The Constitution itself, and the story behind it

The Constitution itself, and the story behind it



Convention at Philadelphia: The writing of the Constitution (1787)

Preamble. Why a Constitutional Convention was necessary. Personalities and issues, compromises and deals. Problems in getting the convention started. The “Virginia Plan”: The first draft of the Constitution. Struggle for power: The controversy over representation. The controversy over slavery. Executive and judicial branches. Throwing the “unanimity rule” out the window. Benjamin Franklin's speech in favor of the Constitution. Conclusion: Getting the Constitution written was a miracle.

Constitutional Convention, 1787

States' rights: The conflict between the “several states” and the federal government

States' rights was a major issue in the Civil War. People were willing to fight and die for their views on the subject. The federal Constitution is the “supreme law of the land.” There are certain things that states cannot do. States have responsibilities to other states in the Union. States have responsibilities to citizens of their state (and others). What rights do states have under the Constitution? A partial list of some recognized “states' rights.” The advantages that states derived (and continue to derive) from the Union. Certain powers “reserved to the states respectively” under the Tenth Amendment. States' rights and the Confederacy. The Confederacy went against the Constitution during the Civil War, but not all advocacy for “states' rights” is pro-Confederate. The truth about “states' rights” is somewhere in the middle.

Early American flag, commonly known as the "Betsy Ross" flag

The Congress: Its power to make laws, and the president's power to veto them (in some cases)

The Congress is divided into two houses. Powers of the Congress (such as the power to declare war). Taxation: Congress's most important single power. The debate over “implied powers” centers around both the commerce clause, and the “necessary and proper” clause. Alexander Hamilton commented on the latter of these two clauses in the Federalist Papers, and so did James Madison. What powers are “not delegated” to the federal government? (The debate continues … ) A majority of both houses constitutes “a quorum to do business,” unless the president vetoes it, which means that the necessary votes would go up to two-thirds. What if the president doesn't respond at all? (The Constitution's answer) The presidential veto applies to all bills, orders, resolutions, and votes (except adjournment). The veto is an important check.

United States Congress

Congress versus the president: Five limits on presidential power (besides impeachment)

Impeachment is not the only check on the president's power. Can presidents prevent the Congress from meeting for years on end? Can presidents adjourn Congress indefinitely, when both houses agree on times to adjourn to? Can members of Congress hold other political offices that report to the president? Can presidents arrest members of Congress at the times when the legislature is in session? Can presidents hold titles of nobility (like “king” or “queen”)? The answer to all of these questions is “no.”

Capitol Dome

Powers of Congress: A few reasons why the Congressional elections are important

The most controversial part of the original Constitution was … a LIST. The Congress shall have the power: To tax. To borrow money. To regulate commerce. To regulate immigration and bankruptcy. To coin money and fix standards of weights and measures. To punish counterfeiting. To establish post-offices and post-roads. To authorize patents and copyrights. To create new courts. To punish maritime crimes, and “offences against the law of nations.” To declare war. To raise and support armies. To provide and maintain a navy. To make rules for the military. To call forth the militia. To regulate the militia. To exercise authority over the capital and other federal buildings. To make laws “necessary and proper” to bring the others into effect. The last clause was the most controversial. This list continues to be controversial, but for a different reason now. The importance of the Congressional elections.

Capitol Dome

Elected officials: A few ways that the Constitution keeps our politicians under control

Politicians: The problem of every society … Qualifications for Senators and Representatives from age, state residency, and U. S. citizenship. Qualifications for the President and Vice President from age, residency, and U. S. birth citizenship. Are two-term former Presidents ineligible to be chosen as Vice President? (Scholars disagree about this … ) Elected officials must take the oath of office to support the Constitution. Those who commit treason after taking the oath are ineligible to hold further office. Congress can regulate “times, places, and manner” of holding elections (in at least some cases). Congress can only do “secret votes” if more than 80% of a particular house votes for it. How much public money can be used to pay Senators, Representatives, and Presidents? How much public money can be used to pay federal judges? Conclusion: The Constitution keeps politicians in this country on a short leash.

United States Capitol

Frequency of elections: So how long can all of these people serve, anyway?

Two-year term for the House of Representatives. Why Senate elections are held every two years, when the terms are for six years. Everyone has a Congressional election every two years. The importance of midterm elections. Voter registration deadlines. Invitation to participate.

Constitution of the United States

Representation: So who decides how many votes each state gets?

The census is mandated by the Constitution. Number of votes each state gets in the House of Representatives is dependent upon the census. Census must be every ten years. Quotes from the Constitution about the census. Re-drawing district maps with each new census. We can't have proportional representation without at least some risk of gerrymandering; and it would seem that we need some amount of proportional representation, as well as equal representation. Potential for changing districts when the map is re-drawn. Number of votes in presidential elections comes directly from the number of votes in Congress. Quotes from the Constitution about the presidential elections. This process later modified by the Twelfth Amendment in 1804. Quotes about the electoral college. There must be a majority of the electors (with a backup plan if no candidate has one). Electoral votes for Washington D. C.

Census Bureau headquarters in Suitland, Maryland

Indigenous policies: The clauses about Native Americans

The Three-Fifths Clause said “excluding Indians not taxed,” and so did the Fourteenth Amendment (ratified 1868). The Commerce Clause mentioned regulating commerce “with the Indian tribes.” The original Constitution mentioned citizenship status, and so did the Fourteenth Amendment … and a citizenship act in 1924. The mixed legacy of the Fourteenth Amendment in some ways. The positive legacy of the Fourteenth and Fifteenth Amendments. Conclusion: The United States Constitution had a massive effect on Native Americans.

Choctaw removal in the Trail of Tears, 1831

Slavery: The complicated legacy of the “Three-Fifths Clause”

It appeared on the surface to be one kind of racism, but in reality was another. The North and South had a bit of an unexpected role reversal here, because any higher representation from slaves actually meant more power for the White South. Both sides knew it was hypocritical. Another protection from slavery came from a forgotten provision in this clause, which the Federalist Papers actually defended. The reason given by the Federalist Papers sounded a lot better than the real reason … When the Three-Fifths Clause was abolished, the South actually got more powerful than before. The Three-Fifths Clause has a complicated legacy.

Slave dance to banjo, 1780's

The presidency: Making decisions for the police, military, and foreign diplomacy

Limits on how often the president can be re-elected. The controversy over executive power at the Constitutional Convention. Why have a single executive? Partly, because it responds to emergencies faster! Another reason for a single executive: Higher visibility means easier accountability. The comparative anonymity of individual members of the legislature (and the solution for it). Powers of the executive (including law enforcement, military, and diplomatic powers). The president may also delegate power to others, including Cabinet officials. Executive checks on other branches (such as vetoing laws and nominating judges). How the president is elected. Removing presidents from office via impeachment and conviction (to be continued in next chapter).

The White House

Impeachment and removal: The most dramatic checks upon the power of presidents

The executive and judicial branch can have conflicts of interest at times, so all branches of the government are subject to impeachment and removal from office. There is a difference between impeachment and removal from office upon conviction. How impeachment and removal from office work, according to the Constitution. President may grant reprieves and pardons, “except in cases of impeachment.” Impeachment is an important check. Actual attempts at removing presidents from office via impeachment (and conviction). One president resigned under the threat of impeachment (and subsequent removal). Impeachment is an important check even when it's just threatened. Impeachment gives presidents a major incentive to obey the law. Impeachment saves bloodshed and violence. Actual impeachments of non-presidents (including judges).

Richard Nixon

The courts: “Good behaviour,” some important judicial powers, and how they're appointed

De facto lifetime appointment. How federal courts are created, and how state judiciaries are interconnected. Checks on the power of the police and the president. Power to strike down laws deemed “unconstitutional.” Why we sometimes need this power. Potential for abuse. The power of appointing judges (and who has it). The need to be careful about who we appoint.

United States Supreme Court

Miscellaneous: Amendment process, “supreme law of the land,” and some closing remarks

Slave Importation Clause, which was temporarily protected from being amended. Compromises over slavery are a thing of the past. Amendments are “valid to all intents and purposes” as part of the Constitution. The Bill of Rights and the abolition of slavery: The most important amendments. The Constitution is the “supreme law of the land.” How much did the Constitution accomplish? (An answer from a Founding Father). The Constitution was a smashing success.

Abraham Lincoln, a major supporter of the Thirteenth Amendment

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