Lecture Notes: The Creation and Impact of the U.S. Constitution

Introduction

• Narrator's Context:
  • Funding by Annenberg Foundation.
  • Citizenship as a high calling.

Significance of the Constitution

• Dan Harris:
  • Constitution as an experiment in government.
  • Rule by people instead of rulers.
  • Creation during a crisis in 1787.
  • Men involved were uncertain of success.
• Founding Fathers' Image:
  • 19th-century historians mythologized them.
  • They're often seen as demigods or larger-than-life figures.
  • Real men faced real challenges.

Historical Context

• Early American Government:
  • 150 years as separate British colonies.
  • Independence in 1776 with Declaration of Independence.
  • Articles of Confederation failed to unify states.
• Shays' Rebellion:
  • Highlighted the weakness under the Articles.
  • A catalyst for constitutional change.

Constitutional Convention

• Context:
  • Called to fix the Articles of Confederation.
  • Delegates included George Washington, James Madison.
  • Washington trusted; Madison had a clear plan.
• Challenges:
  • Secrecy for candor.
  • Hot, uncomfortable conditions.

Structure of Government

• Madison's Plan:
  • Central government with three branches:
    • Legislature: Most crucial.
    • Executive: Follows legislature.
    • Judiciary: Checks legality.
• Separation of Powers:
  • Prevents any branch from having too much power.
  • Checks and balances system.

Key Compromises

• Executive Branch:
  • Debate on whether it should be a committee or an individual.
  • Electoral College as a compromise.
• Congress:
  • Bicameral legislature:
    • House of Representatives (proportional representation).
    • Senate (equal representation for states).
  • Three-Fifths Compromise regarding the counting of slaves for representation.

Issues and Shortcomings

• Slavery:
  • Three-Fifths Compromise allowed slavery issues to persist.
  • Article V allowed for amendments acknowledging imperfection.
• Bill of Rights:
  • Initially omitted, later added by Congress.

Later Impacts and Cases

• Gideon v. Wainwright:
  • Clarence Gideon’s case established the right to counsel.
  • Supreme Court ruled unanimously, reinforcing the application of the 14th Amendment.

Separation of Powers and Presidential Authority

• Truman and the Steel Seizure:
  • Truman seized steel mills during Korean War.
  • Supreme Court ruled against him in Youngstown Steel vs. Sawyer.
  • Reinforced limits on presidential power.
  • Justice Jackson's concurring opinion outlined three categories of presidential power.

Conclusion

• Constitution's Legacy:
  • Continues to adapt and impact American law.
  • Founders’ realistic perspective on the Constitution’s capabilities and limitations.
• Modern Interpretation:
  • Separation of powers is tested and upheld.
  • Gideon's case and Truman's experiences highlighted the evolving nature of constitutional law.