MA1/Am. Civ.

Course
Dr. Toulgui L.
(2014-2015)

WHAT IS A CONSTITUTION?

 A body of fundamental laws which

say how a government is to operate
It is the supreme law of the land
It explains how the government works
It protects your civil rights

HISTORICAL BACKROUND
WHY WAS THERE A NEW US CONSTITUTION?

STATE SUPREMACY

Legally the declaration of Independence created

one nation rather than thirteen of them; but
practically, Congress was almost completely at
the mercy of the states.

Overview
INDEPENDENCE DECLARED
When I took command of the army, I
abhorred the idea of independence, now, I
am convinced, nothing else will save us.
(George Washington, 1776)

Others had reached the same

conclusion. Accordingly, the Congress,
on June 11, 1776, approved the
appointment of a committee of five,
with Thomas Jefferson as chairman,
to draft a declaration of independence.

That historic document is notable because of its

four basic features:
1. an assertion of belief in natural law and
unalienable rights;
2. its affirmation of the right and duty to revolt
when the alternative is absolute despotism;
3. a long list of grievances and references to
attempts to redress those grievances by peaceful
negotiations; and
4. a pronouncement of legal grounds for the
separation from Great Britain and the transfer
of sovereignty

COLONIES BECOME STATES

The Congress recommended that the colonies
adopt such governments as shall, in the opinion
of the representatives of the people, best
conduce to the happiness and safety of their
constituents.

For the first time in history a large group of

communities had begun the formation of their
own governments under written constitutions.
As they did so, they began to refer to themselves
as states rather than colonies

NEW STATES CONSTITUTIONS

The newly adopted state constitutions, for the
most part, carried forward the main outlines of
colonial arrangements. They even served as
patterns for those who later wrote the Articles of
Confederation, the US Constitution, and
subsequent state constitutions.

Many of the exact words and phrases appear in

the basic charters which followed.

CONFEDERATION
ARTICLES OF CONFEDERATION ADOPTED
On June 12, 1776, the day after a committee was
appointed to prepare a declaration of independence,
the Congress appointed another committee
consisting of one member of each colony to
prepare and digest the form of a confederation to be
entered into between these colonies.
On March 1, 1781, the Articles of Confederation
went into effect and thus were the first constitution
of the United States.

States enter into a firm league of friendship

with each other. (Article III Articles of
Confederation)

The states bound themselves together for the

common defense, the security of their liberties,
and their mutual and general welfare, but each
retained sovereignty, freedom and
independence. And every power, jurisdiction,
which is not expressly delegated to the United
Congress assembled.

GOVERNMENT UNDER ARTICLES OF CONFEDERATION

(See diagram)

WEAKNESSES OF THE ARTICLES

OF CONFEDERATION
The fundamental defect was the dependence of
the Congress upon the goodwill of the states
The states developed increasing disregard for
the Congress.
Any attempts to improve the Articles failed.

Shays Rebellion
In 1786 a multitude of angry debtors attempted to stop the
collection of debts and taxes by preventing judges from holding
court in several parts of Massachusetts.

At one time it looked as if the state government might

overwhelmed.
Although suppressed, the incident encouraged the leaders to
modify the Articles and strengthen the central government.

PHILADELPHIA CONVENTION (1787)

for the sole purpose of revising the

Articles of Confederation and reporting to
Congress and the several state legislatures
such alteration and provisions.

SUBSTANTIVE PROPOSALS,
PROBLEMS, AND COMPROMISES

Virginia and other Plans

The first and most important question was
whether to revise the Articles or to construct a
truly national government.

THE VIRGINIA PLAN

It was prepared by James Madison and
presented by Governor Edmund Randolph
The plan represented the thinking of the
large-state group which favored a strong
central government and required that
Articles be completely overhauled.
This plan would have given the large states
control over all three branches of
government

THE NEW JERSEY PLAN

Objections led to counterproposals. Of those, the New

Jersey Plan, presented by William Patterson.
It called for a less radical departure from the Articles and
won the support of confederationalists and small-state
delegations

STATE SOVEREIGNTY

The most crucial of all questions was:

How to erect a government strong enough to meet the
exigencies of the hour which would not swallow up the
states nor place the small ones at the mercy of the
larger?

THE CONNECTICUT COMPROMISE

It was prepared by Roger Sherman
The Connecticut Compromise resolved the deadlock
by combining the ideology presented in both the New
Jersey Plan and the Virginia Plan.
The delegates accepted the plan (the Great Compromise):
The smaller states their equal representation; the larger
states, their proportional representation.
Electoral College
The 3/5 Compromise

THE FINAL PRODUCT:

The US Constitution
Twenty-three resolutions had been
debated in the convention; these were
reorganized under seven articles in the
draft constitution

THE PREAMBLE
(Introduction; Opening Statement)

It was the last section to be drafted. It

begins with a phrase that would have been
impossible to write when the convention
opened.

ANALYSIS
We the people of the United States, in order to
form a more perfect Union, establish Justice,
insure domestic Tranquility, provide for the
common defense, 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.

Dissection
1. It creates a people: We the People of the United was a
dramatic departure from a loose confederation of states.
2. It explains the reason for the Constitution: in Order to
form a more perfect Union was a direct way of saying
that the first effort, under the Articles of Confederation,
had been inadequate.

3. It articulates goals: 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; in other
words, the government exists to promote order and
freedom.
4. It fashions a government: do ordain and establish this
Constitution for the United States.

Goals and
Principles of the
Constitution
Preamble,
Articles and
Amendments,
Seven Basic
Principles

 The Constitution is divided into 3 main

parts: the Preamble (opening statement),
Articles, and Amendments.
The Preamble defines 6 goals.

The Goals of the Preamble

To Form a More Perfect Union
Wanted states to be more unified

To Establish Justice
Applied fairly to every American regardless of race, religion,
and gender

To Insure Domestic Tranquility

Peace and order at home (US)

To Provide for a Common Defense

Gives the government power to protect citizens

To Promote the General Welfare

Promote the well-being of all its citizens (health, happiness)

To Secure the Blessings of Liberty

Freedom and rights for its people

Articles
The main body of the Constitution is
divided into 7 Articles, which establish the
framework for the US government.
Articles I-III - describe the 3 branches of
government : legislative, executive, and judicial.
Article IV deals with relations between the
states.
Article V provides a process to amend the
Constitution.
Article VI states the Constitution is the Supreme
law of the land.
Article VII sets up a procedure to ratify the
Constitution.

Amendments
In over 200 years, only 27 formal changes
have been made to the Constitution.
The first 10 are known as the Bill of Rights
(added in 1791).
Article V outlines the amendment process.
An amendment may be proposed by two thirds
of both the House and the Senate.
Ratification may be approved by the
legislatures of 3/4ths of the states.

Seven Basic Principles

Popular Sovereignty
states that the people have the right to alter or
abolish their government

Limited Government
Because the colonists wanted to avoid tyranny,
they said the government has only the powers
that the Constitution gives it

Separation of Powers
The government was split into three branches
Legislative makes the laws
Executive carries out the laws
Judicial explains and interprets the laws

Checks and Balances

Each branch of government has the power to
check, or limit, the actions of the other two.

Seven Basic Principles Contd

Federalism
Division of power between the federal
government and the states
Federal Examples power to coin money, declare
war, regulate trade between states
State examples regulate trade within their borders,
establish schools
Power not clearly given to the federal government
belongs to the states.

Republicanism
Citizens elect representatives to carry out their
will

Individual Rights
Protect individual rights such as freedom of
speech, freedom of religion, and the right to
trial by jury

THE ARTICLES and THE CONSTITUTION

WEAKNESSES OF THE ARTICLES

1. States are sovereign

HOW OVERCOME BY CONSTITUTION

People of the whole nation were

made sovereign. A federal union
from which secession was
impossible was created, and the
Federal Constitution and laws
were made the supreme law of
the land.

2. No independent
executive

Article II provides for President

chosen indirectly by the voters.
President is given the executive
power; he is made Commander in
Chief of the Army and Navy, and he
may take all steps necessary to see
that laws are faithfully executed.

3. No Federal courts.
Federal laws enforced by
state courts

Separate system of Federal

courts provided by Article II
with authority to enforce
Federal laws and annul state
laws inconsistent with
Federal Constitution or
laws.
4. No power to collect taxes Article I, Section 8,
empowers Congress to lay
and collect taxes, duties,
imposts and excises.

5. No power over interstate

and foreign commerce

Article I, Section 8, gives

Congress power to regulate
commerce with foreign nations,
among the several states, and
with Indian tribes.

6. Congress an assembly of
delegates who were chosen
by state legislatures, were
expected to vote as
instructed, and could be
recalled

Congress composed of
representatives who have
definite tenure and can act in
any manner they choose.
House of Representatives
chosen by direct vote of
people, Senate by state
legislature (now direct popular
vote).

7. Articles could be
Constitution can be amended
amended only by consent with approval of threeof all the states
fourths of states.
8. Congress had only
specifically delegated
powers.

Constitution given implied,

as well as delegated powers.

9. Central government
Central government exercises
could not act directly upon its powers directly upon the
people.
people and concurrently with
state governments.

The Lecturers Own Perception

After a heated and enduring debate at the
Philadelphia Convention, the framers
(Founding Fathers) through their respective
distinct but cooperating factions (Federalists
and Anti-Federalists) disregarded the mere
revision of the first American constitution, the
Articles of Confederation and eventually
adopted a new constitution known as the US
Constitution that went into effect in 1788.

This new constitution, though short in its

content and deliberately vague, established a
system that would permanently preserve the
essence of the Declaration of Independence
and guaranteed the American nations
maximum stability that could be preserved
only through a federal system which, in its
turn, would work through its two unavoidable
principles: 1) Separation of powers and
2) checks and balances