THE UNITED STATES CONSTITUTION (1787-1789) DEVELOPMENT AND RATIFICATION ‘Toward a New Constitution As time went on the inadequacy of the Articles of Confederation be- came increasingly apparent. Congress could not compel the states to com- ply with the terms of the Treaty of Paris of 1783 regarding debts and loyalists’ property. The British used this as an excuse for not evacuating their Northwestern posts, hoping to be on hand to make the most of the situation when, as they not unreasonably expected, the new government fell to pieces. In any case, Congress could do nothing to force them out of the posts, nor to solve any of the nation’s other increasingly pressing problems. In these dismal straits, some called for disunion, others for monarchy Still others felt that republican government could still work if given a better constitution, and they made it their goal to achieve this In 1785 a meeting of representatives of Virginia, Maryland, Pennsyl- vania, and Delaware was held at George Washington’s residence, Mt. Vernon, for the purpose of discussing current problems of interstate com- merce. At their suggestion the Virginia legislature issued a call for a convention of all the states on the same subj summer in Annapolis, Maryland. to meet the following ‘The Annapolis Convention met in September 1786, but only five states were represented. Among those present, however, were such nationalists as Alexander Hamilton, John Dickinson, and James Madison. With so few states represented it was decided instead to call for a convention of all the states to meet the following summer in Philadelphia for the purpose of revising the Articles of Confederation. The Constitutional Convention ‘The men who met in Philadelphia in 1787 were remarkably able, highly educated, and exceptionally accomplished. For the most part they were lawyers, merchants, and planters. Though representing individual states, most thought in national terms. Prominent among them were James Madi- son, Alexander Hamilton, Gouverneur Morris, Robert Morris, John Dickinson, and Benjamin Franklin 52The American Revolution (1763-1787) Shays’ Rebellion Nationalists were further stimulated to action by Shays’ Rebellion (1786). Economic hard times coupled with high taxes intended to pay off the state’s war debt drove western Massachusetts farmers to desperation. Led by war veteran Daniel Shays, they shut down courts to prevent judges from seizing property or condemning people to debtors’ prison for failing to pay their taxes. The unrest created a disproportionate amount of panic in the rest of the state and the nation. The citizens of Boston subscribed money to raise an army to suppress the rebels. The success of this army together with timely tax relief caused the “rebellion” to fizzle out fairly quickly. Amid the panic caused by the news of the uprising, many came to feel that a stronger government was needed to control such violent public outbursts as those of the western Massachusetts farmers. 5The United States Constitution (1787-1789) George Washington was unanimously elected to preside, and the enor- mous respect that he commanded helped hold the convention together through difficult times (as it had the Continental Army) and make the product of the convention’s work more attractive to the rest of the nation. The delegates then voted that the convention’s discussions should be se- cret, to avoid the distorting and confusing influence of the press and pub- licity The delegates shared a basic belief in the innate selfishness of man, which must somehow be kept from abusing the power of government. For this purpose, the document that they finally produced contained many checks and balances, designed to prevent the government, or any one branch of the government, from gaining too much power. Madison, who has been called the “father of the Constitution,” devised a plan of national government and persuaded fellow Virginian Edmund Randolph, who was more skilled at public speaking, to introduce it. Known as the “Virginia Plan,” it called for an executive branch and two houses of Congress, each based on population. Smaller states, who would thus have seen their influence decrease objected and countered with William Paterson’s “New Jersey Plan,” call- ing for the continuation of a unicameral legislature with equal representa tion for the states as well as sharply increased powers for the national government. A temporary impasse developed that threatened to break up the con- vention. At this point Benjamin Franklin played an important role in rec- onciling the often heated delegates, suggesting that the sessions of the convention henceforth begin with prayer (they did) and making various other suggestions that eventually helped the convention arrive at the “Great Compromise.” The Great Compromise provided for a presidency, a Senate with all states represented equally (by two Senators each), and a House of Representatives with representation according to population. Another crisis involved North-South disagreement over the issue of slavery. Here also a compromise was reached. Slavery was neither en- dorsed nor condemned by the Constitution. Each slave was to count as three-fifths of a person for purposes of apportioning representation and direct taxation on the states (the Three-Fifths Compromise). The federal government was prohibited from stopping the importation of slaves prior to 1808 ‘The third major area of compromise was the nature of the presidency This was made easier by the virtual certainty that George Washington 53CLEP would be the first president and the universal trust that he would not abuse the powers of the office or set a bad example for his successors. The result was a strong presidency with control of foreign policy and the power to veto Congress's legislation. Should the president commit an actual crime, Congress would have the power to impeach him. Otherwise the president would serve for a term of four years and be re-electable without limit. As a check to the possible excesses of democracy, the president was to be elected by an Electoral College, in which each state would have the same number of electors as it did Senators and Representatives combined. The person with the second highest total in the Electoral College would be Vice-President. If no one gained a majority in the Electoral College, the President would be chosen by the House of Representatives. The new Constitution was to take effect when nine states, through special state conventions, had ratified it. The Struggle for Ratification As the struggle over ratification got under way, those favoring the Constitution astutely took for themselves the name Federalists (i.e., advo- cates of centralized power) and labeled their opponents Antifederalists. The Federalists were effective in explaining the convention and the docu- ment it had produced. The Federalist Papers, written as a series of 85 newspaper articles by Alexander Hamilton, James Madison, and John Jay, brilliantly expounded the Constitution and demonstrated how it was de- signed to prevent the abuse of power from any direction. These essays are considered to be the best commentary on the Constitution by those who helped write it. At first, ratification progressed smoothly, with five states approving in quick succession. In Massachusetts, however, a tough fight developed. By skillful maneuvering, Federalists were able to win over to their side such popular opponents of the Constitution as Samuel Adams and John Hancock. Others were won over by the promise that a bill of rights would be added to the Constitution, limiting the federal government just as the state gov- ernments were limited by their bills of rights. With such promises, Massa- chusetts ratified by a narrow margin. By June 21, 1788, the required nine states had ratified, but the crucial states of New York and Virginia still held out. In Virginia, where George Mason and Patrick Henry opposed the Constitution, the influence of George Washington and the promise of a bill of rights finally prevailed and ratifi- cation was achieved there as well. In New York, where Alexander Hamilton led the fight for ratification, The Federalist Papers, the promise of a bill of 54The United States Constitution (1787-1789) rights, and the news of Virginia’s ratification were enough to carry the day. Only North Carolina and Rhode Island still held out, but they both ratified within the next 15 months. In March 1789, George Washington was inaugurated as the nation’s first president. OUTLINE OF THE UNITED STATES CONSTITUTION Articles of the 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 com- mon defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Consti- tution for the United States of America” Article Legislature ‘The legislature is divided into two parts—the House of Representa- tives (435 members currently; determined by proportional representation of the population) and the Senate (100 members currently; two from each state), ‘The House of Representatives may bring impeachment charges. All bills which concern money must originate in the House. Because of the size of the body, debate is limited except in special cases, where all repre- sentatives may meet as the Committee of the Whole. The Speaker of the House presides over the proceedings. Elected terms of representatives are two years, re-electable without limit, to persons who are at least of age years The Senate, originally elected by state legislatures but now by direct election (Seventeenth Amendment), approves or rejects presidential nomi- nations and treaties, and serves as the court and jury in impeachment proceedings. Debate within the Senate is unlimited. The president pro tempore usually presides, but the vice-president of the United States is the presiding officer, and may vote to break a tie. Senate elected terms are for six years, re-electable without limit, to persons who are at least 30 years of age. 55CLEP Article Il—Executive ‘The President of the United States is elected for a four-year term, originally electable without limit (the Twenty-second Amendment limits election to two terms), and must be at least 35 years old. Responsibilities for the president as outlined in the Constitution in- clude acting as the chief of state, the chief executive, commander-in-chief of the armed forces, the chief diplomat, and chief legislator. Article lll—Judiciary While the Constitution describes the Supreme Court in Article IIL, the actual construction of the court system was accomplished by the Judiciary Act of 1789. The Supreme Court has jurisdiction for federal courts and appellate cases on appeal from lower courts Article 1V—Interstate Relations This article guarantees that court decisions and other legal actions (marriage, incorporation, etc.) valid in one state are valid in another. Ex- tradition of criminals (and, originally, runaway slaves) and the exchange of citizenship benefits are likewise guaranteed. Article IV also provides for the admission of new states and guarantees federal protection against invasion and violence for each state. States admitted maintain the same status as the original states. All states are guaranteed a republican form of government. Article V—Amendment Process Amendments are proposed by a two-thirds vote of each house of Con- gress or by a special convention called by Congress upon the request of two-thirds of the state legislatures. Amendments are ratified by three- fourths of the state legislatures or state conventions. Article VI—Supremacy Clause Article VI sets up the hierarchy of laws in the United States. The Constitution is the “supreme law of the land” and supersedes treaties. Treaties supersede federal laws, federal laws (later to include federal regu- latory agency directives) supercede state constitutions, s cal laws respectively. All federal and state officials must take an oath to support and defend the Constitution. te laws, and lo- including judges,The United States Constitution (1787-1789) Article Vil—Ratification This article specified the ratification process necessary for the Consti- tution to take effect. Nine of the original 13 states had to ratify the Consti- tution before it became operative. Amendments to the Constitution The Amendments to the Constitution guarantee certain individual rights and amend original dictates of the Constitution. The first ten amendments are known as the Bill of Rights. Freedom of religion, speech, press, assembly, and government peti- tion (1791) 2. Right to bear arms in a regulated militia (1791) ‘Troops will not be quartered (housed) in private citizens’ homes (1791) 4, Protects ag rant) (1791) inst unreasonable search and seizure (need for search war- 5. Protect the rights of the accused, including required indictments, double jeopardy, self-incrimination, due process, and just compensa- tion (1791) 6. Guarantees a speedy and public trial, the confrontation by witnesses, and the right to call one’s own witnesses on behalf (1791) Guarantees a jury trial (1791) Protects against excessive bail and cruel and unusual punishment (1791) 9. States that all rights not enumerated are nonetheless retained by the people (1791) 10. States that all powers not specifically delegated to the federal govern ment are retained by the states (1791) 11. States may not be sued by individuals (1798) 12. Dictates that electors will cast separate ballots for president and vice president; in the event of no clear winner, the House will select the president and the senate the vice-president (1804) 13. Abolished slavery (1865) 14. Extended citizenship to all persons; made Confederate debt void and Confederate leaders ineligible for public office; states which denied voting rights to qualified citizens (blacks) would have their represen 87CLEP 19. 20. tation in Congress reduced; conferred “dual” citizenship (both of the United States and of a specific state) on all citizens (1868) Extended voting rights to blacks (1870) Legalized the income tax (1913) Provided for the direct election of senators (1913) Prohibited the general manufacture, sale, and use of alcoholic bever- ages (1919) Extended voting rights to women (1920) Changed inauguration date from March 4 to January 20; eliminated the “lame duck” session of Congress (after the November elections) (1933) Repealed the Eighteenth Amendment (1933) Limited presidents to two terms (1951) Gave presidential electoral votes to the District of Columbia (1961) Prohibited poll taxes (1964) Changed the order of the presidential line of succession and provided guidelines for presidential disability (1967) Extended voting rights to 18-year-olds (1971) Restricted the practice of congressional salary adjustment (1992) SEPARATION AND LIMITATION OF POWERS Powers Reserved for the Federal Government Only + Foreign commerce regulation * Interstate commerce regulation + Mint money * Create and establish post offices + Regulate naturalization and immigration + Grant copyrights and patents + Declare and wage war, declare peace + Admit new states * Fix standards for weights and measuresThe United States Constitution (1787-1789) + Raise and maintain an army and navy * Govern the federal city (Washington, D.C.) + Conduct relations with foreign powers * Universalize bankruptey laws Powers Reserved for the State Governments Only * Conduct and monitor elections + Establish voter qualifications + Provide for local governments + Ratify proposed amendments to the Constitution + Regulate contracts and wills + Regulate intrastate commerce + Provide education for its citizens + Levy direct taxes (the Sixteenth Amendment permits the federal government to levy direct taxes) ‘+ Maintain police power over public health, safety and morals + Maintain integrity of state borders Powers Shared by Federal and State Governments + Taxing, borrowing, and spending money * Controlling the militia * Acting directly on individuals Restrictions on the Federal Government + No ex post facto laws No bills of attainder * Two-year limit on appropriation for the military + No suspension of habeus corpus (except in a crisis) * One port may not be favored over another + All guarantees as stated in the Bill of Rights 59CLEP Restrictions on State Governments * May not enter into treaties, alliances, or confederations + Letters of marque and reprisal may not be granted + Contracts may not be impaired + Money may not be printed or bills of credit emitted + No import or export taxes * May not wage war (unless invaded) Required Percentages of Voting Actions which require a simple majority include raising taxes, request- ing appropriations, declaring war, increasing the national debt, instituting a draft, and introducing impeachment charges (House). Actions which require a two-thirds majority include overriding a presi- dential veto, proposing amendments to the Constitution, expelling a mem- ber of Congress (in the individual house only), ratifying treaties (Senate), acting as a jury for impeachment (Senate), ratifying presidential appoint- ments (Senate). The action which requires a three-fourths majority is approving a pro- posed constitutional amendment (states). 60