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Chapter 1

The Constitution: Limiting Government’s Power

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The Constitution Defined

Constitutionalism Government of laws, not people Constitution establishes governmental bodies

1. House of Representatives 2. Senate 3. Presidency 4. Supreme Court

The Constitutional Tradition 1. The Magna Carta, 1215 2. The Mayflower Compact, 1620 3. The Colonial Charters, 1624-1732 4. The Declaration of Independence, 1776

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The Constitution Defined

The Constitution can only be changed by general popular consent – majority needs to agree upon the change

The U.S Constitution is superior to ordinary laws of

1. Congress 2. Orders of the president 3. Decisions of the courts 4. Acts of the state legislatures 5. Regulations of the bureaucracies

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Constitutional Beginnings

Two parts to be included by settlers Individual security Rule of law – laws made to govern the land

New England Colonies set up compacts A compact is an agreement that binds two or more

parties to enforceable rules

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Constitutional Beginnings

Charter Companies were created The English King controlled the charter companies

for the purpose of gathering natural resources from the new world

Proprietary Colonies were created The colonies were set up like the British government

– The British King granted propietary rights to individuals, as in Maryland(Lord Baltimore), Pennsylvania(William Penn) and Delaware (Penn)

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Five Precedents to the Constitution Five Important Events that led to the

Constitution Magna Carta of 1215 – a written document that

stated that the powers of the English King were not absolute

Mayflower Compact of 1620 – prior to landing at Plymouth the Pilgrims wrote a social contract to ensure the success of the community

Colonial Charters of 1624-1732 Declaration of Independence of 1776 Articles of Confederation of 1781-1789

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Problems Facing a New Nation

Lack of National Unity – each state was operating independently of the federal government

Financial Difficulties – congress had no power to tax the people directly

Commercial Obstacles – states were free to tax the goods of other states, no power to regulate interstate commerce

Money Problems – each state had the power to issue their own currency, and regulate it’s value

Civil Disorder – debtors revolted against tax collectors

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Constitutional Convention 1787

Purpose – revise the Articles of Confederation – ended up writing the Constitution

Fifty-five delegates attended National commitment Wide viewpoints Well-educated men Unified in thinking about economics, military, and

politics Distinguished gentlemen

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Constitutional Convention 1787

All states represented, but Rhode Island Decided on a republic form of government –

where the power lies in the vote of the citizens Determined the three branches – Executive,

Legislative, and Judicial Determined that there would be taxes on

imports but not exported goods

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Constitutional Convention 1787

Representation in Congress was the most serious debate Two houses would be created in the Legislature –

Called the Great Compromise

Three-Fifths Compromise developed – three-fifths of slaves would be counted in apportioning seats

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Constitutional Convention 1787

Only thirty-nine of the fifty-five signed the new Constitution

Those who did not sign claimed that the government was given too much authority

The supporters of the Constitution were the Federalists