The US Constitution
The Need for a New Government
Articles of Confederation
 The Articles of Confederation was an agreement among all thirteen original
states in the United States of America that served as its first constitution.
 There was suspicion of a strong central government. The states remained
sovereign and independent, with Congress serving as the last resort on
appeals of disputes.
 Congress was given the authority to make treaties and alliances, maintain
armed forces and coin money. However, the central government lacked
the ability to levy taxes and regulate commerce. Instead, it was
dependent on the states for its funding.
 Attempts to amend the Articles to give Congress taxing power twice failed
(1781 & 1786). The weakness of the government created by the Articles
became a matter of concern for key nationalists.
What Do the Articles say?
1. "The stile of this confederacy shall be 'The United States of America,‘”
2. Asserts the sovereignty of each state, except for the specific powers delegated to the confederation,
3. Explains the motivation of the states in uniting - enter into a firm league of friendship for their common
defense, the security of their liberties, and their mutual and general welfare,
4. Enumerates what the states hope will be among the benefits realized through this Union,
5. Allocates one vote in the Congress to each state, and establishes term limits,
6. Only the central government is allowed to conduct foreign relations and to declare war,
7. Colonels and military ranks below colonel will be named by the state legislatures,
8. Taxes raised only by state legislatures, and apportioned based on the real property values of each,
9. Grants to the Congress assembled the sole and exclusive right and power to determine peace and war,
10. Recess power - Committee of the States, or any nine states, is authorized to execute the powers of
Congress,
11. If Canada accedes to this confederation, it will be admitted,
12. Reaffirms that the Confederation accepts war debt incurred by Congress before the existence of the
Articles,
13. Declares that the Articles are perpetual, and can only be altered by amendment.
What is Wrong with the Articles?
 “No Money”
 Internationally, the Articles of Confederation did little to
enhance the United States' ability to defend its sovereignty
 Domestically, the Articles of Confederation was failing to
bring unity to the diverse sentiments and interests of the
various states
 James Madison angrily questioned whether the Articles of
Confederation was a binding compact or even a viable
government
 Congress was paralyzed
Drafting a New Constitution
 On February 21, 1787, the Confederation Congress called a
convention of state delegates at Philadelphia to propose a
plan of government.
 The delegates were generally convinced that an effective
central government with a wide range of enforceable
powers must replace the weaker Congress established by the
Articles of Confederation.
 The high quality of the delegates to the convention was
remarkable. As Thomas Jefferson in Paris wrote to John
Adams in London, "It really is an assembly of demigods."
 The Framers embraced ambiguity in the constitutional text,
since it allows for compromise and cooperation about broad
concepts rather than specific circumstances.
Two Streams of Intellectual Tradition
 The Virginia Plan recommended a consolidated national
government, generally favoring the most highly
populated states. It used the philosophy of John Locke
to rely on consent of the governed, Montesquieu for
divided government, and Edward Coke to emphasize
civil liberties.
 The New Jersey Plan generally favored the lesspopulated states, using the philosophy of English Whigs
such as Edmund Burke to rely on received procedure
and William Blackstone to emphasize sovereignty of the
legislature.
The Great Compromise
 Two issues were to be decided: how the votes were to be
allocated among the states in the Congress, and how the
representatives should be elected.
 In the House, state power was to be based on population and
the people would vote.
 In the Senate, state power was to be based on state legislature
election, with two Senators to be elected by their respective
state legislatures.
 The Great Compromise ended the stalemate, leading to
numerous other compromises - the Three-Fifths Compromise;
reconciliation on Presidential term, powers, and method of
selection; and jurisdiction of the federal judiciary.
Philosophical Influences
 The Due Process Clause of the Constitution was partly based on common law
and on Magna Carta (1215), which had become a foundation of English liberty
against arbitrary power wielded by a ruler.
 Edward Coke interpreted and William Blackstone communicated Magna Carta
protections and rights to apply not just to nobles, but to all British subjects.
 John Locke advanced the principle of consent of the governed and
advocated a social contract to protect basic rights - life, liberty and property.
 Montesquieu emphasized the need for balanced forces pushing against each
other to prevent tyranny, and argued that the separation of powers should be
legislative, executive and judicial.
 The Dutch Revolution was a model for republicanism.
 The Constitution was a federal one, and was influenced by the study of other
federations.
 The United States Bill of Rights consists of 10 amendments added to the
Constitution in 1791. The English Bill of Rights (1689) was an inspiration for the
American Bill of Rights. Both require jury trials, contain a right to keep and bear
arms, prohibit excessive bail and forbid "cruel and unusual punishments".
Creation and Ratification
 Created - September 17, 1787
 The Constitution was
forwarded to the states by
Congress recommending the
ratification process outlined in
the Constitution.
 Each state legislature was to
call elections for a "Federal
Convention" to ratify the
Constitution.
 Debates ensued
 Eleven ratified in 1787 or 1788,
and all thirteen had done so
by 1790.
The Federalists
 The supporters of the proposed Constitution called themselves "Federalists." Their adopted
name implied a commitment to a loose, decentralized system of government. In many
respects "federalism" — which implies a strong central government — was the opposite of
the proposed plan that they supported. A more accurate name for the supporters of the
Constitution would have been "nationalists.“
 The Federalist Papers is a collection of 85 articles and essays written (under the pseudonym
Publius) by Alexander Hamilton, James Madison, and John Jay promoting the ratification
of the United States Constitution.
 Federalist No. 10 discusses the means of preventing rule by majority faction and advocates a
large, commercial republic
 Federalist No. 14 declares the US appropriate for an extended republic, and concludes with
a memorable defense of the constitutional and political creativity of the Federal Convention
 Federalist No. 84 makes the case that there is no need to amend the Constitution by adding
a Bill of Rights
 Federalist No. 78 lays the groundwork for the doctrine of judicial review by federal courts of
federal legislation or executive acts
 Federalist No. 70 presents the case for a one-man chief executive
 Federalist No. 39 presents the clearest exposition of what has come to be called "Federalism"
 Federalist No. 51 distills arguments for checks and balances
 Federalist No. 45 argues for a strong central government
The Anti-Federalists
 a movement that opposed the ratification of the 1787 Constitution
 Anti-Federalist Papers – name given to uncoordinated publication of essays
opposed to the ratification of the 1787 Constitution, major authors include
Cato (George Clinton), Brutus (Robert Yates), Centinel (Samuel Bryan), and
the Federal Farmer (Melancton Smith, Richard Henry Lee, or Mercy Otis
Warren).
 Anti-Federalist No. 3 argues that the new Constitution creates a national
government and creates the dangers of Civil War And despotism
 Anti-Federalist No. 11 contends that unrestricted power over commerce should
not be given the national government
 Anti-Federalist No. 14 warns that the extent of territory under consolidated
government too large to preserve liberty or protect property
 Anti-Federalist No. 17 cautions that federalist power will ultimately subvert state
authority
 Anti-Federalist No. 35 contends that federal taxing power must be restrained
 Anti-Federalist No. 84 on the lack of a bill of rights
The Preamble
 serves as an introductory statement of the
document's fundamental purposes and
guiding principles; it sets out the origin,
scope and purpose of the Constitution; It
neither assigns powers to the federal
government, nor does it place specific
limitations on government action
 “We the People of the United States, in
Order to form a more perfect Union,
establish Justice, insure domestic Tranquility,
provide for the common defence, promote
the general Welfare, and secure the
Blessings of Liberty to ourselves and our
Posterity, do ordain and establish this
Constitution for the United States of
America.”
Article One
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Article One describes the Congress, the legislative branch of the federal government. Section 1,
reads, "All legislative powers herein granted shall be vested in a Congress of the United States,
which shall consist of a Senate and House of Representatives." The article establishes the manner
of election and the qualifications of members of each body.
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Article I, Section 8 enumerates the powers delegated to the legislature. Congress has the power
to:
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tax, borrow, pay debt and provide for the common defense and the general welfare;
regulate commerce, bankruptcies, and coin money;
regulate internal affairs;
provide for naturalization, standards of weights and measures, post offices and roads, and patents;
directly govern the federal district and cessions of land by the states for forts and arsenals;
define and punish piracies and offenses against the Law of Nations;
to declare war and make rules of war; and
To exercise “Necessary and Proper” incidental power
The Supreme Court has sometimes broadly interpreted the Commerce Clause and the Necessary
and Proper Clause to allow Congress to enact legislation that is neither expressly allowed by the
enumerated powers nor expressly denied in the limitations on Congress. In McCulloch v.
Maryland (1819), the Supreme Court read the Necessary and Proper Clause to permit the federal
government to take action that would "enable [it] to perform the high duties assigned to it [by
the Constitution] in the manner most beneficial to the people“, even if that action is not itself
within the enumerated powers.
Article Two
 Article Two describes the office of the President of the United States. The
President is head of the executive branch of the federal government, as
well as the nation's head of state and head of government. The inaugural
oath is specified to preserve, protect and defend the Constitution.
 The president is the Commander in Chief of the United States Armed Forces
and state militias when they are mobilized. He makes treaties with the
advice and consent of a two-thirds of the Senate. The president is to see
that the laws are faithfully executed. The president reports to Congress on
the State of the Union.
 Section 4 provides for removal of the president and other federal officers.
The president is removed on impeachment for, and conviction of, treason,
bribery, or other high crimes and misdemeanors.
Article Three
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Article Three describes the court system. There shall be one court called the Supreme Court. The article
describes the kinds of cases the court takes as original jurisdiction. Article Three also protects the right to
trial by jury in all criminal cases, and defines the crime of treason.
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Section 1 vests the judicial power of the United States in federal courts, and with it, the authority to
interpret and apply the law to a particular case. Also included is the power to punish, sentence, and
direct future action to resolve conflicts.
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To enforce judicial decisions, the Constitution grants federal courts both criminal contempt and civil
contempt powers. Other implied powers include injunctive relief and the habeas corpus remedy.
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Clause 1 of Section 2 authorizes the federal courts to hear actual cases and controversies only.
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Clause 2 of Section 2 provides that the Supreme Court has original jurisdiction in cases involving
ambassadors, ministers and consuls; for all cases respecting foreign nation-states; in those controversies
which are subject to federal judicial power because at least one state is a party; cases arising under the
laws of the United States and its treaties; cases under international maritime law and conflicting land
grants of different states; cases between U.S. citizens in different states; and cases between U.S. citizens
and foreign states and their citizens.
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No part of the Constitution expressly authorizes judicial review, but the Framers did contemplate it.
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Section 3 bars Congress from changing or modifying Federal law on treason by simple majority statute.
Article Four
 Article Four outlines the relation between the states
and the relation between each state and the federal
government. The "privileges and immunities" clause
prohibits state governments from discriminating
against citizens of other states in favor of resident
citizens.
 It also establishes extradition between the states, as
well as laying down a legal basis for freedom of
movement and travel amongst the states. Article Four
also provides for the creation and admission of new
states. The fourth section of Article Four requires the
United States to guarantee to each state a
republican form of government, and to protect the
states from invasion and violence.
Article Five
 Article Five outlines the process for amending the Constitution
 It guards equally against that extreme facility which would render
the Constitution too mutable; and that extreme difficulty which
might perpetuate its discovered faults.
 There are two steps in the amendment process. First, there are two
procedures for adopting the language of a proposed amendment,
either by a) Congress, by two-thirds majority in both the Senate and
the House of Representatives, or b) national convention. Second,
there are two procedures for ratifying the proposed amendment,
which requires three-fourths of the states' approval: a) consent of
the state legislatures, or b) consent of state ratifying conventions.
The ratification method is chosen by Congress for each
amendment.
Article Six
 Article Six establishes the Constitution, and all federal laws and treaties of
the United States made according to it, to be the supreme law of the land,
and that "the judges in every state shall be bound thereby, any thing in the
laws or constitutions of any state notwithstanding."
 It validates national debt created under the Articles of Confederation and
requires that all federal and state legislators, officers, and judges take oaths
or affirmations to support the Constitution.
 This means that the states' constitutions and laws should not conflict with
the laws of the federal constitution and that in case of a conflict, state
judges are legally bound to honor the federal laws and constitution over
those of any state.
 Article Six also states "no religious Test shall ever be required as a
Qualification to any Office or public Trust under the United States."
Article Seven
 Article Seven describes the process for establishing the
proposed new frame of government.
 Anticipating that the influence of many state politicians
would be Antifederalist, delegates to the Philadelphia
Convention provided for ratification of the Constitution
by popularly elected ratifying conventions in each state.
 Suspecting that Rhode Island, at least, might not ratify,
delegates decided that the Constitution would go into
effect as soon as nine states (two-thirds rounded up)
ratified.
Ratified amendments
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Bill of Rights
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Safeguards of liberty (Amendments 1, 2, 3)
 Prohibits Congress from obstructing freedom of religion, freedom of speech, freedom of the press, freedom of assembly, and
right to petition. It guarantees an individual's right to petition the government for a redress of grievances.
 Protects the right of individuals to keep and bear arms
 Prohibits the federal government from forcing individuals to provide lodging to soldiers in their homes during peacetime
without their consent.
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Safeguards of justice (Amendments 4, 5, 6, 7, 8)
 Protects people against unreasonable searches and seizures
 Due process, double jeopardy, "just compensation“ for eminent domain
 Protections and rights to an individual accused of a crime
 Right to a jury trial in federal civil cases, judges cannot overturn jury’s finding of fact
 Limits on bail and fines, cruel and unusual punishment prohibited
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Unenumerated rights and reserved powers (Amendments 9, 10)
 declares that individuals have other fundamental rights, in addition to those stated in the Constitution
 the federal government has only those powers specifically granted by the Constitution (e.g., family relations, commerce that
occurs within a state's own borders, and local law enforcement activities)
Ratified amendments
 Governmental authority (Amendments 11, 16, 18, 21)
 Extends state sovereign immunity
 Permits progressive income tax
 Prohibits alcoholic beverages
 Repeals prohibition against alcoholic beverages
 Safeguards of civil rights (Amendments 13, 14, 15, 19, 23, 24, 26)
 abolished slavery and involuntary servitude
 Granted US citizenship to former slaves
 prohibits the use of race, color, or previous condition of servitude in determining which
citizens may vote
 Prohibits US government from denying women right to vote
 extends the right to vote in presidential elections to citizens residing in the District of
Columbia
 prohibits a poll tax for voting
 Extends vote to 18 year olds
Ratified amendments
 Government processes and procedures (Amendments
12, 17, 20, 22, 25, 27)
 modifies the way the Electoral College chooses the President
and Vice President
 modifies the way senators are elected
 changes the date on which a new President, Vice President and
Congress take office
 limits an elected president to two terms in office
 clarifies presidential succession
 prevents members of Congress from granting themselves pay
raises during the current session
Unratified amendments
 The Congressional Apportionment Amendment (proposed 1789) would, if
ratified, establish a formula for determining the appropriate size of the House of
Representatives and the appropriate apportionment of representatives.
 The Titles of Nobility Amendment (proposed 1810) would, if ratified, strip United
States citizenship from any citizen who accepted a title of nobility from a foreign
country.
 The Corwin Amendment (proposed 1861) would, if ratified, shield "domestic
institutions" of the states from the constitutional amendment process and from
abolition or interference by Congress.
 The Child Labor Amendment (proposed 1924) would, if ratified, specifically
authorize Congress to limit, regulate and prohibit labor of persons less than 18
years of age.
 The Equal Rights Amendment (proposed 1972) would have prohibited
discrimination by the federal or state governments on account of sex.
 The District of Columbia Voting Rights Amendment (proposed 1978) would have
granted the District of Columbia full representation in the United States
Congress.