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Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
Constitutional Underpinnings & Ratification
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Constitutional Underpinnings & Ratification

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  • 1. The Constitution: Underpinnings & Ratification
  • 2. The Articles of Confederation <ul><li>Confederation = States or regions retain political power except for any power it gives to the central (federal) government </li></ul>State Central Gov’t Gov’t
  • 3. Articles of Confederation <ul><li>Our 1 st Constitution </li></ul><ul><li>November 1777 (ratified 1781) </li></ul><ul><li>Created a “League of Friendship” </li></ul><ul><li>Power went to…??? </li></ul><ul><li>Including the power to </li></ul><ul><li>levy taxes </li></ul>State Wooo hooo!
  • 4. Northwest Ordinance <ul><li>Enacted by Congress (1787) </li></ul><ul><li>Spelled out how territories and states were to be formed from Western lands won in the Revolution </li></ul><ul><li>Congress to appoint a governor, secretary & 3 judges to each territory </li></ul><ul><li>When population (that is, adult male pop.) of a territory reached 60,000 it could apply for statehood </li></ul><ul><li>First national stand against slavery – slavery was prohibited </li></ul>
  • 5. Congress Under the A O’C <ul><li>Provided for a permanent national Congress </li></ul><ul><li>Unicameral </li></ul><ul><li>However, there were problems… </li></ul>
  • 6. Lots of problems…
  • 7. Shay’s Rebellion <ul><li>1786-1787 </li></ul><ul><li>Daniel Shay, Massachusetts </li></ul><ul><li>Armed insurrection by farmers protesting abusive local tax practices (weak central gov’t, strong state gov’t) </li></ul><ul><li>Illustrated weaknesses of the AOC </li></ul><ul><li>lead to a shift from the Anti-Federalist movement toward the realized need for a Federal government to: </li></ul><ul><ul><li>standardize and issue currency </li></ul></ul><ul><ul><li>supply and defend a Bill of Rights </li></ul></ul><ul><ul><li>provide oversight to states rights </li></ul></ul><ul><li>Paved road for new Constitution </li></ul>
  • 8. Scrap that Idea <ul><li>A OC‘s weaknesses far outweighed its strengths </li></ul><ul><li>It was time for a new Constitution… </li></ul>
  • 9. Constitutional Convention <ul><li>May 14, 1787 </li></ul><ul><li>Fifty-five delegates met in Philadelphia, PA to create our new Constitution </li></ul><ul><li>They met in secret - huddled in a small room in the sweltering summer heat </li></ul><ul><li>Please note that they did not have deodorant or antiperspirant in 1787 </li></ul>
  • 10. EEEEWWW!
  • 11.  
  • 12. The Virginia Plan <ul><li>Virginia delegation proposed a bicameral legislature, executive branch, and judicial branch </li></ul><ul><li>Legislature to be elected by the people </li></ul><ul><li>Executive to be elected by the Legislature </li></ul><ul><li>Representation proportionate to state population </li></ul>
  • 13. This worried & angered small states Virginia New Jersey
  • 14. The New Jersey Plan <ul><li>New Jersey delegation proposed that the new constitution retain most of the Articles of Confederation </li></ul><ul><li>But with a separate & independent Supreme Court </li></ul><ul><li>Equal representation in the Legislature </li></ul>
  • 15. A heated debate ensued…
  • 16. Thank heavens for little Connecticut <ul><li>A delegate from CT proposed a compromise </li></ul><ul><li>The chief executive (prez) to be elected by an electoral college </li></ul><ul><li>Bicameral legislature (here’s the “Great Compromise”) </li></ul>
  • 17. Proposed Bicameral Legislature Upper House Lower House Equal Representation Representation Proportionate To State Population
  • 18. And everyone was happy…
  • 19. Except the “Three-Fifths of a Person” People
  • 20. And the Womenfolk What do you mean I have no rights? I thought you said we were all Equal?!
  • 21. The Three-Fifths Compromise <ul><li>Part of the Great Compromise </li></ul><ul><li>Settled the issue of whether or not slaves counted as a person toward the total population </li></ul>
  • 22. North vs. South Ya’ll gotta count our slaves! Are you bloody mad? How can they be your property AND a person? I think someone wants to have their cake and eat it, too…
  • 23. <ul><li>Although the word “slave” was never used in the written document, it was agreed that… </li></ul>
  • 24. <ul><li>“ Representation and direct taxes will be apportioned among the several states according to respective numbers determined by adding to the whole number of free persons including those bound to service for a set number of years and excluding Indians not taxed three-fifths of all other persons.” </li></ul>
  • 25. And so…. This 2/5 no longer exists
  • 26. The Connecticut Compromise <ul><li>Was reached by mid-July </li></ul><ul><li>The make-up of the executive & legislative branches were still unsettled </li></ul><ul><li>Turned over to a five man “Committee of Detail” </li></ul><ul><li>Made the executive and judicial branches subordinate to the legislative branch </li></ul>
  • 27. Madisonian Model <ul><li>James Madison proposed the notion of separation of powers </li></ul><ul><li>Three branches would be independent of one another but still have to govern together </li></ul><ul><li>Ensured that one branch did not have more power than another </li></ul>James Madison (1751-1836)
  • 28. Branch Functions Under Madisonian Model <ul><li>Congress – pass laws </li></ul><ul><li>Executive – enforce & administer laws </li></ul><ul><li>Judicial – interpret laws </li></ul>
  • 29. Checks and Balances <ul><li>Each branch of gov’t is designed to check the actions of the others </li></ul><ul><li>Federalist #51 </li></ul>
  • 30.  
  • 31. The Electoral College <ul><li>A group of people called electors are selected by the voters in each state and DC </li></ul><ul><li>This group officially elects the president & vice-president </li></ul>
  • 32. Number of Electors <ul><li>The number of electors in each state is equal to the number of each state’s reps in both houses of Congress </li></ul><ul><li>PA – 19 HOR + 2 Senate = 21 Electoral Votes </li></ul>
  • 33.  
  • 34. The Final Document <ul><li>The founding fathers produced a government that did have considerably more power for a central authority. However, it is also clear that these men were distrustful of those who would hold this power and of the people who would select the governmental officials. </li></ul>Is that your final answer?
  • 35. Final Document, Cont. <ul><li>Power was divided between the three major branches and each branch was encouraged to seek more power from the other two branches. This idea was based on the assumption that “ambition must be made to counteract ambition.” </li></ul><ul><li>Since each branch of government would attempt to gain more power each branch would serve to check the power of the other two branches. </li></ul>
  • 36. Final Document, last one… <ul><li>Power also was diffused by the creation of our federal system of government, where both the national and the state governments each have their own sphere of influence. </li></ul><ul><li>Although it sounds good to us now, not everyone agreed that a federal system was the best route… </li></ul>
  • 37. Long, Rough Road <ul><li>The Constitution was not made public until September 17, 1787. The public had no input as to what the document would include. </li></ul><ul><li>Furthermore, the Constitution violated the provision in the Articles of Confederation for alterations to the government. </li></ul>
  • 38. Who Were the Federalists? <ul><li>Federalists favored the ratification of the US Constitution </li></ul><ul><li>Included Alexander Hamilton, John Jay, and James Madison </li></ul>Alex JJ
  • 39. Who Were the Anti-Federalists? <ul><li>Opposed the ratification of the US Constitution </li></ul><ul><li>Included John DeWitt, Samuel Adams & Patrick Henry </li></ul>Johnny Pat Sammy
  • 40. The Federalist Papers <ul><li>The Federalist Papers were a series of 85 essays published in NY newspapers & reprinted around the US </li></ul><ul><li>Written in attempt to persuade the public to support the new form of government. </li></ul><ul><li>Federalist #10 and Federalist #51 provide an excellent view of James Madison’s political theory concerning human nature. </li></ul>
  • 41. Federalist #10 <ul><li>Madison attacked the Anti-Federalist’s fear regarding factions </li></ul><ul><li>Factions = small political parties or groups united by a common interest </li></ul>Me too!! Hey! I love AP US History! Let’s form a faction!
  • 42. Fear Factor: Factions! Oh no! Not factions!!!!!
  • 43. Why Factions Were Scary <ul><li>Anti-Federalists claimed that factions would gain control of the government </li></ul><ul><li>This would be bad because factions would harm the country </li></ul><ul><ul><li>Implement policies beneficial to their own interests </li></ul></ul><ul><ul><li>Will be against other people’s rights and the public good </li></ul></ul>
  • 44. Madison to the Rescue <ul><li>Madison was tired of the haters dissin’ his factions </li></ul>I’ll save you my beloved factions!
  • 45. Madison Defends Factions <ul><li>In Federalist #10, Madison stated that factions won’t be a problem in a republic as big as the US </li></ul><ul><li>He believed there would be so many factions held together by regional or local interests </li></ul><ul><li>Therefore, no single one of them would dominate national politics </li></ul><ul><li>The government can ultimately control the “instability, injustice and confusion” brought about by factions – IF they plan for it </li></ul>
  • 46. Madison’s How-to Guide: Controlling the Mischief of Factions <ul><li>Two methods to cure “mischief of factions” </li></ul><ul><ul><li>Remove the causes of factions </li></ul></ul><ul><ul><ul><li>Destroy liberty </li></ul></ul></ul><ul><ul><ul><li>Give all citizens same interests & opinions </li></ul></ul></ul><ul><ul><ul><li>Diversity = different opinions </li></ul></ul></ul><ul><ul><ul><li>Government’s job is to protect liberties – therefore either cure would go against what we are about </li></ul></ul></ul>
  • 47. <ul><ul><li>2. Controlling their effects </li></ul></ul><ul><ul><li>Tyranny of the majority is a concern </li></ul></ul><ul><ul><li>Must ensure that the majority is rendered incapable of carrying into effect “schemes of oppression” </li></ul></ul><ul><ul><li>Republic = delegation will be fit to represent citizens because they are elected by the people </li></ul></ul><ul><ul><li>This will create a balance between local (factional) interests and national interests </li></ul></ul><ul><ul><li>This can be achieved through separation of powers </li></ul></ul>
  • 48. Federalist #51 <ul><li>Madison explains the separation of powers into three branches </li></ul><ul><li>Argues that this federal structure provides the most protection against tyranny </li></ul>tyranny
  • 49. Separation of Powers <ul><li>To achieve this, no one branch can be dependent upon another </li></ul><ul><li>Helps to counter the effects of personal ambition </li></ul><ul><li>Competing personal interests in each branch will help keep the powers separate, thus guarding the public interest </li></ul>
  • 50. Anti-Federalist Response <ul><li>Constitution was written by aristocrats, thus leading to aristocratic tyranny </li></ul><ul><li>Constitution would create an overbearing & overburdening central government hostile to personal liberty </li></ul><ul><li>Wanted a Bill of Rights to guarantee liberties </li></ul>I’m filthy rich and I wrote the Windows version of the Constitution
  • 51.  
  • 52. The Bill of Rights <ul><li>Contrary to popular belief, the Bill of Rights did not apply to state governments. </li></ul><ul><li>The restrictions only were applicable to the national government until the 14th amendment incorporated some of these rights. </li></ul><ul><li>Even though these restrictions were only applicable to the national government, they were never the less still very important for the protection of the people. </li></ul>
  • 53. <ul><li>There were twelve proposed amendments in the Bill of Rights but only ten were ratified by the original thirteen states. </li></ul><ul><li>The other two proposed amendments in this package were left in limbo. Eventually (1992), one of these two amendments was ratified by the requisite number of states and is now the 27th amendment. </li></ul>
  • 54. Altering the Constitution: The Formal Amendment Process <ul><li>The founding fathers realized the Articles of Confederation were too difficult to alter. </li></ul><ul><li>The amendment process to the Constitution was made less difficult, but is still rigorous process. </li></ul><ul><li>The reasoning was that every government needs to be able to cope with new and unforeseen problems and changes in the original document. </li></ul><ul><li>However, any change should be taken with extreme caution. </li></ul><ul><li>If the process to amend the Constitution is rigorous, there should be ample time to consider the merits of such a change. </li></ul>
  • 55. Altering the Constitution: The Formal Amendment Process <ul><li>How difficult is it to amend the Constitution? </li></ul><ul><ul><li>From 1789 through 2003, 27 amendments passed, which represents one amendment every 7.9 years—a misleading ratio since 10 of those amendments came within the first four years. </li></ul></ul><ul><ul><li>From 1791 through 2003 there have only been 17 amendments. That represents one amendment every 12.4 years. </li></ul></ul><ul><li>Although there are always numerous recommendations for alterations to the Constitution, few of these recommendations, especially controversial ones, have a realistic chance of success. </li></ul>
  • 56.  
  • 57. Informal Methods of Constitutional Change <ul><li>While it is very difficult to amend the Constitution, the Constitution has changed through interpretation. </li></ul><ul><li>Since the case of Marbury v. Madison the federal courts have made major decisions concerning the meaning of the Constitution. (Judicial Review) </li></ul><ul><li>Such interpretation has not been limited to the federal judiciary. Both the legislative and executive branches have interpreted the Constitution. </li></ul><ul><li>Once an interpretation has been made and there is no challenge to this type of action, there has been a change in the meaning of the Constitution. </li></ul>
  • 58.  

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