The Constitiution, the structure of American government

James Madison

"Father of the Constitution",His proposals for an effective government became the Virginia Plan, which was the basis for the Constitution. He was responsible for drafting most of the language of the Constitution.

Constitution: Preamble

"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."

Proposed Jay-Gardoqui Treaty

1785,This treaty between the U.S. and Spain would have given the U.S. special privileges at Spanish ports in exchange for giving Spain exclusive rights to the Mississippi River. The U.S. needed access to the Mississippi more than they needed privileged trade with Spain, so this treaty was never signed.

Annapolis Convention

1786,A precursor to the Constitutional Convention of 1787. A dozen commissioners form New York, New Jersey, Pennsylvania, Delaware and Virginia met to discuss reform of interstate commerce regulations, to design a U.S. currency standard, and to find a way to repay the federal government's debts to Revolutionary War veterans. Little was accomplished, except for the delegates to recommend that a further convention be held to discuss changes to the form of the federal government; the idea was endorsed by the Confederation Congress in February, 1878, which called for another convention to be held in May that year in Philadelphia.

Northwest Ordinance

1787,A major success of the Articles of Confederation. Set up the framework of a government for the Northwest territory. The Ordinance provided that the Territory would be divided into 3 to 5 states, outlawed slavery in the Territory, and set 60,000 as the minimum population for statehood.

Slavery and the Constitution: slave trade

3/5 Clause,The South's slave trade was guaranteed for at least 20 years after the ratification of the Constitution. Slaves were considered 3/5 of a person when determining the state population.

Land Ordinance of 1785

A major success of the Articles of Confederation. Provided for the orderly surveying and distribution of land belonging to the U.S.

Procedures for amendments

An amendment to the Constitution may be proposed if 2/3 of Congress or 2/3 of state legislatures vote for it. The amendment may then be added to the Constitution by a 3/4 vote of state legislatures or state conventions.

Constitution: The amendment process

An amendment to the Constitution may be proposed if 2/3 of the members of Congress or 2/3 of state legislatures vote for it. The amendment may then be added to the Constitution by a 3/4 vote of state legislatures, or special state conventions elected for that purpose.

Constitution: Supremacy clause

Article VI of the Constitution, which declares the Constitution, all federal laws passed pursuant to its provisions, and all federal treaties, to be the "supreme law of the land," which override any state laws or state constitutional provisions to the contrary.

Great Compromise

At the Constitutional Convention, larger states wanted to follow the Virginia Plan, which based each state's representation in Congress on state population. Smaller states wanted to follow the New Jersey Plan, which gave every state the same number of representatives. The convention compromised by creating the House and the Senate, and using both of the two separate plans as the method for electing members of each.

Philadelphia Convention for the Constitution (Constitutional Convention)

Beginning on May 25, 1787, the convention recommended by the Annapolis Convention was held in Philadelphia. All of the states except Rhode Island sent delegates, and George Washington served as president of the convention. The convention lasted 16 weeks, and on September 17, 1787, produced the present Constitution of the United States, which was drafted largely by James Madison.

Northwest posts

British fur-trading posts in the Northwest Territory. Their presence in the U.S. led to continued British-American conflicts.

Constitution: Checks and balances

Each of the three branches of government "checks" (ie, blocks) the power of the other two, so no one branch can become too powerful. The president (executive) can veto laws passed by Congress (legislative), and also chooses the judges in the Supreme Court (judiciary). Congress can overturn a presidential veto if 2/3 of the members vote to do so. The Supreme Court can declare laws passed by Congress and the president unconstitutional, and hence invalid.

Hobbes (1588-1679)

English philosopher who believed that people are motivated mainly by greed and fear, and need a strong government to keep them under control. He developed the theory that kings are given their position by divine right, and thus should have absolute power.

Virginia Plan

New Jersey Plan, Connecticut Plan,The Virginia Plan called for a two-house Congress with each state's representation based on state population. The New Jersey Plan called for a one-house Congress in which each state had equal representation. The Connecticut Plan called for a two-house Congress in which both types of representation would be applied, and is also known as the Compromise Plan.

Constitution: Interstate relations

No state is allowed to form a compact with another state or with a foreign power without the consent of Congress.

Shay's Rebellion

Occurred in the winter of 1786-7 under the Articles of Confederation. Poor, indebted landowners in Massachusetts blocked access to courts and prevented the government from arresting or repossessing the property of those in debt. The federal government was too weak to help Boston remove the rebels, a sign that the Articles of Confederation weren't working effectively.

Constitution: Executive branch

One of the three branches of government, the executive enforces laws. It is headed by the president, who has the power to veto legislation passed by Congress.

Constitution: Judiciary branch

One of the three branches of government, the judiciary interprets laws. The highest authority in the judiciary is the Supreme Court, which determines the constitutionality of laws.

Constitution: Legislature

One of the three branches of government, the legislature makes laws. There are two parts to the legislature: the House of Representatives and the Senate.

Constitution: House of Representatives

One of the two parts of Congress, considered the "lower house." Representatives are elected directly by the people, with the number of representatives for each state determined by the state's population.

John Locke

Second Treatise of Government,He wrote that all human beings have a right to life, liberty, and property and that governments exist to protect those rights. He believed that a contract existed between a government and its people, and if the government failed to uphold its end of the contract, the people could rebel and institute a new government.

Articles of Confederation: powers weaknesses successes

The Articles of Confederation delegated most of the powers (the power to tax, to regulate trade, and to draft troops) to the individual states, but left the federal government power over war, foreign policy, and issuing money. The Articles' weakness was that they gave the federal government so little power that it couldn't keep the country united. The Articles' only major success was that they settled western land claims with the Northwest Ordinance. The Articles were abandoned for the Constitution.

Constitution: Ratification

The Constitution had to be ratified (approved) by at least 9 of the 13 original states in order to be put into effect.

North-South Compromises

The North was given full federal protection of trade and commerce. The South was given permanent relief from export taxes and a guarantee that the importation of slaves would not be halted for at least 20 years, plus the national capitol was placed in the South. Slaves were also deemed to be counted as 3/5 of a person when determining the state population, thus giving the Southern states a greater number of representatives in the House.

Montesquieu

The Spirit of Laws,He believed that the government's power should be divided into separate branches, that the government should be close to the people, and that laws should reflect the will of the people.

Constitution

The document which established the present federal government of the United States and outlined its powers. It can be changed through amendments.

New state constitutions during the Revolutionary War and after

The first set of constitutions drafted by the individual states placed most of the government's power in the legislature, and almost none in the executive in order to promote democracy and avoid tyranny. However, without the strong leadership of the executive, the state legislatures argued among themselves and couldn't get anything done. After the Constitution was written, the states abandoned these old constitutions and wrote new ones that better balanced the power between the legislative and the executive.

Constitution: Senate

The other of the two parts of Congress, considered the "upper house." Senators were originally appointed by state legislatures, but now they are elected directly by the people. Each state has two senators.

Constitution: Separation of power

The powers of the government are divided between three branches: the executive, the legislative, and the judiciary.

Antifederalists

They opposed the ratification of the Constitution because it gave more power to the federal government and less to the states, and because it did not ensure individual rights. Many wanted to keep the Articles of Confederation. The Antifederalists were instrumental in obtaining passage of the Bill of Rights as a prerequisite to ratification of the Constitution in several states. After the ratification of the Constitution, the Antifederalists regrouped as the Democratic-Republican (or simply Republican) party.

Beard thesis

his critics,Charles Austin Beard wrote in 1913 that the Constitution was written not to ensure a democratic government for the people, but to protect the economic interests of its writers (most of the men at the Constitutional Convention were very rich), and specifically to benefit wealthy financial speculators who had purchased Revolutionary War government bonds through the creation of a strong national government that could insure the bonds repayment. Beard's thesis has met with much criticism.