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Learning Goal
• Discuss the philosophical underpinnings of the
U.S. Constitution.
Main Points
• The weaknesses of the Articles of
Confederation led to the adoption of a
new form of government
• Federalism becomes the issue of
contention
• Influences come from England’s system and
the Enlightenment
• Delegates convene in Philadelphia
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The Articles of Confederation
• Adopted 1777
• State legislatures decide how to select
delegates to Congress
• Each state has one vote
• No real president or executive branch to check
Congress
• Congress has power to declare war, manage
foreign affairs
Challenges with the Articles
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Settling national debt
Paper money controversy
Payment of soldiers
Shay’s Rebellion (1786‐1787)
Pirates of North Africa
Enforcing Treaty of Paris (on British and states)
Western lands and the Northwest Ordinance
(1787)
Weaknesses of the Articles
• Congress has no power to tax, must beg states
• Cannot control supply of money, states print own
• No power to maintain a standing army – at mercy
of state militias
• Need nine votes out of 13 to accomplish anything
(one state, one vote)
• Need unanimous vote of all 13 states to amend
Articles (so as to allow taxation, for example)
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Constitutional Convention
• The problems that existed under
the Articles of Confederation led
twelve states to send delegates to
Philadelphia in 1787.
Constitutional Convention
• The delegates were
only supposed to
revise the Articles of
Confederation, not
write a new
constitution.
• George Washington
was the leader.
Origins of the Convention
• Annapolis Convention, 1786—calls for
convention on trade and commerce to amend
• Articles of Confederation
• Philadelphia, 1787—55 delegates from 12
states (no Rhode Island) meet for
Constitutional Convention
• Iroquois confederation provides example for
combining independent nations into a larger
government (Franklin  Stamp Act Assembly)
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Constitutional Convention
• Definition of Government
– The body given the authority to carry out binding
decisions for a community.
• Powers of Government
– Legislative power to make laws
– Executive power to carry out laws.
– Judicial power to apply the laws to specific
situations
Constitutional Convention
• Republican Government
– The first Americans had many types of
government to choose from.
• Monarchy
• Constitutional monarchy
• Republic
– The colonists chose a democratic republic.
• Rule by popularly elected representatives.
• Power rests with the people
Influences
• The influence of historic documents.
– Magna Carta – limits the power of English Kings;
grants some rights to nobles only.
– Due process – Clause 39 (under John, 29 Edward)
"No free man shall be seized or imprisoned, or stripped
of his rights or possessions, or outlawed or exiled, or
deprived of his standing in any other way, nor will we
proceed with force against him, or send others to do
so, except by the lawful judgment of his equals or by
the law of the land.“
5th and 14th amendments
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Influences
• English Bill of Rights – provides
rights to all English citizens.
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Freedom of speech
Right to petition
Right to arms
No cruel or unusual punishment
No excessive bail
Free elections
Founding Ideals
• Declaration of Independence
proclaims that that US is
independent from Great
Britain; states that all men
are created equal.
1. Equality
2. Rights
3. Liberty
4. Opportunity
5. Democracy
Principles
• Fundamental Principles of
the Constitution
– The Constitution provided
a strong national
government.
– Federalism created a
separation of power
between states and the
national government.
– A system of checks and
balances assured that no
one branch of government
would become too strong
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5. The Council of the Mohawk shall be divided into three parties
as follows: Tekarihoken, Ayonhwhathah and Shadekariwade are
the first party; Sharenhowaneh, Deyoenhegwenh and
Oghrenghrehgowah are the second party, and Dehennakrineh,
Aghstawenserenthah and Shoskoharowaneh are the third party.
The third party is to listen only to the discussion of the first and
second parties and if an error is made or the proceeding is
irregular they are to call attention to it, and when the case is
right and properly decided by the two parties they shall confirm
the decision of the two parties and refer the case to the Seneca
Lords for their decision. When the Seneca Lords have decided in
accord with the Mohawk Lords, the case or question shall be
referred to the Cayuga and Oneida Lords on the opposite side of
the house.
Source: The Constitution of the Iroquois Nations
What Constitutional principle does this passage reflect?
Principles
• Protection of Individual
Liberties
– During the ratification
process, many people
objected to the
constitution’s lack of a
bill of rights to protect
individuals.
– The first Congress
added a Bill of Rights to
the Constitution by
adding the first 10
Amendments.
Voltaire
Freedom of thought and
expression
• Fights for tolerance
• Influenced U.S. Bill of
Rights and French
Declaration of the Rights of
Man and Citizen
• European monarchs reduce
or eliminate censorship
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Montesquieu
Separation of Powers
“Power should be a check to
power.”
• France, United States, and
Latin American nations use
separation of powers in new
constitutions
Beccaria
Abolishment of Torture
• Believed law was to
preserve social order, not
avenge crimes
• Influenced law reformers in
Europe and North America
• Influence present in U.S. Bill
of Rights
Drafting the Constitution
• Members of the constitutional convention
decided to abandon the Articles of
Confederation.
• Delegates believed a stronger national
government was needed.
• Compromises were made to settle
differences.
– Number of representatives in the House & Senate
– How slaves were counted
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Learning Goal
• Understand the major compromises through
the creation of the U.S. Constitution.
Compromising
• Virginia Plan:
Proportional
representation,
president selected
by legislature
• New Jersey Plan:
One state, one vote
(like Articles of
Confederation)
Working with a partner, make a plan that
satisfies both points of view.
Great Compromise
• Compromise: House of Representatives
elected proportionally by the people, two
senators selected by each state legislature.
President selected by Electoral College
• Slavery: Southerners want to continue slave
trade, count slaves when allocating seats in
legislature. Northerners opposed.
• Compromise: Slave trade may continue for 20
years, slaves counted as 3/5 of a person
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Expanding, Limiting Power
• Legislative branch
– Simple majority needed to pass laws—much less than Articles of
Confederation
– Congress gets power to tax, control money supply
– Congress may raise army, declare war
• Executive branch
– President commander in chief of armed forces
– President selected by electors voted for by the people (not by
Congress)
– President has power to veto laws passed by Congress
– President appoints judges
– Senate confirms judges
• Judicial branch
– Marbury v. Madison (1803) establishes judicial review—Supreme
Court may strike down unconstitutional laws
Ratification of the Constitution
• For the Constitution to
become law, nine of
the thirteen states
would have to ratify it.
• People around the
country debated the
issue.
Ratification of the Constitution
• Alexander Hamilton, James
Madison, and John Jay wrote a
series of essays supporting the
new Constitution.
– The essays, published in
newspapers, became known as
the Federalist Papers.
– People who didn’t like the new
constitution wrote essays that
became known as the Antifederalist Papers.
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Ratification of the Constitution
• By the end of 1788, twelve
states had voted to ratify
the constitution.
• The new Constitution
went into effect in early
1789.
Summary
• Used ideas of Locke, Montesquieu, Rousseau and
Voltaire
• Created a Federal Republic
– Power is divided between the national, or federal
government, and the states (federalism)
• Separation of powers
• Bill of Rights added later
• Federalist Papers – Writing campaign to convince
American citizens to ratify the new Constitution
• First President: George Washington.
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