Chapter 3 Notes

Constitutional Convention

• _{May 1787- Delegates from each state (except Rhode}

Island) converged on Philadelphia for a convention to address the problems within the Articles of

Confederation.

• _{Focus: Addressed the structure of the}

National/Federal/Central Government.

• _{12 of 13 states sent delegates. Why not Rhode Island?}

• _{Who were these delegates?} • _{Who led the convention?}

• _{Quickly realized that the Confederation had to be}

Operating Procedures

• _{1. Decisions made by majority of votes (Each}

state was given one vote)

• _{2. Agreed to keep discussions secret. Why?}

• _{Public’s Opinion (?)} • _{Perpetual Contract (?)}

• _{Problem: No records were kept}

• _{How do we know what happened?}

Conflict 1: Structure of Central

Government

• _{Why was there bound to be conflict between the}

states when it came to determining who had power?

• _{What was the structure of the central}

government under the Articles of Confederation?

• _{What are some of the problems with this basic}

Best Structure: Separation of

Powers

• _{Baron Charles de Montesquieu (The Spirit of the Laws)} • _{Montesquieu’s Tripartite System: power should be}

divided between a legislature, an executive, and a judiciary.

• _{No one or one group should have complete power.} • _{If power corrupts, how can one limit corruption?}

• _{If you limit specific powers (the power to tax, the power}

to declare war….), how can the government operate in order to meet its four primary functions?

• _{The government must retain all necessary powers}

Virginia Plan

• _{1. Three Branches: Legislative (create laws), Executive}

Branch (enforce laws), and Judicial (interpret and apply laws).

• _{2. Legislature is divided into two parts (bicameral).}

Why?

• _{3. Representation was based on population (more}

population, more delegates in legislature)

New Jersey Plan

• _{1. Three Branches: Legislative, Executive, and}

Judicial

• _{2. Legislature is one house (unicameral)}

• _{3. Each state gets one vote to represent them in}

legislature.

The Great Compromise (Roger

Sherman of Connecticut)

• _{1. Three Branches: Which branches?}

• _{2. Legislature is bicameral: The House of}

Representatives (The House!) and the Senate

• _{3. Senate: Equal representation for each state =}

two reps per state

• _{4. House of Representatives: Based on}

population

• _{How does this ensure more just/fair laws and}

Conflict 2: Economics and

Representation

• _{What was the economy of the southern states?} • _{What was the main source of labor in the}

southern economy?

• _{In the House of Representatives, how is}

representation determined?

3/5

Compromise

• _{Southern states wanted to count the slave}

population in order to help determine the total population.

• _{Northern states argued that since slaves were}

treated as property, they should not be counted in the population.

• _{Solution: Representation and direct taxes on}

slaves would be based on three/fifths of the slave population.

Conflict #3: Choosing the

Executive

• _Options:

• _{Popular Vote:}

• _{Gave too much power to the north (urban v. rural power).} • _{Smaller states needs aren’t met.}

• Didn’t trust the population • _Legislature:

• _{“Fear of Intrigue”- The president being chosen by a small} group of men who met regularly (pre-social networks). Closed door deals.

• _{The President would be bound to the legislature and not} the people.

Electoral College

• _{A college is an organized group with a particular aim}

or purpose.

• _{Each state will be given a number of “electors”}

based off the number of their members of congress (two senators and all members of the House)

• _{Each state legislature will choose how the electors}

are chosen.

• _{Electors are pledged to a specific presidential/vice}

presidential candidate. The state popular vote determines which electors get to cast a vote.

• _{Majority of electoral votes determines the}

Electoral College

• _{There are a total of 538 electoral votes (100 senators +}

435 reps + 3 DC electors).

• _{How many votes are required to win (majority rule)?}

• _{Madison (Federalist No. 39) Mixture of state-based}

and population-based government.

• _Problems:

• _{Popular vote does not confirm winner (not democratic)} • _{Swing states draw too much attention}

Ratification - Federalists

• _{Each state would create a ratifying convention to vote yes}

or no => 9 of 13 states required => if so, Constitution becomes the “Supreme Law of the Land.”

• _{Federalists: Supporters of the U.S. Constitution}

• _{Federalism= A form of government in which power is divided}

between the federal (national) government and the state governments.

• _{The Federalists main arguments for a strong central}

government survive through a series of essays called The Federalist Papers written by James Madison, Alexander Hamilton, and John Jay.

• _{Feared a strong central government, but feared a weak}

Anti-Federalists

• _{Anti-Federalists = Opposed the ratification of the}

U.S. Constitution

• _{Too much power to the national government}

(indirect government)

• _{Too little power to the states (direct government)} • _{Assault on state sovereignty}

• _{Absence of a Bill of Rights = failed to provide the}

proper protection from the national government

Agreement

• _{Federalists agreed to add a bill of rights after}

ratification.

•

Ratification-• _{June 21, 1788, New Hampshire was the 9}th _{state to}

ratify the Constitution => thus, creating the government of the United States of America

• _{The last state, Rhode Island, ratified the}

The Federalist Papers

• _{The Federalist Papers were written as a series of}

articles supporting the ratification of the Constitution.

• _{Written by Alexander Hamilton, John Jay, and James}

Madison under the pen name “Publius” (one of 4 to overthrow the Roman monarchy and establish the Republic).

• _{They were written to the people of New York. Why?} • _{Today, the Federalist Papers are used as one of the}

Assignment:

The Federalist

No. 10

• _{Written by James Madison}

• _{Focus: how the new republic can best protect}

Structure of the U.S.

Constitution

• _{“It’s a plan, but not a straightjacket, flexible and short.”} – Harry S. Truman

• _{~4540 words}

• _{All legitimate authority (power) is derived from the U.S.} Constitution.

• _{Federal Government: The Branches}

• _{State Government => defines local power}

• Those governments cannot deviate outside of their powers defined in the U.S. Constitution

Basic Structure of the U.S.

Constitution

• _Structure:

• _{Preamble- Goals and purpose of the document} • _{The Articles- Powers distributed to the Branches} • _{The Amendments- Changes made over time}

The Articles

•

₇

Articles-•

_{Article 1: Legislative Branch}

• _{The power to create legislation (statutes/laws)} • _{Traditionally, the most powerful branch}

•

_{Article 2: Executive Branch}

• _{The power to enforce (carryout) the laws created}

by Congress

•

_{Article 3: Judicial Branch}

The Articles (continued)

• _{Article 4: Relationship of the state governments to one}

another and to the Federal government. • _{Full Faith and Credit}

• _{How to make new states}

• _{States must follow the Republic form of government}

• _{Article 5: Amendment Process}

• _{2/3rds of both Houses (only successful process)}

• _{National Convention (called on by 2/3rds of the states)} • Ratification of the Amendment is required by 3/4th _{of the}

states.

• _{Article 6: Supremacy Clause- Government is bound to the}

Constitution, but in conflicts of Federal government and state law, the Federal government is Supreme.

Amending the Constitution

• _{Essential to creating an enduring and eternal}

document/political institution.

• _{Total of 27 Amendments (changes) to the}

Constitution.

• _{First 10 Amendments are also known as the Bill}

of Rights.

• _{The amendment process was made to be}

Amending the Constitution

• _Process:

• _{Located in Article 5 of the Constitution} • _{Two ways to Propose:}

• _{By Congress with at least 2/3}rd _{of both the House and}

Senate

• _{By a national convention that is called by Congress at}

the request of 2/3rd _{of state legislatures.}

• _{Two ways to ratify:}

• _{Legislatures in at least 3/4}th _{of all state legislatures.}

• _{Citizens in each state choose delegates to conventions}

Interpretations- Necessary and

Proper Clause (Elastic Clause)

• _{Article 1, Section 8, Clause 18: Congress shall have the}

power “To make all laws which shall be necessary and proper for carrying into execution the foregoing

powers (the rest of Article 1).”

• _Problem?

• _{Created Loose Interpretation (Big Government) and Strict}

Interpretation (Small Government)

• _{Precedent to support Loose Interpretation: McCulloch}

v. Maryland

• _{The Federal government had the power to make a}

Popular Sovereignty

• _{“We the People…do ordain and establish this}

Constitution for the United States of America.”

• _{The sovereign power of the U.S. Constitution is}

granted by the people => the belief that the right to rule comes from the people = popular sovereignty

• _{Founders chose a republic to ensure that people (the}

majority) were not granted absolute power.

• _{If power is granted by the people, it can be taken back}

Checks and Balances

• _{Each branch is given the power to restrain or}

cancel the actions of other branches => less corruption/less abuse

• _{Checks and Balances is the result of separation}