The Road to the
Constitution
Civics
Colonial Background
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1607 Eng. Govt. sent a group of farmers
to establish a trading post , called
Jamestown, now VA
The Virginia company was the first to
establish a permanent colony in the
Americas
The King gave the backers of the colony a
charter granting them “full power and
authority” to make laws.
Jamestown
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The colonists created representative
assembly – a leg. made up of individuals
who represent the population
Many died 105 who landed 67 died in first
year
800 new arrivals came in 1609 by spring
of 1610 numbers cut to 60. of 6000 who
came from 1607-1623 about 4,800 died-
Separatists / the Mayflower
Compact
1620 first New England colonists landed at
Plymouth ( Massachusetts)
 Made up of a group of extreme separatists
who wanted to break with Anglican Church
 Before going on shore they ( adult males)
(Women still did all the work but had no
political rights) drew up the Mayflower
Compact signed by 41 of 44 men Nov. 21,
1620
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Why the Compact
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The group was outside the jurisdiction of
the VA. Co. of London which chartered in
VA not Massachusetts.
Separatist leaders thought that some
passengers might think they did not have
to follow obligations of civil obedience
So some public authority had to be
established – rumors and mutinous
speeches on the ships
What was the Compact
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Not a constitution
Was a political statement
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Signers agreed to create and submit to the
authority of govt. pending receipt of a royal
charter
Why is the Compact
Significant?
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Historical and political significance
It depended on the consent of the
affected individuals
It also served as the prototype for similar
compacts in American History
Proved they wanted to live under rule of
law based on consent of the people
More Colonies
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Then in 1630 the Mass. Bay Colony was set up
Then Rhode Island, Connecticut, New
Hampshire , and others the last in 1732 of the
original 13 was Georgia
Used limited govt, London governed the
colonies , they did have large measure of selfgovt.
A lot of colonial laws foreshadowed the
Constitution and Bill of Rights
Colonial Conflict
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Began in 1760’s when G.B. decided to
raise revenues by imposing taxes on Am.
Colonies
Advisors to King George III ( 1760)
convinced him that it made sense to tax
the colonies to pay for defending them in
French and Indian War (1756-1763)
No taxation without
representation!!!
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In 1764 British parliament passed the
Sugar Act
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Colonists unwilling to pay it
1765 passed the Stamp Act providing for
internal taxation – taxation without
representation
Created the Stamp Act Congress (1765)
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Colonists boycotted the purchase of English
commodities
No Taxation without
Representation!!!!
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Continued to impose taxes on glass, lead,
paint, and other items in 1767
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- They boycotted again
The colonists fury over taxation climaxed in
Boston Tea Party
colonists dressed as Mohawk Indians dumped
350 chests of tea into Boston Harbor
British response
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In response to Tea Party in 1774
Parliament passed the Intolerable Acts
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Closed the Boston Harbor
Placed Massachusetts under direct British
control
Colonists outraged
The First Continental Congress
Sept. 5 , 1774
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Created due to passage of Intolerable acts
Caused colonists to send delegates to a meeting
to discuss matters and make plans for action
Only 12 sent delegates Georgia did not attend
until 1775
Little talk of independence
Delegates passed resolution to send delegation
to petition King George III expressing their
grievances
First Continental Congress
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Also passed resolutions to require colonies
to raise their own troops and boycott
British trade
They also declared that a committee be
created in every county and city that
would spy and report to the press anyone
not participating in the boycott
Cooperation which was a step to forming
national govt.
Response of Crown to
Congress
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King George III and the British govt.
condemned the actions of the Congress
and treated them as open acts of rebellion
2nd Continental Congress
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In May of 1775 a new congress met but
by now the Revolution had begun
Notable newcomers attended including
Ben Franklin and John Hancock who was
selected as president
They organized a govt. an established an
army led by George Washington who was
elected as commander in chief
First govt. until Articles of Confederation
2nd Continental Congress
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Lasted from the signing of the Declaration
to March 1, 1781 – Articles
The Congress was unicameral- 1 house
Exercising both legislative and executive
powers
Each colony had one vote
Executive functions were handled by a
committee of delegates
Public reaction
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Thomas Paine’s, Common Sense ,
pamphlet appeared on Philadelphia
bookstores and became a best seller
basically saying that they needed to form
a constitution of their own
Second Continental Congress
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On April 6 , they voted for free trade at all
Am. Ports with all countries but Britain
Interpreted as declaration of
independence
The next month the Congress suggested
that each of the colonies establish state
governments unconnected to Britain
Then on July 2, the Resolution of
Independence was adopted
Declaration
of Independence July 4, 1776
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Mostly written by Thomas Jefferson but also Adams,
Franklin, Roger Sherman, and Robert Livingston )
Inspired by Locke, Rousseau and Montesquieu
 Natural Rights as they relate to life, liberty and
property
 The consent of the governed
 Limited government
D of I opens with Jefferson invoking Locke philosophy…
“Life, liberty, pursuit of happiness”
Jefferson continues by listing grievances against George
III for violating inalienable rights
I do declare
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Jefferson had to take out a phrase about
condemnation of slave trade to gain
acceptance of the Georgia and North
Carolina
July 19 became unanimous declaration of
13 colonies
Aug. 2, signed by the members of the 2nd
Continental Congress
Philosophical Basis
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The use of Locke’s “unalienable rights”
reveals influence from Two Treatises on
Govt. ( 1690) is cornerstone to natural
rights
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Locke argued all people had right to life ,
liberty, and property and govt. had to
protect those rights
Govt. est. by the people through social
contract – form a govt. and abide by rules
Like Mayflower Compact – not new
Philosophical Basis
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In citing “pursuit of happiness “ instead of
property T.J. went even further than
Locke
Mostly it lists what He, King George III did
to the colonists
The Grievances
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Case against G.B.
No taxation without representation
Unjust trials
Quartering of British soldiers
Abolition of colonial assemblies
Policy of mercantilism ( the belief that to
become wealthy and powerful a govt. had
to accumulate gold and sliver – export
more than they import- have raw
materials – need for colonies)
Statement of Separation
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Jefferson said the colonists had no choice
but to revolt
England had a superior navy and
resources to support a war
But colonists had knowledge of the land,
leadership and the desire to be free
Goals of the Founders
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Create a government based on idea of
consent of the governed
State government s – urged to adopt their
own constitutions
Most granted same rights as they had under British
rule
 They varied widely in detail
 All of them gave little power to the governor
 Political authority given to legislature and short
elective terms
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Goals of the Founders
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Power was not centralized – could and
would not have a king
Even though they said “ all men were
equal” this was only meant to apply to
white men
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Property as an indicator of wealth and status
was also a requirement for political office
Articles of Confederation
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Was drafted in June 1776 by the Second
Continental Congress
Final form made by Nov. 15, 1777
March 1 1781 did the last state MD. Ratify
it ( implemented before this)
First govt. of the U.S.
Relied on states to make decisions that
would ultimately determine whether a new
nation would survive
A of C: 2 levels of govt.
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Weak national government
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One-house ( unicameral) Congress
Could declare war , make peace, sign treaties
Could borrow money but no power to tax
the states
There was a national army and navy, no
power to draft soldiers
No chief executive or national court
Legislation had to have 2/3 majority to pass
Amendments had to be unanimous
Features of New State
governments
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Popular Sovereignty- states existed by
consent of the governed , people who
hold the power and the people are
sovereign
Limited govt. - the power of the State’s
government was restricted
Civil Rights and liberties- each state clearly
announced the rights of its citizens
7 of the new contained a form of “ bill of
rights
Features of New State govt.
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Separation of power and Checks and
Balances – each state govt. organized with
independent branches of govt.
A of C: Dominate State govts.
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State govt. had to be dominant
Created their own currency
Refused to amend the Articles
Refused to recognize treaties made by
national government
Imposed tariffs on each other
What was in the Articles
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Formed a govt. of the states called the
Congress of the Confederation
Established a “firm league of friendship “
among the states that came together “ for
the common defense and securtiy of
liberty and their mutual and general
welfare
Most power rested with states
A of C : Govt. Structure
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Govt. under articles was unicameral
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No executive or judiciary
Delegates chose annually – as determined by
states
Executive and judiciary handled by committee
of Congress
Congress chose one of its members as
“president” but not of U.S. this would be done
annually
Powers of Congress
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Most powers related to common defense
and foreign affairs
Under the A of C Congress had the power
to maintain an army and a navy
State Obligations
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The States agreed to accept several
obligations to the central govt.
They retained many powers of govt. for
themselves
Required to give full faith credit and
generally accept horizontal federalism (
allocation of power among co-equal states
States retained powers not given to
Congress
Who had power in states
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Power began to shift to farmers and craft
workers in the states who emerged as the
middle class
Small farmers began to dominate state
politics
Led to opposing political parties (
Federalists and Anti-Federalists)
Trying to fix the A of C
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Efforts to correct problems informal at first
Like conferences to deal with commerce
disagreements between states
One was in Annapolis was poorly attended
and led to a call for a Philadelphia
Convention
Shays’ Rebellion-Aug. 1786
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Farmers returning from Rev. War faced with
extremely high taxes for which they had no
money – severe depression and fields were
fallow
Farms were foreclosed upon also govt. owed
them back pay for military service in Rev.
Daniel Shays led a group of farmers to take over
the Massachusetts State Armory and interrupt
trials of debtors in Springfield Massachusetts
Revolt succeeded in pointing out weaknesses of
the new govt.
Shay’s Rebellion
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Jefferson did sympathize with them
However the governor of Mass. Called on
Congress to put down rebellion but there
was no army so he was able to raise
enough money to raise a militia
Shay’s Rebellion
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Showed central govt . Could not protect citizens
from armed rebellion or provide for the public
welfare
Pointed out that Congress and the army were
weak and mob action was increasing
At Virginia’s urging five states met at the
Annapolis Convention in late 1786 to address
crisis it was inconclusive
They recommended to have a constitutional
convention of all the states to be held following
spring in Philadelphia to amend A of F
Weaknesses under A of C
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Govt. lacked the power to levy taxes
Could not regulate trade between states
No power to make the states obey A of C
Could only exercise powers with the
consent of 9 of the 11 state delegations
No amendments added because it had to
be unanimous among 13 states
Successes
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During 8 years of existence state’s claims
to western lands Settled
Maryland had objected to land claims by
Carolinas, Conn., Georgia, Mass, N.Y. and
Virginia until they gave land claims up to
U.S. as a whole only did MD. Ratify the A
of C
Successes under A of C
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Northwest Ordinance of 1787 established
a pattern of government for new
territories north of the Ohio River
First pooling of resources by the Am.
States
The Philadelphia Convention
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The delegates ignored the delegates
request to amend A of F and decided to
draft a new plan of govt.
With the exception of Rhode Island the
rest of the states sent 55 delegates to the
Convention in 1789
Philadelphia: Constitutional
Convention
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Make up of delegation
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All men, all white
Average age -42 (Ben was oldest at 81) youngest 26
Most had important roles in Revolution
Most served in state legislature ( 7 former governors)
Most were of moderate means , some wealthy
None were poor
Some attended college (31)
Many were merchants, 33 lawyers, farmers & bankers
7 plantation owners, 8 business leaders
Founders and their beliefs
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Original intent was to reform the Articles ,
but most realized reform was not enough
Shared a cynical belief that people should
not be given power to govern freely –
checks had to be put in place
Many came from upper and new middle
class factions started to show that would
exist not only in society, but in politics as
well
Key Concepts of Founders
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William Blackstone’s Commentaries on the
Laws of England, Montesquieu’s, The
Spirit of the Law, and Rousseau’s ,Social
Contract , all showed popular sovereignty
( right to rule yourself) and limited govt. (
not too powerful)
From Locke , Second Treatise of Civil
Govt. , also gave Framers idea of judicial
review ( determine constitutionality of
laws)
Key concepts continued
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From the many state constitutions the
Framers developed ideas of Checks and
Balances and Separation of Powers
Key Agreements
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Major disagreement over representation in
Congress
Two plans develop Virginia Plan and New
Jersey Plan
What’s the plan???
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The Virginia Plan
Proposed by Edmund Randolph of __
Introduced from the start. Set the course, drawn
up by Federalists.
Main points: Bicameral house w/much power
and delegates based on population or
contributions to the central govt.
Lower House popularly elected
Upper House to be chosen from lists provided by
state legislature
Virginia Plan
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Small states such as Delaware and Rhode
Island would have one representative in
lower chamber while large states like
Mass. And VA would have more than a
dozen
Condemned by small states who rallied
around New Jersey Plan instead
A Second Plan
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New Jersey Plan or small state plan
Proposed by William Patterson of New Jersey
Unicameral legislature where each state would
be equally represented
called for a stronger national govt. Who could
tax and regulate commerce among the states
In most respects Articles would remain in place
each state big or small would have a single vote
The Great Compromise
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The debate over VA and N.J. plans
dragged on for weeks before they reached
a compromise
What were some significant compromises in building the
Constitution?
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The Great Compromise: bicameral
Congress; House apportioned by
population, Senators apportioned two per
state and voted on by state legislature
(AKA Conn.) ( changed with 17th
amendment)
the small states never would have agreed
to join union if their vote was always
weaker this was Article V of Constitution
The Great Compromise
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All spending bills had to originate in the
House of Representatives
North- South Compromise
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Issue of the economy
South had agricultural and slave-based economy
North had a stronger manufacturing based econ. And
would gain a numerical majority in Congress and
proceed to enact unfair tax policies
If Congress levied high import tariffs on finished goods
from foreign nations to protect Am. Businesses and
placed heavy export tariffs on AG goods then the burden
of financing the new govt. would fall on the South
Delegates from South worried that Northern reps might
tax or even bar importation of slaves
North South Compromise
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After extended debate they compromised
Congress was prohibited by the
Constitution from taxing exports, but
could tax imports
Also Congress was prohibited until 1808
from passing laws to end slave trade.
3/5th Compromise
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Most controversial trade off during convention
Dealt with representation on lower house
For purposed of apportionment of taxes and seat in
House of Reps. Each slave was to count as 3/5th of a
person
North argued against slave count since they were
counted as property, and of course held in bondage
South wanted them counted as full persons for purpose
of lower house population counts ( would decrease
federal taxes levied on southern states)
The compromise
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The settled on both taxation and apportionment
They counted slaves as 3/5th of a person
South got the better deal- if slaves not counted
the south would have had slightly more than
35% of House seats with this had 45% of seats
– a lot of power in national legislation
North had to allow this to get support of
Southern States to join Union
Issue of slavery and framers
frame of mind
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Many would think that most of framers had no
qualms about slavery
Not true most were deeply troubled by it,
noticing the conflict with Lockean principle of “
all are created equal” and “ entitled to individual
rights”
“ inconsistent with the principles of the Revolution” MD. Luther
Martin “ and dishonorable to the Am. character to have such a
feature in the Constitution.” George Mason – VA slaveholder
Slaveholders bring judgment of heaven on a country,” ( Franklin)
Hamilton also involved in antislavery organizations
Factions among the Framers
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Madison kept a daily journal of the events
They were held in secret
Majority of delegates were nationalists
Wanted national govt. to have real power
G.W.and Ben Franklin preferred limited
national authority based on separtation of
power but willing to accept any type of
National govt.
Is Jefferson whispering, “Look, Washington’s nylons don’t
match!”, to Franklin?
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O
Factions among Delegates
Strong central govt.
advocates
 Gov. Morris of Penn. &
John Rutledge of S.C.
distrusted the people to
self- rule
Advocates of monarchy
 Some nationalists
 Included Alexander
Hamiltion- who called for
Convention – thought
British govt. was the best
Factions among delegates
Democratic Nationalists
 Led by James Madison of
VA and James Wilson of
PA
 Wanted central govt.
based on popular support
Nationalists who were
less democratic
 Edmund Randolph and
George Mason of VA
 Luther Martin and John
Mercer of MD.
 Wanted strong central
govt. only if it was only
founded on a very
narrowly defined
republican principles
Factions of Delegates
Claims to Western Lands
 MD. , Conn., Delaware,
New Hampshire, and N.J
only concerned with
making sure western
lands remained in hands
of central govt.
Group opposed to
National Government
 2 of the 3 from N.Y.
walked out once they
found out the nationalist
direction of the
convention
Executive and Judiciary
Branches
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Executive and Judiciary was settled by a 5
person Committee of Detail which
presented a draft of the Constitution on
Aug. 6 1787
It made executive and Judicial branches
subordinate to legislative branch
Madisonian Models
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Separation of Powers
Done to prevent tyranny
either by majority or
minority
No branch would have
more power than any
other
Congress passes laws,
executive enforces and
judicial interprets
Federalist 51 ( Woll pg.
44)
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Checks and Balances
Each branch checks
the power of the
other 2 branches
Does one branch outweigh another?
The Executive Branch
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Some delegates favored a plural executive
made up of representatives from various
regions abandoned in favor of single chief
executive
Some argued Congress should choose
Executive
To make it independent they adopted
electoral college ( cumbersome)
Executive
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Made it possible for the candidate who
came in second in popular vote to become
president by being the top vote getter in
electoral college ( 2000)
Insulated Presidency from direct popular
control
Was a 7 year single term but replaced
with 4 year term and possible re-election
Judicial
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Supreme Court had power to declare acts
of Congress and Executive as
unconstitutional
Pres. Appoints S.C. Justices and the
Senate approves them
Judicial review not in Constitution
arguably assume that framers intended
this
If Congress is in recess Pres. Can appoint called
a recess appointment without Senate Approval
Judicial
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Supreme Court justices serve for life or
until they retire.
S.C. can be impeached and convicted by
Congress
The Final Document
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On Sept. 17, 1787 the document was
approved by 39 of the 55 who attended
originally, only 42 remained
Three refused to sign others did not like
parts of it but signed anyway to begin
ratification debate
Fundamental principles in
Constitution
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1. Popular sovereignty or control by the people
2. a republican form of govt. in which the
people choose reps. to make decisions for them
3. Limited govt. with written laws
4. Separation of powers- so one branch could
not gain too much power
5. Federalism- a fed. System that allows for
states’ rights , because states feared too much
central power
Federalism
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The idea that sovereign powers or ruling powers
are divided between the states and national
government
Certain powers reserved for Feds and certain for
states
Laws made by federal govt. take precedence
over conflicting state laws
Provided for extensive states’ rights and also
reserved powers
Federalism
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This was new and was invented by the
Founders as a compromise over whether
the states or the central govt. should have
ultimate sovereignty
The line has always been an issue : Civil
War , Civil Rights – the line is vague
leaving it up to courts and scholars to
decide the line
Ratification
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Guaranteed that most states would not
ratify it
each state would hold a special
convention
Elected delegates would debate and vote
They agreed that if 9 of the 13 approved
it, it would take effect and they would
organize the new govt.
The Ratification Struggle…
The Anti-Federalists unhappy.
 Most delegates were Federalists,
meetings had been in secret! Too
powerful central govt! Wanted a
revision of Articles!
 Federalists respond with essays
aimed at winning public support.
 NY was a necessity, opponents in NY
attacked first!
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Ratification Struggle
Federalists
1. Favored strong national
govt. and the new
Constitution
2. Had advantage over
Anti-federalists
3. They had a positive
name
4. Attended the convention
and knew what took
place ( secret)
Anti-federalists
1. Wanted to prevent
Constitution as drafted
from being ratified
2. Negative name
3. Did not know what went
on at convention
4. At a disadvantage
5. Written by aristocrats
6. No bill of rights
Ratification
Hamilton – 2/3rd
Federalists
 Well read, well bred and
if I say so myself well fed
 John Jay, Alexander
Hamilton and James
Madison ( aka Ceasar
then- Publius- the public)
 All right so not so well fed
 But Ben Franklin looked a
a little chubby ( LOL)
Ratification Debate
Federalists
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They had money , time , and
power on their sides
Communication slow those
who had access to
communication had advantage
They were bankers, lawyers,
plantation owners, merchants
living in urban areas where
communication was accessible
Anti-Federalists
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One thing in their favor they
stood for the status quo
Greater burden on those who
wanted change
Patrick Henry , Sam Adams ,
John Hancock, Jefferson and
Monroe were supporters
( Montezuma, Philadelphiensis)
They also made brilliant
remarks in their attack of the
Constitution
Ratification Debate
Federalists
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Madisonian view favored a lg.
republic ( Fed Papers 10, 51)unpopular view at the time
Some believed that Madison
did not so much influence
thought as did the fact that A
of C was weak.
Explained powers of branches
and presented power of
judicial review
Anti-Federalists
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Influenced by Montesquieu
liberty safe in small societies
governed by direct democracy
or by a large legislature with
small districts
Also attacked ratification
process
Thought Con. Was class-based
in favor of elite
Must have Bill of Rights to
ratify
Became powerful because of
the patriots involved in Rev.
War
Anti- Federalists
Patrick Henry, Samuel Adams, Thomas
Jefferson
Ratification Debate
Federalists
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In N.Y . ( walked out of
convention) they quickly
attacked the Constitution
Hamilton answered in
newspaper columns signing it
Caesar- no effect he changed
it to Publius ( public)
He then also got help from Jay
and Madison ( Hamilton wrote
2/3rds of essays )
85 essays called “The
Federalist Papers”
From Oct. 1787-Aug. 1788
Anti- Federalists
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Claim was that Constitution
was written by aristocrats and
would lead to tyranny
Thought constitution would
create an overbearing central
govt. hostile to personal liberty
They wanted a bill of rights
They wanted stronger state
govt.
Their opinion was very popular
Ultimately, this was needed…
The Bill of Rights!
 Seen as a safeguard?
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Issues dealt with by
amendments and their locations
-Civil Rights
Amendments 1-9 and 14 ( memorize them)
1. Free speech, petition, freedom of assembly,
and freedom of Religion
2. Militia and right to bear arms
3. Quartering of soldiers
4. Protection from illegal search and seizure
without a warrant unless probable cause
5. Grand Juries , Self- incrimination, double
jeopardy, Due process and Eminent Domain
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Civil rights amendments
6. Criminal Court procedures –know accusations
against you and A speedy trial and trial by jury
confronted by witnesses & counsel for defense
7. Trial by jury or judge
8. Bail, Cruel and unusual punishment
9. Enumeration in the Constitution of certain
individual rights shall not be denied
14. ( July 9, 1868) Citizenship and Due Process
and Equal Protection of the Law
Issues dealt with by
amendments
Governmental Power and function- 10, 11,
16
10. Reserved powers of the states- powers not delegated
or prohibited by the Constitution shall be given to the
states , pass laws under own police powers
11. Ratified Feb. 7, 1795- Suits against the state-state can
not be sued in federal court by one of it’s citizens , by a
citizen of another state or by a foreign country
16. Feb. 3. 1913- Federal Income tax
Issues and amendments
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Election Rules and Office Holding – 12, 17,
20, 22, and 25
12- June 15, 1868- Election of the
President- in case of tie House of Reps.
Decides President one vote each state
must have quorum 2/3 of states
Vice President will be decided in the
Senate 2/3 of whole of Senate
Election Rules and Office
Holding
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17th Amendment -Direct election of Senators
20th Amend-Jan. 23, 1933- Lame Duck
Amendment – Terms of Pres. And VP shall end
at 12 noon on Jan. 20th instead of March 4 –
terms of Sen. And Congressmen will end Jan. 3
at noon
22nd – Feb. 27, 1951- 2 term limit for president
and if served more than 2 years of another pres.
Term they can only be elected once.
25th-Feb. 10, 1967- Pres. Disability and Vice
Election Rules and Office
Holding
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25th-Feb. 10, 1967- Pres. Disability and
Succession- removal of Pres. From office
VP takes over – vacancy in VP Pres.
Nominates and confirmed by majority of
both houses
If pres. Can’t perform duties he tells
leaders in Congress and VP takes over
Read the rest
Issue and amendments
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Social concerns – 18 and 21
18th amendment – Prohibition
21st- Yeah it was over !!!!
Issues and amendments
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Voting Rights – 15, 19, 23, 24, and 26
15th amendment (1870)- African American right
to vote
19th- (1920)Women’s Right to vote
23rd amendment- Voting in District of Columbia
(1960)- electors for voting for Pres. And VP
24th ( 1964) – abolition of the poll tax
26th- ( 1971) 18 year old vote moved down from
21
The Road to Ratification
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Many ordinary Am. Opposed the
ratification of the Constitution
However they were not represented as
well as the wealthy in the state ratifying
conventions
Also Federalist forces support was
increased due to the assumption that
George Washington would be the first
president not to mention that he presided
over the Convention
Road to Ratification
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Debate about Ratification involved
following objections:
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Increased power of central govt. (Major)
Constitution lacked bill of rights ( major)
God was not mentioned in the document
The Constitution did not allow States to print
money to place duties on imports from other
states , to interfere with lawfully contracted
debts and to harbor runaway slaves.
No Bill of Rights
Road to Ratification
Delaware was the first to ratify , Connecticut, Georgia,
and New Jersey followed
 After a bitter battle in Massachusetts they ratified it by a
narrow margin 187-168 on Feb. 6, 1788
 In summer of 1788, New Hampshire became the ninth,
the Constitution was law
 Neither VA or N.Y had ratified and they were needed for
stability finally did in June and July of 1788
 In both above states it barely passed by a slim margin
And only after Bill of Rights was promised by Feds
 By spring 1790 all 13 states had ratified it
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Did the Majority of Am. Support
the Constitution
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In 1913, historian Charles Beard published
An Economic Interpretation of the Constitution
of the United States .
The book launched debate over whether the
Con. Was supported by majority of Am.
His thesis was that the Con. Had been produced
by wealthy landowners who desired a strong
central govt. to protect their property rights
Claimed Con. Was imposed by undemocratic
methods to prevent democratic majorities from
exercising real power
Beard’s Thesis
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Beard also pointed out that there was
never any popular vote on whether to hold
a constitutional convention in the first
place
And if a vote was taken state govt. only
let white male property owners vote
Even the word democracy was distasteful
to the founders ( used by conservatives to
discredit their opponents)
State Ratifying Conventions
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Many historians believe that if a Gallop Poll was taken
the Anti-Federalists would have outnumbered the
Federalists
Many believed elites would end up abusing the little folk
just as the British had
Ratification was done by special conventions in each
state
Success was achieved when VA and N.Y. ratified in
summer of 1788
VA and N.Y crucial because most populous
Did not give ratification simple majority but went beyond
the majority because of importance
On the other side
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Many historians believe that support was
widespread because most people knew
that a strong central govt. was needed to
keep order and protect public welfare –
rich and poor felt this way
The Federalists did in fact set up a limited
govt.
Bill of Rights
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Madison had not at first supported a BOR
but Jefferson convinced him and also he
was running for election to Congress
Madison cut through hundreds of state
recommendations
One of the rights appropriate for
constitutional protection that was left out
of BOR was equal protection under the
law ( 14th , 1868 added Feds apply it now
as well )
Ratification of Bill of Rights
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Final # of amendments that Madison and
a committee came up with was 17
Congress tightened the language and got
rid of 5 and of the 12 left - 2 dealing with
apportionment of representatives and
compensation of members of Congress
not immediately ratified
1960’s apportionment changed and
compensation ratified in 1992- 27th
amend.
Ratification of Bill of Rights
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Dec. 15, 1791 the national BOR was adopted
when VA agreed to ratify the 10 amendments
The amendment that Madison said was the “
most valuable” which prohibited the states from
infringing on the freedoms of conscience, press,
and jury trial was eliminated by the Senate
It did not limit state power and citizens had to
rely on guarantees in state constitutions or state
bill of rights
Not until after civil war will there be limitations
on state power – 14th amendment
Inauguration of New Govt.
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The new govt. assembled in it’s temporary
capital , New York City, in March 1789 and
moved to Philadelphia in 1790 and D.C. in
1800
In April of 1789, George Washington was
elected President of the United States
Bill of Rights was added after Ratification
to fulfill promise to those who supported it
Constitutional Principles /
Popular Sovereignty
Popular Sovereignty
 all political power belongs to the peoplegovt. must have consent of the people
 Sovereign people created Constitution
 Preamble – We the People
Constitutional Principles/
Limited Government
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govt. can do only what people have given
it power to do,
each individual had certain rights govt.
can’t take away- ex. Bill of Rights ,
rule of law – Govt. officials are subject to
same laws as the people
Prohibitions to power of Govt.
Constitutional
Principles/Separation of Powers
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Created by the Founders- executive,
legislative and judicial divided among 3
independent and co-equal branches which
must cooperate with each other as well as
oppose each other – checks and balances
Done to limit powers of govt. and prevent
tyranny
Constitutional Principles/Checks
and Balances
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Each branch is subject to a number of
constitutional restraints by other branches
System of overlapping the powers of the 3
branches to permit each branch to achieve
their goals
Usually they restrain themselves
Change usually comes slowly –
moderation and compromise are the
norm- fragmented policy making
processes
Checks and Balances
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Allow almost all groups some place in pol.
system where their demands for public
policy can be heard- (linkage institutions
media, political parties, locally elected
officials , lobby groups ) very important
for AP test
Constitutional Principles /
Judicial Review
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Judicial branch possesses power to check
actions of the other branches in order to
determine constitutionality of their actions
and constitutionality of laws
Power of judicial interpretation not in
Constitution but never a matter of
disagreement among Founders
Constitutional
Principles/Federalism
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Division of political power between a
central govt. and several regional govt.
Horizontal and Vertical
H- A principle of government that defines the relationship between
the central government at the national level and its constituent units
at the regional, state, or local levels. Under this principle of
government, power and authority is allocated between the national
and local governmental units, such that each unit is delegated a
sphere of power and authority only it can exercise, while other
powers must be shared.
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Vertical federalism: this is viewed as
the traditional form of federalism as it
sees the actions of the national
government as supreme within their
constitutional sphere.
Constitutional Principles /
Federalism
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Founded in American revolution against
King in England- New Idea
Compromise between a strict central govt.
and a loose confederation , such as A of C
Amending the Constitution
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Much easier than under A of C – (which was
unanimous)
It has only changed 27 times since ratification
Since the Bill of Rights , the strongest theme in
the later 17 amendments, is the expansion of
citizenship rights
The first 10 focus on limited powers of the
federal govt. over rights and liberties of
individuals.
Article V
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The process of ratification was thrown into
the writing of the Con. To make it flexible
and usable in any time period – “A Living
Constitution”
3 ways to Amend Constitution
1.
2.
3.
Constitutional Amendment – Ratification
process
Judicial interpretation
Political Practice – or precedents
Formal ways of proposing an
Amendment
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1. 2/3rds vote in each Chamber of
Congress ( 67 in Senate, 290 in House)
2. a national convention that is called by
Congress at the request of 2/3rds of the
state legislatures - never been used
Ratification
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1. by a positive vote in 3/4ths of the
legislatures of various states ( 38 of 50 )
2. by special conventions called in the
states and positive vote in 3/4ths of them(
only used once to repeal Prohibition with
21st Amendment)
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State conventions were needed to repeal 18th
Amend, because of pro-dry legislatures in
conservative state wouldn’t have passed the
repeal
Proposing and Ratifying a Constitutional
Amendment in Writing
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4 ways to amendment in writing :
1. Proposed by 2/3rds of both houses of Congress and ratified by
3/4th of the states ( most popular )( 38 of 50)
2. Proposed by 2/3 of Both houses of Congress and ratified by
special conventions in ¾ of the states (38 of 50)
3. Proposed by a national convention when requested by 2/3rds
of State Legislatures and ratified by ¾ of State Legislatures (38
of 50)
4. Proposed by national convention called by Congress when
requested by 2/3 of State legislatures then ratified by a special
convention held in ¾ of the States ( once Prohibition)
Rules of Ratification
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Congress chooses method
Most have time limits but 27th didn’t 203
years to ratify 1789- 1992 ( Michigan last
state to ratify 27th)
Most have 7 year time limit but not for all
it can be extended (ERA )
No national convention has been held
since 1787
Does one branch outweigh another?