7.4 HISTORICAL DEVELOPMENT OF
THE US CONSTITUTION
Social Contract … Hobbes vs.
Locke
Democracy…Winston Churchill:
ARTICLES OF CONFEDERATION
http://www.youtube.com/watch?v=b
O7FQsCcbD8
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Articles of Confederation
00:00 – 04:24
Articles of Confederation
• These rules did not work well for the
following reasons:
– Congress could not collect taxes.
– Congress could not control interstate or foreign
trade.
– There was no national court system to settle
disputes.
• The thirteen separate states lacked national
unity
Britain refused to send an ambassador
to the new country
“If we send one, we’ll
have to send thirteen!”
Foreign problems…
• West Indies officially closed to US trade
– Smuggling anyway
• British … along northern frontier
– keep trading posts on US soil
– Scheme with Indians against the US
• Spain unfriendly
– 1784 closed port of New Orleans to US commerce
– Schemed with natives against Americans
• France demands loan repayment & restricted trade
• Pirates are too much for infant US navy
Domestic problems…
• Trade was our lifeblood … cut off
• Massive debt could not be repaid – Congress
could not levy taxes and some states refused to
pay
• Our credit dissolves abroad
• States argue over boundaries
• States put tariffs on imports from other states
• States print money … inflation & bad for creditors
Revolution caused Huge damage
American economy
• Shipping target of Brits – merchants lost
privileges of trading in Europe
• Slaves desert to Brits in droves
• Collapse of currency – by 1782 440 mill paper
money worthless
• Inflation 77-80 prices in some regions went up
1900% to 5000%
• Per capita income fell 46% 1774-1790 (equiv
of Great Depression 1929!)
Rebellions!
• Economic misery across the nation
• 1786 uprising in MA
– “Shay’s Rebellion”
– Daniel Shays group demanded
• That MA print paper money
• Lighten taxes
• Stop property takeovers (foreclosures)
– MA responds
• small army – put down rebellion
• Passed debtor relief laws
“Mobocracy”??
• Propertied classes worry
• Too much democracy?
• Economy was improving by 1789 as trade
improved…
• Would civic virtue be enough to hold off selfinterest and greed?
Control of Trade Sets it in Motion
• 1786 – Annapolis Convention
– Failed b/c too few sent delegates
– Alexander Hamilton: let’s call on Congress to
revise the Articles
• 1787 – Congress authorizes convention “for
the sole and express purpose of revising” the
Articles of Confederation
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O7FQsCcbD8
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Overview of Constitutional Convention
4:25-6:08
CONSTITUTIONAL CONVENTION
James Madison
• “Father of the
Constitution”
• Idea: pit self-interest
against self-interest for
the good.
Constitutional Convention
• 1787 - write a new
constitution.
• government was not strong
enough and the individual
states had too much power
• Constitutional Convention
in 1789
Constitutional Convention
• Great Compromise
solved the problem
about representation in
Congress.
• The Great Compromise
created a legislature of
two houses.
Constitutional Convention
• Census = count all
people in the country
• Three-Fifths
Compromise.
– Are slaves people?
The Constitution
•
The Constitution is the
supreme law of the land
Preamble
• The introduction to the Constitution is called
the Preamble.
• The Preamble begins with the phrase “We
the people…”
• This means that the government is based on
the consent of the people.
Preamble
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.
Schoolhouse Rock - Constitution
The House of Representatives
• States with the largest populations have the
most representatives in the House.
• House members must be at least 25 years old
or older to serve.
• House members are elected to a two year
term.
• There are 435 members in the House of
Representatives.
The Senate
• The Senate is the other part of the Congress
• There are two senators for each state, which
means of course there are 100 Senators.
• Senators must be at least 30 years old.
• Senators are elected to a six year term.
The Executive Branch
• The executive branch is headed by the
president.
• The president is the commander-in-chief of
the armed forces.
The President
•
•
•
•
The president is elected to a four year term.
The president can only serve two terms.
The president must be a citizen by birth
The president must be at least 35 years old.
The Judicial Branch
• The Judicial Branch of the federal government
is headed by the Supreme Court.
• Supreme Court justices are nominated by the
president and approved by the Senate.
• There are 9 Supreme Court justices, who are
appointed for life.
Federalism
• People called
federalists believe the
central government
should be more
powerful than the state
governments. Antifederalists believe the
opposite.
• Federalists felt that the
most power should be
given to well-educated,
wealthy men.
James Madison
Alexander Hamilton
John Jay
Thomas Jefferson
Patrick Henry
Cato’s Letters
Brutus
Centinel
Federal Farmer
Issue
Anti-Federalists Fear Federalists Response
The
The biggest threat to The largest threats to the people
Biggest
the people is the
is having a small government in
threat
tyranny of the
which those in the minority
to
government. If a
will never have power. If there
The
government is too
is a large government the
people
big, it will have
diverse populations will ensure
too much power,
that a small group of people, a
and consolidate,
dangerous minority with
eventually leading
radical ideas does not gain
to the government
power.
being ruled by a
powerful elite
Issue
Protection
of
Individual
Rights
Anti-Federalists Fear
Federalists Response
The rights guaranteed to The checks and balances are
the people should be
enough to keep the
included in the
government from taking
Constitution or else
the rights of the people
they are not
away.
guaranteed
Issue
Representation
Anti-Federalists Fear
Federalists
Response
The government should The federal
be run by
government
representatives that are
should be run by
very similar to those
well educated
who they are
and experienced
representing. This new
men, the elite.
government will
These are the
encourage only the
men that are best
well educated elite to
educated and will
be representatives who
be able to make
are using this as an
the best
opportunity to gain
decisions.
power
Issue
Anti-Federalists Fear
Federalists Response
People will
A free government
The central government
not hold
requires the active
created cannot take
government
support of the
the rights of the
accountable
people. The new
people because of the
government would be
many checks and
so large that people
balances in the
would not be involved
Constitution
in government,
leading eventually to
the government
taking too much
power.
Anti-Federalists Fear
Federalists Response
Issue
Power given to The limits of the
The checks and balances
the federal
power given to the
in the Constitution
government
federal government
will be effective in
are not clear and
restraining the power
will result in the
of the federal
president becoming
government. The
a monarch. More
president does not
limits should be
have the power to
made through a
make laws, so he/she
cannot become a
Bill of Rights.
monarch
Take a moment and reflect….
• Do the Anti-Federalists care more about
protecting individual rights or promoting the
common good?
• Do the Federalists care more about protecting
individual rights or promoting the common
good?
Individual Rights
• The Anti-Federalists were more
concerned with protecting the rights of
the individual people and states, then
promoting the pubic good as a whole.
Common Good
• The Federalists were more concerned
with promoting the common good of
everyone then protecting individual rights
Quote #1:
• “All communities divide themselves into the few
and the many. The first are the rich and well
born; the other, the mass of people…. The
people are turbulent and changing; they seldom
judge or determine right. Give therefore the first
class a ….permanent share in the
government….they therefore will ever maintain
good government.”
• Who said it? _______________________
Quote #1
FEDERALISTS
Quote #2:
• “It must be by this time evident to all
men…that (the Articles of Confederation) is a
system so radically vicious and unsound as to
admit….an entire change.”
• Who said it? _______________________
Quote #2
FEDERALISTS
Quote #3:
• “Our country is too large to have all affairs
directed by a single government.”
• Who said it? _______________________
Quote #3
ANTI-FEDERALISTS
Quote #4:
• “I consider the foundation of the Constitution as laid on
this ground – that all powers not delegate (given) to the
United States by the Constitution, nor prohibited by it
to the states, are reserved to the states, or to the
people….”
• Who said it? _______________________
Quote # 4
ANTI-FEDERALIST
Quote #5:
• “The powers contained in the
constitution….ought to be construed liberally
in advancement of the public good.”
• Who said it? _______________________
Quote # 5
FEDERALISTS
Quote #6:
• “I am not among those who fear the people.
They, not the rich, are our dependence for
continued freedom.”
• Who said it? _______________________
Quote #6
ANTI-FEDERALISTS
Quote #7:
• "I had rather be a free citizen of the small
republic of Massachusetts, than an
oppressed subject of the great American
empire."
• Who said it? _______________________
Quote #7
ANTI-FEDERALISTS
Quote #8:
• "I had rather be a free citizen of the small
republic of Massachusetts, than an
oppressed subject of the great American
empire."
• Who said it? _______________________
Quote #8
ANTI-FEDERALISTS
Quote #9:
• “An elective [monarchy] was not the government
we fought for; but one in which the powers of
government should be so divided and balanced
among the several bodies of magistracy as that no
one could transcend their legal limits without being
effectually checked and restrained by the others.”
• Who said it? _______________________
Quote 9
FEDERALISTS
Quote #10:
• “When the government fears the people,
there is liberty. When the people fear the
government, there is tyranny.
• Who said it? _______________________
Quote #10
ANTI-FEDERALISTS
Quote #11:
• “… the power vested in congress of sending
troops for suppressing insurrections will
always enable them to stifle the first
struggles of freedom."
• Who said it? _______________________
Quote #11
ANTI-FEDERALISTS
Quote #12:
• “The small landowners are the most precious
part of the state.”
• Who said it? _______________________
Quote #12
ANTI-FEDERALISTS
Ratification of the Constitution
• amendment.
• The first 10 changes or
amendments to the
Constitution are called
the Bill of Rights.
• The Bill of Rights
guarantees Americans
freedoms
• Anti-federalists believe a
Bill of Rights is necessary
to guarantee our freedom
from a government that
might get too strong.
Amendment
• A change in the Constitution
• There have been 27 amendments to the
Constitution.
• The first 10 amendments are called the Bill of
Rights.
Federalism
• The power of government is also split
between the states and the federal
government.
• This is called Federalism.
• If the Constitution does not have a law, the
states can do what they want.
• State law cannot contradict federal law.
Dual Sovereignty
• Dual Sovereignty means that whatever the
federal government does not make a law
about, the states can act however they
choose.
• That is why there is different state laws
regarding the age of drinking alcohol, driving,
the death penalty, and many more.
FEDERALISM: BALANCING FEDERAL
AND STATE POWER