The
Constitution
History
!  European Influence
!  European Enlightenment – Scientific
Revolution of the 16th and 17th
centuries, basis of modern science.
!  European philosophers were strongly
criticizing governments dominated by
monarchy and colonialism.
The Social Contract – 1600s
!  Hobbes and Locke - Hobbes and Locke believed that in the “state of nature” people
are naturally free and equal and argued that
freedom led inevitably to inequality, and
eventually to chaos.
Thomas Hobbes
!  Believed that people are naturally selfish
and greedy, and if not strictly controlled,
they will fight, rob, and try to control one
another.
!  Absolute monarch
John Locke
!  Agreed with Hobbes
!  Argued that people have natural rights from
the state of nature that include the right to
“life, liberty, and property.”
!  people form governments to protect these
natural rights, giving up their freedom to
govern themselves through a social contract
!  social contract – an agreement between
rulers and citizens – that both sides are
obligated to honor.
Locke – Jefferson: Declaration
of Independence
Locke:
!  “When any one, or more,
shall take upon them to make
laws whom the people have
not appointed so to do, they
make laws without authority,
which the people are not
therefore bound to obey; by
which means they come
again to be out of subjection,
and may institute to
themselves a new
legislature.”
Jefferson:
!  “When in the course of
human events, it becomes
necessary for one people to
dissolve the political bands
that have connected them
with another, and to assume,
among the powers of the
earth, the separate and equal
station to which the laws of
nature and of nature’s God
entitle them….”
Locke
Jefferson
!  “Whosoever uses force
without right… puts himself
into a state of war with those
against whom he so uses it,
and in that state all former
ties are canceled, all other
rights cease, and every one
has a right to defend himself,
and to resist the aggressor.
!  “But when a long train of
abuses and usurpations,
pursuing invariably the same
object, evinces a design to
reduce them under absolute
despotism, it is their right, it
is their duty, to throw off
such government….”
Locke:
!  “A state also of equality,
wherein all the power and
jurisdiction is reciprocal, no
one having more than
another…”
!  “[men] have a mind to
unite for the mutual
preservation of their lives,
liberties, and ….property.”
Jefferson:
!  “We hold these truths to be
self-evident: That all mea
are created equal;”
!  “that they are endowed by
their Creator with certain
unalienable rights, that
among these are life, liberty,
and the pursuit of
happiness.”
Locke:
!  “To great and chief
end, therefore, of men
uniting into
commonwealths, and
putting themselves under
government, is the
preservation of their
property…”
Jefferson
!  “that to secure these
rights, government are
instituted among men,
deriving their just
powers from the consent
of the goverened.”
The Constitution
!  Based on five great principles designed to
achieve balanced order with liberty.
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Popular sovereignty
Separation of powers
Checks and balances
Limited government
Federalism
Articles of Confederation
!  Written during the Revolutionary War to
provide unity for the separate states that
formed the new country.
!  Allowed state governments to retain their
powers
Limitations to the Articles
!   Equal state representation in the central
government.
!   No executive or judicial branches
!   Could not levy taxes.
!   Could not regulate commerce between states.
!   No law enforcing powers
!   Unanimous vote for amending the Articles
!   States retained all powers not specifically granted
to Congress
!   9 of 13 states were necessary to pass legislation.
Background to the Convention
!  When the Revolution was over there was no
need for unity.
!  States quarreled over borders and tariffs
!  Country was badly in debt
!  Foreign countries saw a lack of strong
central government as weakness that could
be exploited.
!  Shay’s Rebellion – caused great fear of
states collapsing – turning point
Constitutional Convention
!   55 delegates from 12 states, May 1787
!   Alexander Hamilton – leading proponent of a strong,
centralized government
!   George Washington – the chairman of the Convention, and
the most prestigious member, who also supported a strong
centralized government.
!   James Madison – a young, well-read delegate from
Virginia, who is usually credited with writing large parts of
the Constitution.
!   Benjamin Franklin – 81 year-old delegate from
Pennsylvania, who had attended the Continental Congress
in 1776
Delegates that were absent:
!  Thomas Jefferson was serving as
ambassador to France.
!  John Adams, ambassador to England.
!  Patrick Henry refused to come because he
“smelt a rat”
!  Samuel Adams was not selected by
Massachusetts to attend.
!  The Plans
! Virginia Plan
! New Jersey Plan
! The Great
Compromise
The Virginia Plan
!  3 branches of govt.
!  Bicameral legislature
! Representation based on upon state
population
! Lower house popularly elected
! Upper house elected by lower house
The New Jersey Plan
!  A plural executive
!  Supreme court – appt for life by executive
!  Unicameral legislature
! representatives elected by state legislature
! Equal representation
The Great Compromise
!  AKA Connecticut Compromise
!  3 separate branches of government:
! Executive
! Legislative
! Judicial
!  Bicameral legislature
! House of Representatives – rep. by population
! Senate – equal rep. by states
!  Three-Fifths Compromise
! 3/5 of the slave population would be
counted in determining
representation, but they also were to
be counted in figuring direct taxes
!  Electoral college
!  All but 3 of the 55 delegates signed the
document on September 17, 1787
!  The drafting of the constitution took about
three months
!  The document has lasted over 200 years,
making it the longest lasting Constitution in
world history.
Amending the Constitution
!   Formal Amendment – changing the actual words
of the constitution - four methods
! Proposed by 2/3 vote of each house of Congress and
ratified by at least ¾ state legislatures.
! Proposed by 2/3 vote of each house of Congress ratified
by specially called conventions in at least ¾ of the
states
! Proposed by a national constitutional convention
requested by at least 2/3 or state legislatures and ratified
by at least ¾ of the state legislatures
! Proposed by a national constitutional convention and
ratified by specially called convention in at least ¾ of
the states
!  Informal Amendments
! Legislature
! Executive actions
! Judicial review
Federalists v. Antifederalists
!  Constitution would go into effect once 9
states approved it.
!  Debate over ratification raged throughout
the country, creating Federalists (supporters
of a strong central government) and AntiFederalists (supporters of strong state
government)
Federalists #10
!  Argued that separation of powers and
federalism check the growth of tyranny by
factions: If “factious leaders… kindle a
flame within their particular states…”
leaders can check the spread of the
“conflagration through the other states.”
Likewise, each branch of government keeps
the other two from gaining a concentration
of power.
Federalist #51
!  Explained why strong government
is necessary: “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.”
Compromise
!  A compromise between Federalists and
Anti-Federalists was reached with
agreement to add ten amendments that
guaranteed individual freedoms and rights.
!  Constitution was ratified in 1789 by all
states
!  Bill of Rights added in 1791