Week 8 Discussion

The Constitution

School House Rock

• http://youtu.be/yHp7sMqPL0g

• The Preamble to the United States Constitution is a brief introductory statement of the fundamental purposes and guiding principles which the Constitution is meant to serve.

Drafting a new form of government

• The idea to draft a new form of government originates with wealthy, power leaders, especially merchants and creditors.

• They move to do this to address numerous trading, revenue raising and law making problems. – Many states had many laws.

Drafting a new Constitution

• Two main figures in the push to draft the constitution: – Alexander Hamilton—

• Ex-aid to Washington during war

• Believed in strong federal government and national control of economy

– James Madison • Representative from Virginia • Also believed in a strong federal

government • Pushed for separation of power

Alexander Hamilton (1755-1804)

James Madison (1751-1836)

Drafting a new Constitution • Hamilton and Madison (with

the support of Washington) petition Confederation Congress to allow a meeting to propose revisions to the current government.

• They have a preliminary meeting in Annapolis, Maryland in 1785. – Few states send delegates (only

5). – After unrest in New England

area (Shays’s Rebellion), more states become interested in the process.

Drafting a new Constitution • Annapolis Convention only

resolves that they will need another meeting: – It is scheduled for 1787 in

Philadelphia • The Philadelphia Convention

(later known as the Constitutional Convention) was met in private, had no public discussion and no official record was kept.

• It was a meeting of “Like-Minded Men”: – All were white, male, and well

educated elites. – 34 lawyers, 30 public creditors, and

20 of the 55 were members of the Society of the Cincinnati.

Drafting a new Constitution

• These men believed that the idea of liberty had extended too far.

• They specifically opposed measures passed by states that limited the collection of taxes, postponed debt payment, and printed money.

• The men looked to limit the power states had, and replace the confederation with a national government that could control finances and create fiscal policies that benefited them.

• They debated many points and compromised with each other to ensure they would produce a document that would get voter approval.

Drafting a new Constitution • New ideas in the new

constitution: – Replace unicameral system (single-house) of the Confederation Congress with a bicameral system (two- houses) that would reflect views of different classes. • This limited direct democracy

– Separation of power by creating independent branches of government: • Legislative (Congress and Senate)

• Judicial (Supreme Court) • Executive (President)

Drafting a new Constitution

• New ideas in the new constitution: – Electoral College for the election of President.

– Representation: • Congress would be proportional to population – Establishes need for census every 10 years

• Senate would be equal for all states, 2 representatives.

Current Electoral Map

Drafting a new Constitution

• Would slaves be considered part of the population? – Southern slave owner delegates wanted them to be counted.

– Abolitionists didn’t. – Compromise was that they would count as “three-fifths” of a free person.

Drafting a new Constitution

• Slavery issue – Southern planter delegates from Georgia and South Carolina opposed any language that regulated the slave trade or limited slavery.

– They argued that if these provisions were added, the South would never vote for it. • It was a bluff. Many voters in the South were against or indifferent to maintaining slavery.

Drafting a new Constitution

• Slavery issue – Eager to adjourn, abolitionist delegates did not challenge the bluff.

– To compromise, Southern delegates dropped their protest to giving Congress the power to regulate international shipping.

– In exchange, clauses were added to the document that: • Protected slave trade for 20 years. • Provided for the return of fugitive slaves– “any person held to serve or labor”.

• No mention of slavery or slaves in document.

Ratification of the new constitution

• The constitution is finalized in September 1787.

• Of 55 delegates, 39 agreed to sign it. Rhode Island was not represented.

• For it to take effect, 9 of the 13 states had to ratify it.

• Immediately after signing, the delegates moved quickly to convince voters to approve the new constitution.

Ratification of the new constitution

• The media spin: – To convince voters to approve the

constitution, delegates of the convention portrayed themselves as a cross-section of American society. • They added the words “We The People”

to emphasize this.

– They also began writing essays and presenting arguments through newspapers in favor of the constitution.

– They called themselves “Federalist” and their opponents “Anti- Federalists”.

Ratification of the new constitution

• Madison and Hamilton began writing essays in favor of the constitution under the pen name Publius.

• The documents are known as the Federalist Papers.

• Through newspaper connections, the Federalist were able to divide the Anti- Federalist and portray them as misguided.

Ratification of the new constitution

• By 1788, most states had passed the constitution. In 1790, Rhode Island approved it.

• Numerous states accepted the document, but through narrow margins. – To ensure victories in several

states, Madison had to promise to write amendments to the constitution to protect certain individual rights.

• Out of a population of almost 3 million, about 100,000 voted for delegates to approve the constitution. Only about 4%.

Bill of Rights

• Madison kept his promise and wrote 12 amendments to the constitution. 10 of them were ratified by three- fourths of the states.

• http://www.law.cornell.edu/ constitution/ constitution.billofrights.html

Left out

• Slaves: Document specified how to count un-free people, but really doesn’t do much more.

• Women: Not addressed at all (until the 19th Amendment in 1920).

• Native Americans: Only referenced to be excluded from the document.

The Constitution today

• Listen to the two NPR stories below. What argument persuades you more?

• Justice Antonin Scalia and the “Dead Constitution” (2007) – http://www.npr.org/templates/story/ story.php?storyId=90011526

– “The Constitution does not change…It means today what it meant when it first was written. … It does not morph.”

• Justice Stephen Breyer on “Active Liberty” (2005) • Argument against “originalist” http://www.npr.org/templates/ story/story.php?storyId=4930456

supremecourt.gov

Using the Constitution in popular culture

• Nina Simone “Revolution (part 1 &2)” (1969)

• https://www.youtube.com/ watch?v=16a3BX-uV4k

• Captain Kirk

• http://youtu.be/CsRo- m9muFE

• Esperanza Spalding “We Are America” (2013)

• http://youtu.be/ c68gcu30MnA

• What other examples can you find of contemporary uses of the U.S. Constitution?

?