Notes:
Chapter 3: The U.S. Constitution
•
Framing the Constitution: a prelude & context
• “All constitutions are an attempt to balance liberty and freedoms on the one hand with
authority and order on the other.”
• The US Constitution is a conservative reaction to the post-Revolution chaos.
• The Articles of Confederation
A. The first try at government after the Revolution, designed by the Continental Congress
B. An “agreement” or “loose confederation” of states
C. Weaknesses
1. Formed a confederation (sover’n states)
2. No power to tax
3. No real president to direct the gov’t
4. No power to regulate interstate or foreign commerce
5. Unanimous consent to amend
6. 9/13 to pass a law
7. One vote per state
The Constitutional Convention of 1787
A. Called by Congress to amend Articles
1. Shay’s Rebellion
B. Who are they?
1. 55 delegates, about 30 participated
2. Over half not yet 40
3. 30 were university educated (not Washington!)
4. 8 signed the Decl. Of Independence
5. All but two were wealthy; all white men w/ gov’t exp.
6. 25 (inc. Washington & Madison) owned slaves
The Plans
A. Va Plan: replace Articles with a true nat’l gov’t; two-house legislature (one house popularly
elected); executive chosen by nat’l legis
B. Pinckney Plan: Immediate response to Va Plan; unwritten but appears (from Madison’s notes)
little different from Articles
C. NJ Plan: amend Articles; one vote per state in both houses—This would benefit the states, esp
the small ones, and weaken the nat’l gov’t
D. Hamilton Plan: (aka British Plan) complete loss of state sovereignty, unitary gov’t very much like
England w. a “Governor” presiding for life (non-hereditary king).
A. Not considered as the states objected to loss of sovereignty (but elements survive in
Constitution)
B. Prelude to difficulties on most subjects
E. Great (Connecticut) Compromise: House based on population and popularly elected; Senate with
two members per state, chosen by state legislatures
Selling the Constitution—Ratification
A. Federalists and the Federalist Papers, argued in favor of ratification.
1. Federalist No. 10—Madison argued that the purpose of the Constitution was to “break
and control the violence of faction.”
2. Federalist No. 51—Madison argued that separation of powers and checks and balances
would control tyranny
B. Opponents were called Antifederalists
1. Lack of guarantee of individual liberties
2. Bill of Rights
I. The Basic Principles
•
A.
B.
C.
D.
E.
F.
G.
H.
An Outline of the Constitution
• Preamble: introduces the document
• States the reason for writing it (“to form a more perfect Union”)
• Defines the expectations of the new gov’t
• Article I: Legislative Branch
• Article II: Executive Branch
• Article III: Judicial Branch
• Article IV: Relationships of States & Nat’l gov’t
• Article V: Amendment process
• Article VI: Supremacy Clause, Nat’l debt, oaths
• Article VII: Ratification process
Principles are rules the gov’t must follow
Five basic principles outlined:
1. Limited government
2. Federalism
3. Popular sovereignty
4. Separation of powers
5. Checks & balances
Limited government
1. Foundations in the Magna Carta
2. Restricts powers of gov’t
3. Guarantees individual rights
Federalism
1. Pwr divided at Fed, State, (local levels)
2. Separate & shared authority
Popular Sovereignty
1. Authority comes from the people
2. Introduced in the Preamble
3. Confirmed by electoral process
Separation of power
1. Divides levels in 3 branches
2. Each branch has different powers
3. No branch has too much power (theoretically)
Checks & balances
1. Each branch restrains the power of the other two
2. Inhibits on branch from becoming too powerful
3. Requires cooperation for government to function well
Judicial Review
1. Considered by some to be a sixth principle of Constitution
2. Not found in Constitution; Marbury v. Madison
3. Requires cooperation for government to function well
II. Amending the Constitution
A. Article V: plan for formal change
B. Meets future needs & challenges
C. Formal process
1. Harder to change
2. Represents a real issue, not a passing interest
3. Gives voice to new generations
D. Methods of amendment
1. Two ways to propose
a. Proposed by a vote in Congress
i.
Requires 2/3 vote of each House to send to states
b. Proposed by nat’l convention
i.
has never happened
ii.
fear of opening up the whole Constitution to revision
2. Two ways to ratify
a. Sent to state legislatures
i.
Requires 3/4 of all states to become part of the Constitution
b. Special conventions in at least 3/4 of states
i.
only happened once
ii.
21st Amendment
• Article V. The Amendment Process
E. The 27 Amendments
1. Bill of Rights
a. First 10 Amendments
b. Ratified in 1791
c. Guarantee individual freedoms
d. 9th Amendment = individual rights not listed are the protected
e. 10th Amendment = powers not listed are states’ or people’s
2. Voting & Other rights
a. 13th, 14th, & 15th Amendments = slavery, citizenship & voting / AA
b. 17th = popular election of Senate
c. 19th = female vote
d. 26th = 18 yr old vote
e. 27th = originally proposed in 1789; ratified in 1992 = cong. pay raises
III. Informal change
A. The Constitution has changed in ways other than formal amendment
B. the idea of the “Living Constitution”
C. Informal ways to change the Constitution:
1. Congressional action – passage of laws
2. Presidential action – executive orders & agreements
3. Decisions of the courts (esp. Supreme Court)
4. Activities of political parties
5. Custom