to add a bill of rights after
ratification.
• Ratification• June 21, 1788, New Hampshire was the 9th state to
ratify the Constitution => thus, creating the
government of the United States of America
• The last state, Rhode Island, ratified the
Constitution in 1790.
The Federalist Papers
• The Federalist Papers were written as a series of
articles supporting the ratification of the
Constitution.
• Written by Alexander Hamilton, John Jay, and James
Madison under the pen name “Publius” (one of 4 to
overthrow the Roman monarchy and establish the
Republic).
• They were written to the people of New York. Why?
• Today, the Federalist Papers are used as one of the
main sources to understand and interpret the original
intent of the U.S. Constitution.
Assignment: The Federalist No. 10
• Written by James Madison
• Focus: how the new republic can best protect
against factions (special interest groups)
• Protection against the Tyrannical Majority
Structure of the U.S.
Constitution
• “It’s a plan, but not a straightjacket, flexible and
short.” – Harry S. Truman
• ~4540 words
• All legitimate authority (power) is derived from the
U.S. Constitution.
• Federal Government: The Branches
• State Government => defines local power
• Those governments cannot deviate outside of their
powers defined in the U.S. Constitution
• Since the U.S. Constitution retains and defines all
powers, what is it?
Basic Structure of the U.S.
Constitution
• Structure:
• Preamble- Goals and purpose of the document
• The Articles- Powers distributed to the Branches
• The Amendments- Changes made over time
• The Preamble is….
The Articles
• 7 Articles• Article 1: Legislative Branch
• The power to create legislation (statutes/laws)
• Traditionally, the most powerful branch
• Article 2: Executive Branch
• The power to enforce (carryout) the laws created
by Congress
• Article 3: Judicial Branch
• The power to interpret and apply law
The Articles (continued)
• Article 4: Relationship of the state governments to one
another and to the Federal government.
• Full Faith and Credit
• How to make new states
• States must follow the Republic form of government
• Article 5: Amendment Process
• 2/3rds of both Houses (only successful process)
• National Convention (called on by 2/3rds of the states)
• Ratification of the Amendment is required by 3/4th of the
states.
• Article 6: Supremacy Clause- Government is bound to the
Constitution, but in conflicts of Federal government and
state law, the Federal government is Supreme.
• Article 7: Ratification
Amending the Constitution
• Essential to creating an enduring and eternal
document/political institution.
• Total of 27 Amendments (changes) to the
Constitution.
• First 10 Amendments are also known as the Bill
of Rights.
• The amendment process was made to be
difficult and require overwhelming support of
the Nation.
Amending the Constitution
• Process:
• Located in Article 5 of the Constitution
• Two ways to Propose:
• By Congress with at least 2/3rd of both the House
and Senate
• By a national convention that is called by Congress
at the request of 2/3rd of state legislatures.
• Two ways to ratify:
• Legislatures in at least 3/4th of all state legislatures.
• Citizens in each state choose delegates to
conventions called to consider the amendment.
Requires at least 3/4th of all conventions approval.
Interpretations- Necessary and
Proper Clause (Elastic Clause)
• Article 1, Section 8, Clause 18: Congress shall have the
power “To make all laws which shall be necessary and
proper for carrying into execution the foregoing
powers (the rest of Article 1).”
• Problem?
• Created Loose Interpretation (Big Government) and
Strict Interpretation (Small Government)
• Precedent to support Loose Interpretation: McCulloch
v. Maryland
• The Federal government had the power to make a
National Bank even though that power was not
specifically stated in the Constitution.
Popular Sovereignty
• “We the People…do ordain and establish this
Constitution for the United States of America.”
• The sovereign power of the U.S. Constitution is
granted by the people => the belief that the right to
rule comes from the people = popular sovereignty
• Founders chose a republic to ensure that people (the
majority) were not granted absolute power.
• If power is granted by the people, it can be taken back
=> the U.S. Constitution is our Social Contract
Checks and Balances
• Each branch is given the power to restrain or
cancel the actions of other branches => less
corruption/less abuse
• Checks and Balances is the result of separation
of powers (they are not the same thing).
Explain?