Major Issues of the Constitution

What Solutions of the Past Are They Trying to Keep?  2

What Problems Are the Framers of the Constitution Trying to Solve or What Solutions Are They Trying to Maintain?  2

Reference on the Central Government: Articles of Confederation Compared to the Constitution  4

Reference on the Interconnected System Balances in the Constitution  5

 


What Solutions of the Past Are They Trying to Keep?

Search on such words as treason, speech, press, religion in the Constitution. Look at the sorted list on powers.

What Problems Are the Framers of the Constitution Trying to Solve or What Solutions Are They Trying to Maintain?

Date

What’s the Situation?

What’s the Problem? What’s Solution?

1777

Articles of Confederation – Congressional approves. Basic rules:

- unanimous vote to change the system

- 9 of 13 to pass a law

- can’t tax, but can print money and borrow

 

¾

1777+

State governments

What do they do about executive branch?

 

 

 

1779

Virginia Statute of Religious Freedom (does not pass)

Who wrote it?

 

1781

Articles of Confederation – States ratifiy

¾

1781, 1783…

No support for “impost” (5% on imports to fund nation)

 

1783

Philadelphia insurrection by unpaid military (one of several)

 

1783

Treaty of Paris

- US to protect Loyalists, pay debts (US doesn’t)

- British to leave Ohio Valley

 

1783

1st (of many) state begins to pass protective tariffs

 

1784

Spain blocks Americans from lower Mississippi

 

1784

Post-war economic recession, beginning of

 

 

Issue of British Commercial Treaty

 

1784

Draft of Northwest Ordinance

-Who writes the first draft?

 

1785

“Memorial and Remonstrance” against a bill to provide tax support for support of religion by James Madison

 

1785

Virginia Statute of Religious Freedom (does pass)

- This time submitted to the Virginia legislature by James Madison.

 

1785

Failure to pass treaty with Spain over the Mississippi “forbear[ing]” US use for 25+ years(Jay-Gardoqui)

 

1785

States governments (PA, SC, NC, NY, RI, NJ, GA) issuing paper money

 

1786

Annapolis Convention – interstate commerce issues, but only 12 delegates

 

1786

Daniel Shays’s Rebellion

 

1787-05 -09

Philadelphia Convention

- Who’s often called the “Father of the Constitution”?

- Why a convention?

- Who are the factions there?

   - Big state/small state

   - Slave owners

 

 

1787-07

Northwest Ordinance passes

 

1787-1788

Federalists and Federalist Papers

- Who writes it?

 

Anti-Federalists

- Why?

 

 

1789

Constitution

What’s the method of approval?

 

1789

Bill of Rights

 


Reference on the Central Government: Articles of Confederation Compared to the Constitution

The left column shows common governmental responsibilities. The two columns on the right show whether the responsibility is assigned to the central government with the Articles of Confederation and with the Constitution.

 

 

Central Government With …

 

Articles of Confederation

Constitution

Responsible to conduct foreign affairs

Yes – Congress.

Failure: Jay-Gardoqui Treaty

Yes – Executive with Congressional approval

Responsible to declare war and peace

Yes – Congress

Yes – Congress

Able to coin money

Yes

Yes – Congress

Able to levy taxes

No

Failure: impost duties amendment

Yes – Congress

Able to raise troops

No

Yes – Congress

Able to regulate commerce

No

Failure: No commercial treaty with Britain

Yes – Congress

Method to change the system

13 state legislatures agree

Amendment process –

 

2/3 to propose – Congress or state legislatures

3/4 to ratify – conventions or state legislatures

Method to write laws

9 votes (1 vote per state)

Majority of House and Senate

 


 

Reference on the Interconnected System Balances in the Constitution

A Look at the Interconnections

The examples show a few of the interconnected system balances built into the American governmental system. (Note: Since approximately 1900 there has been an indirect but major change in these system balances. If you’d like details, just ask.) The table highlights how important are the actions of the people in the small-r republican government central to the Constitution.

 

Issue

The People

Congress

President

Judiciary

The States

Compensation

 

Independent compensation

Independent compensation

Independent compensation

 

Division of power and role

Vote

Legislative (writing the law)

Executive (“faithful” execution of the law)

Judicial (judging the law)

 

Impeachment

 

House: impeach. Senate: try all impeachments

Grant reprieves and pardons except in cases of impeachment

 

 

Laws, 3-way division of power

Vote

Write and pass laws. Override Presidential veto.

Approve or veto laws. Execute faithfully the laws.

(Constitutionality of law developed, or clarified, later)

 

Military defense

Right to keep and bear arms

Declarations of war. Control military rules

Commander in Chief

 

 

Responsibility for data collection on system health

- Peaceable assembly. Petition the government for a redress of grievances. Freedom of speech, or of the press. Right to elect representatives who hear their issues. Protections to the people in trials and for transparency even with trials for treason

Cannot abridge rights of the people and the press to assemble, petition, speak, or write. Freedom of speech while serving the people

 

 

Requirement to have representative elections and districts

Treaties

 

With advice and consent of Senate by 2/3 of their votes

Make treaties

 

Cannot make treaties

When, How (as initially written in the Constitution)

Vote directly or indirectly.

House—every 2 years—by voters

Senate—every 6 years—by state legislature

Every 4 years—by electoral college

Supreme Court—for life

 

 

 

 

Copyright C. J. Bibus, Ed.D. 2003-2013

 

WCJC Department:

History – Dr. Bibus

Contact Information:

281.239.1577 or bibusc@wcjc.edu

Last Updated:

2013

WCJC Home:

http://www.wcjc.edu/