Constitution Convention of 1787

1. Constitution Convention of 1787 A fundamental mistake of the Americans has been, that they consideredthe revolution as completed, when it was but just begun. Havingraised the pillars of the building, they ceased to exert themselves, andseemed to forget that the whole superstructure was then to be erected. Noah Webster 1790

2. Who were the delegates? • 55 delegates from 12 states (Rhode Island refused to show) • They were highly educated and some of the best known names in American history: Washington, Madison, Franklin, Pinkney, Hamilton • Products of the Enlightenment, but shrewd politicians • A unique assembly of men at any one time

3. George Washington Paying my respects to the father of the Constitution 3 did not sign

4. The Convention • Framers met on May 25th-September 17th 1787 • Worked in secret to protect themselves from outside pressure • Washington designated President of the Convention

5. What is the Constitution? • 1. Unique/Necessary • No true precedent for a written constitution • Legitimate authority derived from the people • Articles too weak to work-”What a triumph for our enemies to find that we are incapable of governing ourselves.” -G. Washington • No national identity

6. What is the Constitution? • 2. Boring, but rational • No Declaration of Independence • An instrument of action • Full of precautions • Vague-necessary and proper, high crimes and misdemeanors, others • 3. Blueprint for Federal Government • 4,000 words, provided a framework for government while leaving the “brushstrokes and detail” to later generations • 7 Articles • Preamble-Purpose of government • Power Map-Articles I, II, III • Relationship with States-Article IV • Amendments-Article V • National Supremacy-VI • Ratification-VII

7. What is the Constitution? • 4. Bundle of Compromises • How shall representation be decided in government? (Great Compromise) • How much authority shall the federal government have? (Article Section 8, 9) • What will protect people and the government from other branches? (checks and balances) • Shall Congress have the power to regulate commerce and how? (can tax imports, but not exports, and can regulate interstate trade) • How should states be formed in the frontier? • How can Constitution be changed? • What will we do about slavery? (can’t interfere with slave trade until 1808) • How much democracy? (House directly elected, Senators chosen by states, President through Electoral College, judges by President and Senate) • How much political equality?

8. What is the Constitution? • 5. An experiment in government seen through several cases such as Marbury v. Madison, McCulloch v. Maryland, the Civil War (no Confederate was brought to trial for no one knew if the states had a right to secede. • 6. Conservative document achieved through liberal means. • Conservative because is protected property and provided stability, social classes didn’t change as a result of the Constitution • Liberal because it attempts to achieve status quo and equality through checks and balances, separation of powers, elastic clause

9. What is the Constitution? • 7. Supreme law of the land as established through Article VI- “This Constitution…shall be the supreme Law of the Land” • 8. Generational: a flexible document that can not be changed on a whim, but contains ambiguous phrases to allow for simple changes • 9. Store of values discussing ideas such as representation, no factions, limited government • 10. Imperfect because it does not end slavery, no Bill of Rights, vague phrases,

10. Article I-the legislative branch • Congress has 2 houses or is bicameral • House of Representatives chosen every two years by people and proportional to state population (435) • Senators chosen every 6 years by state legislatures (until 1913) with 2 per state (100) • The House represents the people, all revenue bills start here; the Senate represents states, all treaties and presidential appointments approved by them • All laws must pass both chambers before sent to president Article I, Section 8 lists the enumerated powers of government, but Section 8 also contains the elastic clause or necessary and proper clause allowing the government to grow over time

11. Article I-the legislative branch • Section 9-Powes Denied to Congress • Suspending Writs of Habeas Corpus • No Bills of Attainder or Ex post facto laws passed • No money spent without an appropriations law • Section 10-Powers Denied to States • Enter a Treaty, Coin Money, pass Bills of Attainder • Raise an army or navy • Tax Imports or Exports

12. Article II-the executive branch • The President serves a 4 year term and is chosen through the Electoral College, not the people at large • The president has power, but how much is open to interpretation • His primary job is to enforce the laws, which today is a vast bureaucracy of over 2 million people

13. Article III-the judicial branch • Shortest of the articles and vaguest • Judges serve life terms, but must be appointed by the President and approved by the Senate • Designed to interpret the Constitution and determine what powers belong to the federal government and state governments

14. Article V-Amending the Constitution A complicated procedure, but doable: the process allows for necessary changes to be made, but not easily (only 27 amendments, 10,000 proposed)

15. Principles of the Constitution • 1. Popular sovereignty: The people are the source of the government’s power, although indirectly. The government acts in response to the what the people want. • 2. Federalism: the power of the government is divided between the national and state governments (this will be examined later). This idea is important because it allows the US to be united (which the Articles did not provide) and give the states the ability to govern themselves according to their needs. In other words, the states handle the small things, the federal government deals with the big picture.

16. Principles of the Constitution • 3. Separation of powers: Each of the 3 branches of government has its own responsibilities in order to prevent not only tyranny, but also the growth of factions, limiting pluralism (political parties).

17. Principles of the Constitution • 4. Checks and balances: Each branch of government holds some type of control over the other branch

18. Principles of the Constitution • 5. Judicial Review: The power of the courts to determine what laws are constitutional or not. In the case of Marbury v. Madison (1803), the Supreme Court determined that Article III gives them the power to decide “what the law is”. This opinion can only change if Court membership changes or an amendment is passed.

19. Principles of the Constitution • 6. Limited government: the Constitution limits the powers of government by only giving it certain authority.