THE CONSTITUTION
The purpose of this chapter
is to introduce you to the
historical context within
which the United States
Constitution was written.
THEME A
THE POLITICAL
PHILOSOPHY OF THE
FOUNDERS
Feared a strong government AND
the majority
”Natural Rights.” - Life, liberty and
property
The "real" revolution
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The "real" revolution was the radical change in
belief about what made authority legitimate and
liberties secure.
Government by consent, not by prerogative
Direct grant of power: written constitution
Human liberty before government
Legislature superior to executive branch
THEME B: THE
CONSTITUTIONAL
CONVENTION
The Weakness of the Articles of
Confederation
The Virginia Plan
The New Jersey Plan
The “Great Compromise”
The Constitutional Convention
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The Framers (55) attending: men of practical
affairs, including Continental army veterans
and members of the Congress of the
Confederation
An entirely new constitution was written,
although gathering was authorized only to
revise Articles
Primary concern was with defense of liberty
as a natural right (Lockean reasoning)
Weaknesses of the confederation
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Could not levy taxes or regulate commerce
Sovereignty, independence retained by states
One vote in Congress for each state
Nine of thirteen votes in Congress required for any
measure
Delegates picked, paid for by legislatures
Little money coined by Congress
Army small; dependent on state militias
Territorial disputes between states
No national judicial system
All thirteen states' consent necessary for any amendments
THEME C:
THE MOTIVES OF THE
FOUNDERS
Economic Interests at the Convention
Economic Interests and Ratification
The Constitution and Equality
Separation of Powers and Federalism
Need for a “Bill of Rights”
The Framers
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Who came: men of practical affairs
Who did not come
Intent to write an entirely new constitution
Lockean influence
Doubts that popular consent could guarantee liberty
Results: "a delicate problem"; need strong government for
order but one that would not threaten liberty
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Democracy of that day not the solution
Aristocracy not a solution either
Government with constitutional limits no guarantee against
tyranny
The Antifederalist View
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Liberty could be secure only in small
republics
Nation needed, at best, a loose
confederation of states with most of the
power wielded by the state legislatures
If there was a strong national
government, there should be many
more restrictions on it
Federalist Papers 10 and 51
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Coalitions were more likely to be moderate
because they would represent a diversity
of interests
Governments should be somewhat distant
from the passions of the people
No bill of rights was necessary
The Virginia Plan
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Design for a true national government
Two houses in legislature
Executive chosen by legislature
Council of revision with veto power
Two key features of the plan
 National legislature with supreme
powers
 One house elected directly by the
people
The New Jersey Plan
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Sought to amend rather than
replace the Articles
Proposed one vote per state
Protected small states'
interests
The compromise
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House of Representatives
based on population
Senate of two members per
state
Reconciled interests of big
and small states
Key principles
Separation of powers
 Federalism
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Reasons for the absence of a bill of
rights
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Several guarantees in Constitution
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Habeas corpus
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No bill of attainder
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No ex post facto law
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Trial by jury
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Privileges and immunities
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No religious tests
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Obligation of contracts
Most states had bills of rights.
Intent to limit federal government to specific powers
Need for a bill of rights
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Ratification impossible without
one
Promise by key leaders to obtain
one
Bitter ratification narrowly
successful
The motives of the Framers
Acted out of a mixture of motives; economic
interests played modest role
Economic interests of framers varied widely
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Economic interests of Framers varied widely
Beard: those who owned governmental debt supported
Constitution
However, no clear division along class lines found
Recent research: state considerations outweighed
personal considerations; exception: slaveholders
Madison's Federalist No. 10
Personal liberty safest in large
("extended") republics
 Coalitions likely more
moderate there
 Government should be
somewhat distant to be
insulated from passions
THEME D
CONSTITUTIONAL
REFORM - MODERN VIEWS
Reducing the Separation of Powers
Making the System Less
Democratic
Constitutional reform--modern
views
Reducing the separation of powers to enhance
national leadership
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Urgent problems remain unresolved
President should be more powerful, accountable, to
produce better policies
Government agencies exposed to undue interference
Proposals
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Choose cabinet members from Congress
Allow president to dissolve Congress
Empower Congress to require special presidential election
Require presidential/congressional terms
Establish single six-year term for president
Lengthen terms in House to four years
Making the system less democratic
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Government does too much, not too little
Attention to individual wants over general
preferences
Proposals
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Limit amount of taxes collectible
Require a balanced budget
Grant president a true line-item veto
Narrow authority of federal courts
Who is right?
Crucial questions
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How well has it worked in comparison
with other
How well has it worked in history?
Key Principles of Government
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Founders did not intent to create a direct
democracy
Popular rule only in House of
Representatives
Separation of Powers: between
branches
Federalism: power divided between
national and state governments
Three Categories of Powers
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Enumerated powers: given to national
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Reserved powers: given to states
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Concurrent powers: shared by both national
government exclusively; include power to print
money, declare war, make treaties, conduct
foreign affairs
exclusively; include power to issue licenses and
to regulate commerce wholly within a state
and state governments; include collecting taxes,
building roads, borrowing money, having courts
Map 2.2: Ratification of the
Federal Constitution by State
Conventions, 1787-1790
The Constitution and Slavery
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House of Representatives Apportionment:
3/5 Compromise
Congress could not prohibit slave trade
before 1808
Fugitive Slave Clause
Suggestions for Constitutional
Reform
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Reduce separation of powers to enhance
national leadership
Make the system less democratic
Questions to consider
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How well has it worked in history?
How well has it worked in comparison with
other democratic nations?
PARTS OF THE CONSTITUTION
ARTICLE I - LEGISLATIVE
ARTICLE II - EXECUTIVE
ARTICLE III - JUDICIAL
ARTICLE IV - STATES
RIGHTS
ARTICLE V - AMENDING
THE CONSTITUTION
ARTICLE VI
ASSUMPTION OF DEBT,
SUPREMACY CLAUSE
AND NO RELIGIOUS TEST
ARTICLE VII
RATIFICATION OF THE
CONSTITUTION
The Bill of Rights
Amendments 1 - 10
AMENDMENT 1
FREEDOM OF RELIGION
SPEECH, PRESS,
ASSEMBLY
AMENDMENT 2
THE MILITIA AND THE
RIGHT TO BEAR ARMS
AMENDMENT 3
QUARTERING OF TROOPS
IN PRIVATE HOMES
AMENDMENT 4
UNREASONABLE SEARCH
AND SEIZURE
AMENDMENT 5
DUE PROCESS
AMENDMENT 6
RIGHTS WHEN ON TRIAL
AMENDMENT 7
COMMON - LAW SUITS
AMENDMENT 8
BAIL, CRUEL AND UNUSUAL
PUNISHMENT
AMENDMENT 9
UNENUMERATED RIGHTS
PROTECTED
Right to privacy interpreted to be
under this amendment. Madison
felt that this was the most important
amendment because it would cover
forgotten rights.
AMENDMENT 10
POWERS RESERVED TO
THE STATES
AMENDMENT 11
LIMITS ON SUITS AGAINST
STATES
AMENDMENT 12
REVISION OF ELECTORAL
COLLEGE PROCEDURE
AMENDMENT 13
SLAVERY PROHIBITED
AMENDMENT 14
EX-SLAVES MADE CITIZENS
DUE PROCESS EXTENDED TO
STATES
AMENDMENT 15
BLACKS GIVEN RIGHT TO VOTE
AMENDMENT 16
FEDERAL INCOME TAX
AMENDMENT 17
POPULAR ELECTION OF
SENATORS
AMENDMENT 18
PROHIBITION
AMENDMENT 19
WOMEN'S SUFFRAGE
AMENDMENT 20
FEDERAL TERMS OF
OFFICE TO BEGIN IN
JANUARY
AMENDMENT 21
REPEALED PROHIBITION
AMENDMENT 22
PRESIDENT LIMITED TO
TWO TERMS
AMENDMENT 23
D.C. GIVEN VOTING
RIGHTS
AMENDMENT 24
POLL TAX OUTLAWED
AMENDMENT 25
PRESIDENTIAL
DISABILITY
AMENDMENT 26
VOTING AGE LOWERED TO
18
AMENDMENT 27
INCREASE IN
CONGRESSIONAL
SALARIES PROHIBITED
DURING TERM
Constitution by
State
Conventions,
1787-1790
Self-Test
For more information about this
topic, link to the Metropolitan
Community College Political
Science Web Site
http://socsci.mccneb.edu/pos/polsc
main.htm