States and Constitutions
The Articles of Confederation
To the
CONSTITUTION
State Constitutions Cont..
Each State Constitution had a list/bill of rights State governments had three branches LegislativeLegislative- created laws, most were Bicameral ExecutiveExecutive- and elected governor JudicialJudicial- power over court systems Property requirements for office holding was the norm
Accomplishments
Colonies become States, Draft new Constitutions, By 1777 ten had constitutions. Battle between those who want well Defined Rules and Order (conservatives) and those who want to protect individual rights (liberals). State Constitutions were approved by a vote of the people or State legislatures.
Articles of Confederation
Weak Central government, limited power. Unicameral Legislature, used Committees No Executive No Judicial Each state had one vote 9/13 states were needed to pass laws Amendments had to be Unanimous
Westward settlement
Was the constitution during the winning of the Revolutionary War The country was not ready for a strong central government, and therefore needed a GLORIOUS FAILURE. But it did have successes:
Passed the Land Ordinance of 1785 Passed the Northwest Ordinance of 1787
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Managing the Frontier in the Early Republic
The Frontier During the Revolution
Land Ordinance of 1785 Northwest Ordinance of 1787 Indian Intercourse Act of 1790 Battle of Fallen Timber Battle of Tippecanoe
The Complexity of Western Land Claims
Formation of the Northwest Territory
The question of western lands Americans and the “right of conquest” Ceding the western land
Patriots and Loyalists Tribal alliances Warfare in the Backcountry The Impact of the Peace of Paris (1783)
The Land Ordinance of 1785
Speculators and Squatters
The Northwest Ordinance of 1787
Thomas’ Jefferson’s plan of government The Northwest Ordinance Government and statehood slavery Indian land rights The Indian Intercourse Act of 1790 The status of Indian nations “to promote civilization”
Surveying the land Selling the land
Northwest Ordinance
Approved by Congress July 13, 1787 Area north of the Ohio River and East of the Mississippi River. Interim federal control while local governments were being developed Governor, Secretary and Three Judges, appointed by Congress
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Guarantees of the Northwest Ordinance
Northwest Ordinance
Whenever a district reached a population of 5000 free males, it could elect a bicameral legislature and send a nonnon-voting member to Congress. When the population reached 60,000 free inhabitants the district would be eligible for statehood.
Freedom of religion Trial by jury Each would enter the union "on an equal footing with the original states." that revenue generated from the sale of a portion of each township in the state would go to fund public education— education—the first instance of federal aid for education in American history.
Northwest Ordinance cont..
"neither slavery nor involuntary servitude" were to be allowed. that a good faith effort would be made to respect the Indians in the territory.
Problems
Social unrest: Shays’ Shays’ Rebellion
Shays's Rebellion, winter, 1786
Daniel Shays led a mob of farmers in Massachusetts to prevent bank foreclosures on farms. This showed vulnerability of state government and lack of ability to maintain order. The rebellion prompted Congress to call for representatives to be sent to Philadelphia to discuss constitutional revisions.
War debts were unpaid, problem with establishing good credit with other nations No power to tax Could not force Great Britain to leave the western lands. Shays Rebellion, dependence on state militias
Limitations/Problems No Chief Executive
Nine of the thirteen states needed to approve laws
13 out of 13 states needed to approve Amendments
No coordination of committees, no uniform domestic policy Rarely were all the delegates present, states voted in blocks, 5 Small versus 8 large. Never could get the 13 states to agree
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Continued No power to regulate interstate commerce
No power to enforce treaties
Led to disputes between states, could not regulate to protect American business, tariffs Could not force the British to leave American territory
Continued No power to enforce laws, LIMITED national court system state courts interpreted national laws
Timeline — Prequel to the Constitution
Dec. 1773 — Boston Tea Party Apr. 1775 — first battles of Revolutionary War, at Lexington and Concord, MA July 4, 1776 — Declaration of Independence adopted by Congress Nov. 15, 1777 — Articles of Confederation adopted by Congress Mar. 1, 1781 — Articles of Confederation ratified by states (cont’ (cont’d)
Constitution
Definition
“The fundamental and organic law of a nation or state, establishing the conception, character, and organization of its government, as well as prescribing the extent of its sovereign power and the manner of its exercise.” exercise.”
— Black’ Black’s Law Dictionary Sets the broad rules of the game. The rules are not neutralneutral- some participants and policy options have advantages others don’ don’t.
Could only ask and request could not force states to follow the laws
Timeline (cont’ (cont’d)
1783 — Revolutionary War ends with peace treaty The Aborted Annapolis Meeting
An attempt to discuss changes to the Articles of Confederation. Attended by only 12 delegates from 5 states.
Shay’ Shay’S REBELLION TRADE DIFFICULTIES Sept. 1786 — Hamilton proposes another convention, this time in Philadelphia to revise the Articles of Confederation May 1787 — Philadelphia Convention commences work Sept. 17, 1787 — Convention concludes its work with a proposed Constitution (cont’ (cont’d)
Constitutional Convention (1787)
Hamilton asks for another convention to “revise” revise” the Articles. This time at Philly. The CONSTITUTIONAL CONVENTION Stated
Purpose: the Articles 12 of 13 states sent delegates revise
Not a cross section of the country, but the elite. Real purpose: Secret meeting Write
a new constitution is Limited government
Purpose of government
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A Convention of DemiDemi-Gods?
Issue of Representation
Franklin Madison Hamilton Washington William Patterson Edmund Randolf
Virginia Plan– Plan–Edmund Randolph
New Jersey Plan– Plan–William Patterson
Connecticut Compromise (Great Compromise)
Created a bicameral legislature The first chamber of Congress would be apportioned according to number of inhabitants in each state (House). In the second chamber, each state would have equal representation (Senate).
Electoral College House of Reps elected by the people, but the Senate appointed by State Legislators (the elite) interstate vs intrastate trade slave TRADE can’ can’t be outlawed until 1808 etc
Each state should be equally represented regardless of population
ThreeThree-fifths Compromise
Fundamental difference lies between slave and nonnon-slave states Over 90 percent of the slaves lived in five states (Georgia, Maryland, North Carolina, South Carolina, and Virginia) Compromise result: five slaves would be counted as three persons.
Other Compromises
Framework for a new constitution Representation was to be based on the population of each state or the proportion of each state's revenue contribution
Supported by slave states to increase representation Supported by nonslave states that advocated principle of property representation
Left slavery question unresolved until Civil War
Key principles of the Constitution
Separation of powers - assignment of law making, law interpreting and law executing functions to different branches of government Checks and balances - the power of scrutiny and control of each branch over the other two branches of government Republicanism - not classical democracy, but based on representation, calibrated popular input Federalism - two levels of government, with central government supreme
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Separation of Powers
"Ambition should be matched with ambition" (Madison) Prevents power accumulation in one branch
Checks and Balances
States versus national government House versus Senate Executive versus legislature Courts versus executive and legislature Senate versus executive on treaties and appointments People through elections versus legislatures
Preamble of the Constitution
“We the people . . .” .”
“We the people of the United States, in order to . . . establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty . . . do ordain and establish this Constitution for the United States of America.” America.”
“In adopting [the Constitution], the Framers envisioned a uniform national system, rejecting the notion that the Nation was a collection of States, and instead creating a direct link between the National Government and the people of the United States. . . . (cont’d)
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“We the people . . .” .” (cont’ (cont’d)
Federalism
“. . . [The] Congress of the United States, therefore,
Federal government
is not a confederation of nations in which separate sovereigns are represented by appointed delegates, but is instead a body composed of representatives of the people. people.”
State governments
— U.S. Term Limits v. Thornton, 514 U.S. 779 (1995)
Article I – Legislative branch
The US Constitution
The Basic Structure Preamble Article I: Article II: Article III: Article IV: Article V: Article VI: Article VII:
The Legislative Branch The Executive Branch The Judicial Branch National Unity and Power Amendment Procedure National Supremacy Ratification Requirements
Article I – Legislative branch
Structure of the legislative branch Apportionment of Senators and Representatives among the states Qualifications for holding office Roles of House and Senate in impeachments Basic functioning of the two houses Role of Congress and president in making law: President’ President’s power to veto, Congress’ Congress’s power to override
Two things you don’ don’t want to see being made: Sausage Laws
Article I — Powers of Congress
Enumeration of Congress’ Congress’s powers
(Art. I, sec. 8)
17 specific enumerated powers 1 catchcatch-all: “necessary and proper” proper” aka. Elastic Clause
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Article I — Limitations on federal legislative power
Specific limitations on the federal legislative power (Art. I, sec. 9): No prohibiting importation of slaves before 1808 No suspension of habeas corpus No bills of attainder or ex post facto laws No granting titles of nobility
Article I — Limitations on state legislative power
States may not: Enter into treaties Issue their own money Pass bills of attainder or ex post facto laws, or impair contracts Except with consent of Congress, impose duties on imports or exports, keep troops, or enter into an agreement with another state
Article II – Executive branch Election of President and Vice President, qualifications for office (Art. II, sec. 1) Revised by 12th Amendment Successorship, Successorship, in case of President’ President’s death or disability Revised by 25th Amendment
Limitations on state legislative power (Art. I, sec. 10)
Article II (cont’ (cont’d)
(cont’ (cont’d)
Article III – Judicial branch
Structure of the judicial branch Creates the Supreme Court, and authorizes
Congress to create lower courts (Art. III, sec. 1) Establishes rules regarding judges: life tenure, no reducing salary Describes the types of cases that courts can hear and decide (Art. III, sec. 2) Assigns the Supreme Court original and appellate jurisdiction (Art. III, sec. 2) BUT NOT Judicial Review Defines the grounds for treason (Art. III, sec. 3)
Powers of the President (Art. II, sec. 2) Commander in chief Entering treaties and making appointments, with advice and consent of the Senate
“take Care that the Laws be faithfully executed” executed” (Art. II, sec. 3)
Grounds for impeachment of President, VP, and other officials (Art. II, sec. 4)
Article IV – Relations among the states Relations among the states: States must give “full faith and credit” credit” to judicial
decisions and other official actions of other states (Art. IV, sec. 1) States must extradite accused persons to other states (Art. IV, sec. 2) Each state is guaranteed “a republican form of government” government” (Art. IV, sec. 4)
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Article V — Amendment of the Constitution Amending
the Constitution Amendments proposed by Congress or state
So now it written, but… but…
Need to get 9 of 13 to ratify???? What happened to 13 of 13 to change the A of C?
Federalists:
conventions Ratification by ¾ of states
Article VI — Supremacy Supremacy:
Constitution and federal law overover-rule state
law
Federalists
Large landowners, wealthy merchants, professionals
AntiAnti-Federalists
Small farmers, shopkeepers, laborers
Strong national government Feared excessive democracy Elites best fit to govern
Strong state government Feared concentration of power in few hands Protection for individual liberties
AntiAnti-Federalists:
Patrick Henry James Monroe Melancton Smith George Mason Elbridge Gerry George Clinton Samuel Adams Richard Henry Lee (introduced the idea of the Dec. of Independence)
What of the protection of people’ people’s liberties?
Ratifying the Constitution
Ratifying the Constitution
Hamilton Madison????? Jay Gouverneur Morris (Madison took much of the Preamble from his Massachusetts state Constitution John Dickinson (wrote the Articles of Confederation
Neglected to include provisions in draft of the Constitution State constitutions generally included such provisions. Protection of liberties the duty of the states? Roadblock to ratification Bill of Rights was promised
Federalist No. 10: factions
We can’ can’t count on wise governors
“faction” faction” = “a number of citizens, whether amounting to a majority or minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community” community” [15]
“It is vain to say that enlightened statesmen will be able to adjust these clashing interests, and render them all subservient to the public good. Enlightened statesmen will not always be at the helm.” helm.” [16]
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Madison’ Madison’s cure for factions Majority factions, which promote their own interests at the expense of the public good and the rights of other citizens
Problem:
Solution:
Democracy “Pure democracy” democracy”= “a society consisting of a small number of citizens, who assemble and administer the government in person” person” [16]
A republican form of government, instead of pure democracy A large, populous nation, instead of a small one
Madison’ Madison’s view of pure democracy “[Pure democracies] have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security or the rights of property; and have in general been as short in their lives as they have been violent in their deaths.” deaths.” [16[16-17]
The benefits of representation The effect of introducing representation is “to refine and enlarge the public views, by passing them through the medium of a chosen body of citizens, whose wisdom may best discern the true interest of their country, country, and whose patriotism and love of justice will be least likely to sacrifice it to temporary or partial considerations” considerations” [17]
Republicanism “Republic” Republic” = “a government in which the scheme of representation takes place” place” [17]
Representation (cont’ (cont’d) Result of representative government: “the public voice, pronounced by the representatives of the people, will be more consonant to the public good than if pronounced by the people themselves” themselves” [17]
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Majorities will be drawn to justice
Federalist No. 51: checks and balances
“In the extended republic of the United States, . . . a coalition of a majority of the whole society could seldom take place on any other principles than those of justice and the general good . . . .” .” [24]
“[T]he great security against a gradual concentration of the several powers in the same department, consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others.” others.” [22]
We’ We’re not angels
Plato: we need to become angels
“If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary.” necessary.” [22]
“Until philosophers are kings, kings, or the kings and princes of this world have the spirit and power of philosophy, and political greatness and wisdom meet in one . . . cities will never have rest from their evils — nor the human race, as I believe — and then only will this our State have a possibility of life and behold the light of day.” day.” — Plato, Republic 473 c.e. c.e.
Timeline (cont’ (cont’d) 1787 - 88 — Federalist Papers published June 21, 1788 — ninth state (NH) ratifies the Constitution, making it effective Sept. 1789 — Bill of Rights proposed Dec. 1791 — Bill of Rights ratified
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Bill of Rights – First 10 Amendments Limits Congress (1st Amendment) Limits Executive (2nd-4th Amendment) Limits Judiciary (5th-8th Amendment) Limits National Government (9th-10th Amendment)
MEMORIZE THE 1ST 10 FOR THE TEST
Assessing the Constitution: Achievements
Hierarchy of sources of law The people (i.e., ¾ of the states)
Created unified nation capable of defending itself Facilitated the country’ country’s economic development
U.S. Constitution Federal statutes and common law
Outlawing separate state currencies Outlawed state tariffs
Created a presidency that was first filled by Washington
State constitutions State statutes and common law
Assessing the Constitution: The Constitution Today
Constitution continues to give many groups/interests opportunities to voice their concerns
Constitutional ambiguity Adaptability Successful governing arrangements
Stain of slavery
Could not resolve an intractable problem Strong solution would mean no ratification
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