copyright © houghton mifflin company. all rights reserved.2 | 1 chapter two section three the...

Copyright © Houghton Mifflin Company. All rights reserved. 2 | 1

Chapter TwoSection Three

The Constitution


The Constitutional Convention

• The Framers (55) attending: men of practical affairs, including Continental army veterans and members of the Congress of the Confederation, 8 had signed the Declaration

• Gathering was authorized only to revise Articles


The Virginia Plan– Replace Articles– Unitary/Federal?– Presidential

•Executive and Judicial indirectly elected by legislature

– Bicameral?•One house directly by the people based on

population; one house chosen indirectly by first based on population

– Council of Revision• Indirectly elected as a second House with veto

power over state laws


The New Jersey Plan– Amend Articles– Federal/Confederal?– Parliamentary

• Executive indirectly elected by Legislature; Judicial chosen by Executive

– Unicameral• Indirectly elected by the state legislatures

– Council of Revision• Selected by Executive, approved by Legislature

veto power over Federal laws


The Great Compromise– Federal

• All powers not explicitly given to the Federal government belong to the people and the states

– Presidential• Executive indirectly elected by electoral college selected by state

legislatures; states set election laws• Judicial nominated by Executive; approved by Senate

– Bicameral• House of Representatives directly elected based on population• Senate two per state indirectly elected by state legislatures

– The Greatest Compromise?• House of Representatives Apportionment: 3/5 Compromise• Congress could not prohibit slave trade before 1808• Fugitive Slave Clause


Key Principles of US Government• FEDERALISM

– power divided between national and state governments

• REPUBLIC– Popular rule, but not direct democracy – Majority rule

• SEPARATION OF POWERS– Veto, override, appointment/approval, judicial

review?

• AMENDMENT– Proposed 2/3d in Congress; 2/3ds of State

legislatures– Approved 3/4ths of states in legislatures or

conventions


Three Categories of Powers

• Enumerated powers: given to national government exclusively; include power to print money, declare war, make treaties, conduct foreign affairs

• Reserved powers: given to states exclusively; include power to issue licenses and to regulate commerce wholly within a state

• Concurrent powers: shared by both national and state governments; include collecting taxes, building roads, borrowing money, having courts


Three (?) Categories of Powers

• Enumerated powers• Reserved powers• Concurrent powers• Implied Powers

– elastic clause, necessary and proper clause. An implied power is one not granted in a job description, yet is meant to be taken. The elastic clause was included into the Constitution to allow flexibility. Congress was granted the right to make all laws which they deemed necessary and proper thus expanding their power.


Interpretations of the Constitution

• Strict interpretation – The strict interpretation of the

constitution meant that it was to be followed exactly to the word, a philosophy adopted by Jefferson.

• Loose interpretation: – Hamilton believed in a loose

interpretation, or that powers implied within the Constitution should be included in the new government to fit changes over time.


Ratification of the Constitution

•Ratifying conventions, not state legislatures

•Approval by 9 of 13 states– Technically illegal under Articles

• Federalists and Anti-Federalists– First political parties


Motivations of the Founding Fathers

•Charles Beard – Economic Interests–Framers were wealthiest men in America

–Remember the bonds?–Property rights for landowners–Protection of slavery and political power of slaveholders


Motivations of the Founding Fathers• Primary concerns appeared to be

– state’s interests– Creation of equal opportunity rather than

unnatural and undesirable aristocracy – Guarantees of both freedom of the

individual and freedom from tyranny as a natural and civil right•Protection of liberty•Popular Sovereignty•Separation of Powers•Federalism


The Anti-federalists Patrick Henry, Sam Adams, George

Mason• Liberty could be secure only in small

republics– Nation needed a loose confederation of

states with most of the power wielded by the state legislatures where the citizens could physically abuse the legislators

– Tyranny of the majority and minority rights

• A strong national government should have many more restrictions on it– Bill of Rights


The FederalistsJohn Jay, Alexander Hamilton, James Madison

• Federalist Papers 10 and 51 – 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 as most rights were already guaranteed in Constitution or in State Bill of Rights– Habeas corpus– No ex post facto– Trial by jury– Full faith and credit– Separation of church and state


Ratification of the Federal Constitution by State Conventions


Suggestions for Constitutional Reform

• Questions to consider– How well has it worked in history?– How well has it worked in comparison

with other democratic nations?– How can it function better?

copyright © houghton mifflin company. all rights reserved.2 | 1 chapter two section three the...

Documents

state legislatures states

legislature veto power

national government

stateconcurrent powers

legislature judicial

ths of states

presidential executive

judicial review