THE UNITED STATES CONSTITUTION

A nation in turmoil:
-with the nations many problems many people began to criticize the articles of confederation
-wealthy individuals feared anarchy & revolution – call for a strong central government
-meetings are held at Mount Vernon & Annapolis Maryland to explore ways to fix the articles of confederation (George Washington was a driving force behind this) however many people and states did not attend meetings
-another meeting in Philadelphia is called

Constitutional Convention 1787
-12 states will meet in Philadelphia with the purpose of revising and fixing the articles of confederation (not to write a new document)
-delegates consist of: 55 delegates, ages 26-81 , 29 lawyers, 17 businessmen,
15 slave owners, no poor men – some of the smartest political minds – maybe the most ever in one place collectively – each brings something necessary for success

-notable delegates include: major players at the convention
-George Washington (president of convention) not politically brilliant, but brings respect and credibility to the convention (people feared central government –king, but if GW is there things are okay)
-Ben Franklin: oldest delegate (81 years old) brings experience and common sense to the convention – witty and calming
-Alexander Hamilton: born in Barbados (bad childhood) served with Washington in revolution –Washington considers him his son – Hamilton is a genius – brilliant politically
-James Madison: “father of the constitution” –does much of the work in writing the constitution –researches (does him homework) – arrives at the convention with a plan

-missing: these people did not attend
-John Adams: ambassador to England at the time
-Thomas Jefferson: ambassador to France at the time
-Patrick Henry: opposed to stronger central government “i smell a rat!”-John Hancock: governor of mass. – claims to be busy (really uninterested)
-Thomas Paine

Purpose of the convention:
-meetings held in secret with guards at the door (kept from the public)
-wanted to revise article of confederation
-federal government needed to be able to pay its bills, maintain stable currency, and control commerce

Motives for the convention:
-ensure safety of property & liberty (wanted to avoid peasants rioting)
-curb unrestrained democracy – (avoid chaotic rule by common people)
-preserve unity and prevent anarchy
-the convention decided that the articles cannot be fixed and that they need a new plan of government – first act is to scrap the articles

Foundations:
-most felt that the new plan of government should be patterned after state constitutions
-constitution is a document that sets the rules and principles of government (each state had one)
-state constitution limited the power of the government and spelled out the rights of citizens

-state constitutions:
-people feared putting too much power in the hands of one or a few
-state legislatures: group of men who make laws (elected)
-states had an executive (governor)
-bill of rights to protect the rights of citizens

Other influences:
-Greek democracy & the Roman republic
-league of the Iroquois: Indian tribe sent reps. From each tribe
-Magna Carta: English document that limited the power of the king (1215)
-John Locke (philosopher): people are entitled too “life liberty & property”
-Montesquieu (philosopher): separation of powers (divide up the power)

-Debate over Congress (legislature) 2 plans
-Virginia plan (big state plan): representation based on population with a bicameral (2 houses) legislature – more people more reps. = more power
-small states upset
-New Jersey plan (small state plan): equal representation with a unicameral legislature (one house) all states equal
-argued about for months (hot bitter debate)

-the Great Compromise (settles the problem)
-congress will be made up of two parts (house of reps. & senate)
-house based on population (censuses-elected by people) / senate each state will get 2 senators equal (elected by state legislatures at first)

3/5’s Compromise: what to do about counting slaves as population?
-south wants to count slaves as population north refuses
-compromise – slaves will be counted as 3/5’s of a person
-three people are credited for every five slaves; slave trade must end by 1807 (no new slaves from Africa)

Separation of powers (how is the power divided?)
-convention divided the power of the government into three branches:
Legislature: makes laws – executive: enforces laws –judicial: interprets laws
-no one branch should be more powerful than the others
-“checks and balances” branches can check each other

Powers given the congress (legislature)
-divided into the house and senate (both must pass bills)
-powers include:
Declaring war, controls treasury, impeachment power, override veto, make treaties, approve judges, other

-executive: (president of the united states)
-founding fathers feared giving power to one man
-created this branch knowing that Washington would be the first pres.
-powers include: chief law enforcement officer, commander-in-chief of armed forces, veto, appoints judges and officials
-officially elected by electoral college and not popular vote
“the masses can be easily manipulated!” Founding fathers
-each state uses electors to finally elect a president
-meet every four years to elect a president

-the judiciary (federal court system)
-not well described in constitution art. Iii
-congress can set up court system as it sees fit
-courts a like a latter- district, appeals, and supreme court

Results of the constitutional convention:
-founding fathers create the greatest document and plan of government ever written (opinion)
-39 delegate sign
-need to be ratified by 9 of 13 states to take effect
-Delaware the first to ratify (4 do not right away)
-some wanted a bill of rights (not part of the original document
-Virginia: p. Henry believed in “states rights”

Federalist papers:
Federalist: a person who supports the constitution
-Hamilton, Madison, and jay write essays defending the constitution know as the “federalist papers”

Ratification:
-after a bill of right is promised most states agree
-north Carolina did not vote & Rhode island did not attend (both ratify)
-constitution becomes the law of the land and the plan of government!

The Bill of Rights: 1791
-people wanted changes in the constitution to defend individual rights
-bill of rights are the first ten amendments (changes) to the constitution
(see spectacular and pocket constitution for each amendment)

How does the constitution work?

Amending the constitution:
-amendment must be proposed: 2 ways
-2/3rds of congress or 2/3rds of special state conventions can propose
-there are many proposed amendment
-the amendment must them be ratified
-in order to be ratified the proposed amendment must be approved by 3/4ths of the states (only 27) – tribute to the founding fathers

How does congress work?
-congress is divided into two parts (house and senate)
-both parts work in the same fashion
-bills (proposed laws) are introduced by members only
-bills are researched by committees (divide up the work)
-findings are presented to entire house
-bill is debated on the floor
-a vote is taken – if passed by a majority vote it is sent to the other house

How does the president do his job?
-president must wear many hats for many jobs – living symbol of USA
-chief executive (enforces laws): FBI, justice dept. Other ways
-chief of state/chief diplomat: meets with foreign nations
-commander-in-chief: head of armed forces
-chief legislature: has friends in congress that introduce bills he supports

-the president has a cabinet (advisors confirmed by senate) and departments to help him do his job – also agencies, commissions, corporations to aid in his job

How do the courts work?
-federal court system contains many courts other than supreme court
-cases must reach the criteria to give federal courts jurisdiction or the right to hear the case
-cases start in district courts – decisions can be appealed (ask a higher court to examine the case) to circuit courts of appeals – and finally to the supreme court

The Supreme Court:
-highest court in the land
Made up of 8 justices and one chief justice
-justices are appointed by the president and confirmed by senate
-justices serve for life (politically insulated)
-court hears most cases on appeal (limited original jurisdiction: cases between states & foreign ambassadors)

How a bill becomes a law:
1. Bill is introduced in house or senate
2. Bill is researched by committee
3. Committee presents its findings
4. Bill is debated
5. Bill is voted on
6. If passed bill is sent to other house
7. If passed by both houses, bill is sent to president
8. President may sign the bill (becomes law) he also may veto bill
*pocket veto (president sits on the bill for 10 days when congress is not in session bill dies – if he does not take action for 10 days and congress is in session the bill becomes law)
9. Congress may override veto with a 2/3rd’s vote (becomes law)

Checks & balances:
-power is divided between branches (each branch can check or limit the power of the others)
-keeps one branch from becoming too powerful
-examples: president can veto a bill, congress can override a veto, court can rule a law unconstitutional (judicial review), president appoints judges, senate approves judges, congress may impeach president, judges

Levels of government:
-in the USA there are 3 levels of government
Federal (national) for the entire country, state (all 50 states have a government), and local (cities, counties, have governments)

Federalism:
-the constitution further divided the power between the federal government and the states
-the federal government and the states share power
-delegated powers: powers given to the federal government in the constitution (specific) –examples: power to declare war, coin money
-reserved powers: all powers not given to the federal government in the constitution are reserved for the states (10th amd.) Examples: driving laws
-concurring powers: powers that both the federal and state governments may use examples: taxes

State governments:
Works much like federal government
Ohio: general assembly (legislature 3/5’s override), governor (executive), state courts (judicial)
Local:
City council (legislature), mayor (executive, municipal courts

Voting:
-a privilege and a responsibility
-3 qualifications: 1. 18 years old 2. Citizen 3. Registered (other state requirements) – see spectacular for amendments concerning suffrage or voting

Requirements to hold office:
President:
Natural born citizen, must be 35 years old, must have lived in USA for 14 years
Judicial branch: none
House:
435 members) 2 year terms, must be 25 years old, must be a citizen for at least 7 years, must live in state they represent
Senate:
2 per state, 6 year terms, must be 30 years old, citizen for 9 years, resident of state