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US Constitution study guide: Difference between revisions
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<u>'''Notes on the adoption of the Constitution</u>''':<br> | <u>'''Notes on the adoption of the Constitution</u>''':<br> | ||
• Articles I through VII are the original Constitution as adopted by the Constitutional Convention of 1787 on '''{{#tip-text:September 15, 1787|known as "Constitution Day"}}'''<br> | • Articles I through VII are the original Constitution as adopted by the Constitutional Convention of 1787 on '''{{#tip-text:September 15, 1787|known as "Constitution Day"}}'''<br> | ||
click EXPAND for notes & historical background on the adoption of the U.S. Constitution: | |||
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• the '''{{#tip-text:Congress of the Confederation|the Congress and national government as operating under the authority of the "Articles of Confederation and Perpetual Union"<br> | • the '''{{#tip-text:Congress of the Confederation|the Congress and national government as operating under the authority of the "Articles of Confederation and Perpetual Union"<br> | ||
• considered, the third Continental Congress, the Congress of Confederation was adopted following the end of hostilities in the Revolutionary War in 1781}}''' submitted the proposed Constitution to the states for '''{{#tip-text:"ratification"|Ratification: | • considered, the third Continental Congress, the Congress of Confederation was adopted following the end of hostilities in the Revolutionary War in 1781}}''' submitted the proposed Constitution to the states for '''{{#tip-text:"ratification"|Ratification: | ||
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•• George Washington became the first President on April 30, 1789<br> | •• George Washington became the first President on April 30, 1789<br> | ||
•• a series of amendments, known as the "Bill of Rights", were transmitted to the states for ratification on September 25, 1789<br> | •• a series of amendments, known as the "Bill of Rights", were transmitted to the states for ratification on September 25, 1789<br> | ||
•• ten of the proposed amendments went into effect upon ratification by the 11th state, Virginia (marking 3/4ths of the now 14 states) on December 15, 1791<br><br> | •• ten of the proposed amendments went into effect upon ratification by the 11th state, Virginia (marking 3/4ths of the now 14 states) on December 15, 1791</div> | ||
<u>'''Notes on the adoption of the Bill or Rights (Amendments 1-10)</u>''':<br> | |||
• the first ten amendments to the Constitution are known collectively as the "Bill or Rights" (BOR) and was ratified on Dec 15, 1791<br> | |||
• the BOR protects certain rights of the people and the states from Federal infringement (violation) or otherwise place limits on certain powers of the Federal government regarding indvidual rights<br> | |||
• the BOR protections were originally upon the Federal government and not the states (see annotations in the text of the Constitution below on this topic) | |||
click EXPAND for notes & historical background on the adoption of the Bill or Rights: | |||
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• during the debates over adoption of the Constitution, the '''{{#tip-text:"anti-federalists|Anti-Federalist | |||
* those who argued against adoption of the Constitution were called the "Anti-Federalists" | |||
* i.e., for opposing the arguments of the pro-Constitution "Federalists" | |||
* a group of New York Anti-Federalists called themselves, the "Federal Republican Committee", however they came to be called the "Anti-Federalists" | |||
* Revolution Era hero Patrick Henry was the most prominent Anti-Federalist | |||
* prominent Anti-Federalist pamphlets were signed anonymously as "Brutus", "Centennial," and "A Federal Farmer" | |||
* Anti-Federalists argued that: | |||
** the federal government would be too strong & the presidency was "monarchical" (had powers of a king) | |||
** the federal judiciary had too much autonomy (self-rule) and too few constraints (limits) | |||
** the federal government would negate state powers and rights and would be unresponsive to local needs | |||
* the anti-Federalist legacy includes: | |||
** adoption of the Bill or Rights | |||
** states-rights philosophy or movements that distrust a powerful central government}}'''," who opposed it, argued forcefully that the Constitution gave too much power to the central government and offered no protections for the people and their rights (which were commonly expressed in a "Bill of Rights" in England, the colonies and some of the new states)<br> | |||
• the '''{{#tip-text:Federalists|Federalists | |||
* argued for adoption of the Constitution | |||
* Madison, Alexander Hamilton and John Jay wrote a series of pamphlets called "The Federalist Papers" | |||
** they signed the pamphlets anonymously as "Publius" (likely after a hero of the early Roman Republic, Publius Valerius Publicola) | |||
* the 85 Federalist Papers argued for different aspects of the proposed Constitution, its workings, and the reasons for it | |||
* Madison importantly outlined the concepts of "separation of powers" and "checks and balances" and the need for a "large" republic (a self-governed country led by representatives elected by the people) in order to protect against abuse of a minority (under 50%) by majority (over 50%) rule | |||
* the legacy of the Federalist papers includes: | |||
** philosophical explanation for the structure of the federal government | |||
** expression of "intent" (purpose) by the Founders of the Constitution, especially for Court cases}}''', who supported it, argued that the Constitution merely structed the new central government and therefor any powers or protection not in it belonged to the people <br> | |||
• '''{{#tip-text:James Madison|James Madison | |||
* considered the "Father of the Constitution because he was its principal author and its leading philosophical proponent (explained "why") | |||
* Madison was a leading as a Representative to the House in the first Congress and an important ally and advisor to President George Washington | |||
* Madison was elected on the promise to support a Bill or Rights, and he fulfilled the promise by introducing the Bill of Rights on June 8, 1789 | |||
* Madison became the 4th President (1809-1817)}}''', a Federalist and the principal author of the BOR, did not consider the amendments essential, but he understood the political need for them<br> | |||
•• to resolve the contentious debate over ratification of the Constitution in Massachusetts in Dec 1787-Jan 1788, Revolutionary heroes, Samuel Adams and John Hancock, both anti-Federalists, agreed to support adoption of the Constitution if accompanied by proposed amendments to it, including protection of certain individual rights<br> | |||
• subsequently, Virginia and New York ratified it along with proposed amendments<br> | |||
•• so it was understood that a Bill or Rights would be added to the Constitution following adoption of it and commencement of the new government in 1790<br> | |||
• Madison feared that a general convention, called by the states per Article V, might take the opportunity for direct amendment of the Constitution, as opposed to merely adding the BOR<br> | |||
•• therefore he and the Federalists, who controlled the first Congress, used Article V power for Congress by 2/3rds vote to propose amendments for consideration by the states<br> | |||
•• a series of amendments were introduced to the House of Representatives by Madison, including one to apply the BOR to the states and another to add the protection of natural rights to the Preamble<br> | |||
•• the House approved 17 Articles, the Senate approved 12 <br> | |||
•• the states ratified 10 of them as of Dec 15, 1791<br> | |||
•• one of the two remaining Articles was adopted on May 5, 1992 as the 27th amendment (regarding Congressional compensation)</div> | |||
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