Chapter 3
The Constitution
The Longevity of Constitutions
• U. S. has world’s second oldest constitution –
ratified in 1789
– Average duration is 17 years
• Constitutional durability comes from:
– An open, participatory process
– A tendency to be specific
***A tendency to be FLEXIBLE through
interpretation and amendment
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Uniquely American Protest
http://www.youtube.com/watch?v=hFWZ925z
K0A
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First Continental Congress
• Met in Philadelphia in September 1774
– All colonies except Georgia sent delegates
• Objective was to restore harmony with Great Britain
• Delegates adopted a statement of rights and principles in
October
– Later formed basis for Declaration of Independence and
Constitution
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Second Continental Congress
• May, 1775
• Established an army
• Made Washington
the general in chief
and pursued the
Revolutionary War
Members of the Second Continental Congress adopted the Declaration of
Independence. Painting by John Trumbull, 1819, Library of Congress
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NO MORE KINGS
•
http://www.youtube.com/watch?v=t9pDZMRCpQ&feature=related
• Listen to
This Ain’t Working Rap
Second Continental Congress
• War of Independence began April 19, 1775
and ended on October 19, 1781
Was Declaring our Independence an easy
choice? A Case for Independence—
John Adams HBO clip
“I have looked for our Rights”
click picture or link below
http://www.youtube.com/watch?v=RDzwtl5Z2cA
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Colonies vs. Great Britain
http://www.youtube.com/watch?v=Y6ikO6LMxF4
Too Late to Apologize----Click photo
Click Photo
The Declaration of Independence
Thomas Jefferson
Father of the
Declaration of Independence
Reading of the Declaration HBO John Adams
http://www.youtube.com/watch?v=nrvpZxMfKaU
© Bettmann /Corbis
Influences:
– John Locke
– Natural Rights
– Social Contract
© Archivo Iconografico S.A. /Corbis
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The Declaration of Independence
• Principles rooted in writings of John Locke
– Government there to protect God-given, inalienable
rights (rights that can’t be taken away)
– Social contract theory – consent of governed
– People have right to revolt if government is denying
them basic rights
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Second Continental Congress
• Approved Declaration of Independence on
July 4, 1776
• Britain at a disadvantage because of distance
from conflict and because Americans fighting
for defense of their liberty
The Articles of Confederation:
Our First Form of Government
Voluntary association
States retained most of the
power
Citizens loyal to their state
(not country)
Library of Congress
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The Articles of Confederation, ratified in 1781. This was the
format for the United States government until the Constitution
The authors of the Articles of
Confederation did not create a nation,
but a
**1)“firm league of friendship” between
the 13 states
The Articles of Confederation created a
Congress with 2-7 delegates from each
state**2) BUT each state only had one vote.
**3) did not create an executive branch
** 4) did not create a judicial branch
Under the Articles of Confederation
Congress could
1.
2.
3.
4.
5.
maintain the military
conduct foreign policy
declare war
make peace
coin money
** 5) The Congress could NOT regulate
trade between the states or between
states and foreign nations.
Congress had to ask States for money to
keep the federal government going** 6) they could not force them
to contribute (TAX).
**7) In order to pass laws,
9 of the 13 states had to vote in favor.
Summary of the Articles of Confederation:
1. created a loose alliance between states.
2. did not provide for a president (no executive branch) and laws had
to be enforced by the states.
3. did not create a court system (no judicial branch) and the
government could not resolve differences between the states.
CREDIT: Tholey, Augustus, artist. "Leaders of the Continental Congress." Wm. Finley & Co.,
copyright 1894. Prints and Photographs Division, Library of Congress.
Accomplishments
Under the Articles
• Articles established to:
– Organize states so they could defeat the British
forces
– Gain independence from Britain
• Once independence granted, less pressure on
states to organize for collective good.
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**Shays’ Rebellion proved
one thing:
The federal government
was much too weak and a
stronger national
government was needed!
Shays' Rebellion is
considered one of the
leading causes of the
formation of the United
States Constitution.
© Bettmann/Corbis
Many Americans feared that
Shays’ Rebellion was proof that the
Articles of Confederation were too weak.
1)a convention to improve the
Articles of Confederation will be held in
ANNAPOLIS, MD but only 5/13 states
show up.
2) They decided to meet in May of 1787 in
Philadelphia, PA… but they ended up
doing a lot more than just improving the
Articles of Confederation!
It was decided that the
meetings during the
Constitutional
Convention would be
kept secret so delegates
could feel free to speak
their minds without
outside pressure.
Guards were posted at
the doors and all of the
windows were closed.
Independence Hall
Philadelphia, PA
Some resented the secret
meetings, believing that
government meetings
should be open to the
public in a free society.
Factions Among Delegates
• The beliefs of the
delegates ranged from
the near-monarchism
of Hamilton to
definite decentralized
republicanism.
Alexander Hamilton
© Archivo Iconografico, S.A./Corbis
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Framers of the Constitution
• Anti-Federalists opposed any centralization
of power.
• Federalists favored a stronger national
government.
– However, there was no agreement among the
Federalists concerning structure and division of
power for this new government.
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Edmund Randolph
James Madison
Edmund Randolph
and James Madison
put together a plan for
government early on
known as the
**Virginia Plan
The **Virginia Plan created a strong national
government and called for the following:
1. **3_ branches of Government
Legislative – Executive—Judicial
2. Legislative Branch would be **“bicameral” or
have 2 houses.
Both houses would base membership upon the
population of States (House) and equality
(Senate)
3. Creation of a FEDERAL
Government
• Father of the Constitution
The Virginia Plan
JAMES MADISON
• Plan original basis for debate
regarding need for and
design of a strong central
government
• National government would
be able to override state
laws
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William Paterson
Smaller states objected to the Virginia Plan,
believing that it was unfair to States with smaller
populations.
As a result, William Paterson introduced
the ***New Jersey plan to counter the Virginia Plan.
The New Jersey Plan created strong
national government and called for
the following:
3 branches of Government
Legislative – Executive—Judicial
**Unicameral Congress
2. Legislative Branch would be
“***unicameral” Congress or have only one
house.
The single house would allow
each State to have ****one vote only.
Population was not an issue.
3. Chief Executive (President) would be elected
by legislature… could be multi-person.
New Jersey
Plan
Source: National Park Service
Finally, a delegate from
Connecticut named Roger
Sherman, proposed a
compromise
which came to be known as
the
Great Compromise
(or Connecticut Compromise).
Taking bits and pieces from
both the New Jersey Plan and
the Virginia Plan, Sherman
created a government which
has changed very little.
Roger Sherman
Politicking and Compromises
The question asked most in the convention:
**“How should the states be represented in Congress?”
The Connecticut Compromise:
Large States wanted to Dominate Congress and
Small states wanted equality
The Compromise:
Each State would be equally represented in
the Senate with 2 senators
Each state would be given a number of
House members based on their state’s population
Small states have more power in Senate; large
states more power in House
The Great Compromise proposed
a strong national government with:
The Great
Compromise
1. 3 Branches of Government
• Legislative Branch
(pass laws)
• Executive Branch
(carry out/ enforce
laws)
• Judicial Branch
(interpret laws- see if
laws are fair and
carried out fairly)
Library of Congress
The issue of slavery became
a problem for Northerners
and Southerners… not due
to moral differences, but
because of questions of
representation.
Southerners wanted to count
their entire population of
slaves to boost their
numbers in Congress.
Northerners objected citing
that slaves were not
considered citizens and
could not vote.
Now, the problem with population…..
The South obviously has many citizens, but many are
unfortunately not considered to be important.
The Three-Fifth’s Compromise:
for every five slaves they would count as three people in the
population count
The Commerce & Slave Trade Compromise:
Congress was forbidden the power to tax the export of goods from
any state and forbidden to act on slave trade for a period of at least 20
years.
Working Toward the Final Agreement
• The Madisonian Model
– Separation of powers
– Checks and balances
James Madison (1751-1836)
Library of Congress
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Working Toward the
Final Agreement
• Electoral College
– Election of president independent of Congress
AND popular vote
– Insulates president from direct, popular control
– Can be cumbersome system
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Compromise on the Presidency
• One executive chosen by an electoral college
– A state’s electors equal total members in Congress
• President is candidate with most electoral votes; Vice
President has second most votes
– If no majority, House to choose President and Senate Vice
President
– Procedure changed in 1804 with 12th Amendment
• President to serve for four years, no term limits
– Two-term limitation set by 22nd Amendment
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Removal of the President
• House of Representatives can charge a
president with “Treason, Bribery, or other
High Crimes and Misdemeanors”
• Senate then holds trial on charges; 2/3
majority to convict
– Chief Justice to preside over trial
• Two presidents impeached (Andrew Johnson
and Bill Clinton); none convicted and removed
from office
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The Final Product
• In preamble, the FOUR elements forming the
American political tradition listed:
– Creation of a people
– Explanation of the reasons for the Constitution
– Outline of goals for the government
– Establishment of the government
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School House RocksThe Preamble
http://www.youtube.com/watch?v=FLP_HGKqjg
The Basic Principles
1) Republicanism
---Popular sovereignty --people elect
representatives to make laws
2) Federalism
A federal system where both the national and
the state governments each had their own
sphere of influence
3) Separation of Powers– see chart in book pg. 80
4) Checks and Balances
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