Transcript for:
Understanding the Constitution's Origins and Development

this is American government Third Edition an  OpenStax textbook all OpenStax textbooks   are covered under a Creative Commons license and  are completely free. You can find this audiobook   anywhere you listen to podcasts including Spotify YouTube Apple podcasts and more. Narrated by Brian Barrick and Sarah Arya. Chapter 2. The Constitution and its Origins. The U.S Constitution is one of the world's most  enduring symbols of democracy it is also the   oldest and shortest written constitutions of the  modern era still in existence its writing was by   no means inevitable however in many ways  the Constitution was both the culmination   of American and British political thought about  government power and a blueprint for the future   it is tempting to think of the framers of  the Constitution as a group of like-minded   men aligned in their lofty thinking regarding  Rights and Freedoms this assumption makes it   hard to oppose constitutional principles in modern  day politics because people admire the longevity   of the Constitution and like to consider its  ideals above Petty partisan politics however the   Constitution was designed largely out of necessity  following the failure of the first revolutionary   government and it featured a series of pragmatic  compromises among its disparate stakeholders   it is therefore quite appropriate that more  than 225 years later the U.S government still   requires compromise to function properly how  did the Constitution come to be written what   compromises were needed to ensure the ratification  that made it into law this chapter addresses these   questions and also describes why the Constitution  remains a living changing document foreign [Music] 2.1 the pre-revolutionary period and the  roots of the American political tradition   learning objectives by the end of this section  you'll be able to identify the origins of the core   values in American political thought including  ideas regarding representational government   summarize Great Britain's actions leading to  the American Revolution American political   ideas regarding Liberty and self-government did  not suddenly emerge full-blown at the moment the   colonists declared their independence from Britain  the varied strands of what became the American   Republic had many roots reaching far back in  time and across the Atlantic Ocean to Europe   indeed it was not new ideas but old ones that  led the colonists to revolt and form a new nation   political thought in the American colonies the  beliefs and attitudes that led to the call for   Independence had long been an important part of  colonial life of all the political thinkers who   influenced American beliefs about government  the most important is surely John Locke the   most significant contributions of Locke a 17th  century English philosopher where his ideas   regarding the relationship between government  and natural rights which were believed to be   god-given rights to life liberty and property  Locke was not the first Englishman to suggest   that people had rights the British government had  recognized its duty to protect the lives Liberties   and property of English citizens long before  the settling of its North American colonies   in 1215 King John signed Magna Carta a promise  to his subjects that he and future monarchs   would refrain from certain actions that harmed or  had the potential to harm the people of England   prominent in Magna carta's many Provisions are  protections for life liberty and property for   example one of the document's most famous Clauses  promises no free men shall be taken imprisoned or   in any way destroyed except by the lawful Judgment  of his peers or by the law of the land although it   took a long time for modern ideas regarding due  process to form this Clause lays the foundation   for the fifth and sixth amendments to the U.S  Constitution while Magna Carta was intended to   Grant protections only to the English Barons  who were in revolt against King John in 1215   by the time of the American Revolution English  subjects both in England and in North America had   come to regard the document as a Cornerstone of  Liberty for men of all stations a right that had   been recognized by King John the first in 1215 but  the people had actually possessed long before them   the rights protected by Magna Carta had been  granted by the king and in theory a future king   or queen could take them away the natural rights  lock described however had been granted by God and   thus could never be abolished by human beings even  Royal ones or by the institutions they created   so committed were the British to the protection of  these natural rights that when the Royal Stewart   Dynasty began to intrude upon them in the 17th  century Parliament removed King James II already   disliked because he was Roman Catholic in the  Glorious Revolution and invited his Protestant   daughter and her husband to rule the nation  before offering the throne to William and Mary   however parliament passed the English Bill of  Rights in 1689. a Bill of Rights is a list of   the Liberties and protections possessed by a  nation's citizens the English Bill of Rights   heavily influenced by Locke's ideas enumerated  the rights of English citizens and explicitly   guaranteed rights to life liberty and property  this document would profoundly influence the U.S   Constitution and Bill of Rights American colonists  also shared Locke's concept of property rights   according to Locke anyone who invested labor in  the Commons the land forests water animals and   other parts of nature that were free for the  taking might take as much of these as needed   by cutting trees for example or building a fence  around a field the only restriction was that no   one could take so much that others were deprived  of their right to take from The Commons as well   in the colonist's eyes all free white males  should have the right to acquire property   and once it had been acquired government had the  duty to protect it the rights of women remained   greatly limited for many more years perhaps the  most important of Locke's ideas that influenced   the British Settlers of North America were those  regarding the origins and purpose of government   most Europeans of the time believed the  institution of monarchy had been created by God   and kings and queens had been divinely appointed  to rule Locke however theorized that human beings   not God had created government people sacrificed  a small portion of their freedom and consented   to be ruled in exchange for the government's  protection of their lives Liberty and property   Locke called this implicit agreement between a  people and their government the social contract   should government deprive people of their  rights by abusing the power given to it the   contract was broken and the people were  no longer bound by its terms the people   could thus withdraw their consent to obey and  form another government for their protection   the belief that government should not deprive  people of their Liberties and should be   restricted in its power over citizens lives was an  important factor in the controversial decision by   the American colonies to declare independence from  England in 1776. for lock withdrawing consent to   be ruled by an established government and forming  a new one meant replacing one Monarch with another   for those colonists intent on rebelling however  it meant establishing a new nation and creating a   new government one that would be greatly Limited  in the power it could exercise over the people   the desire to limit the power of government is  closely related to the belief that people should   govern themselves this core tenet of American  political thought was rooted in a variety of   traditions first the British government did  allow for a degree of self-government laws were   made by Parliament and property owning males were  allowed to vote for representatives to Parliament   thus Americans were accustomed to the idea of  representative government from the beginning   for instance Virginia established its House of  Burgesses in 1619. upon their arrival in North   America a year later the English separatists who  settled the Plymouth Colony commonly known as the   pilgrims promptly authored the Mayflower Compact  an agreement to govern themselves according to the   laws created by the male voters of the colony by  the 18th century all the colonies had established   legislatures to which men were elected to make  the laws for their fellow colonists when American   colonists felt that this long-standing tradition  of Representative self-government was threatened   by the actions of Parliament and the king the  American Revolution began the American Revolution   the American Revolution began when a small and  vocal group of colonists became convinced the King   and Parliament were abusing them and depriving  them of their rights by 1776 they had been living   under the rule of the British government for  more than a century and England had long treated   the 13 colonies with a degree of benign neglect  each colony had established its own legislature   taxes imposed by England were low and property  ownership was more widespread than in England   people readily proclaimed their loyalty to  the king for the most part American colonists   were proud to be British citizens and had  no desire to form an independent nation   all this began to change in 1763 when the seven  years war between Great Britain and France came   to an end and Great Britain gained control of  most of the French territory in North America   the colonists had fought on behalf of Britain  and many colonists expected that after the war   they would be allowed to settle on land west  of the Appalachian Mountains that had been   taken from France however their hopes were not  realized hoping to prevent conflict with Indian   tribes in the Ohio Valley parliament passed  the Proclamation of 1763 which forbade the   colonists to purchase land or settle west of the  Appalachian Mountains to pay its debts from the   war and maintain the troops that left behind to  protect the colonies the British government had   to take new measures to raise revenue among the  acts passed by parliament were laws requiring   American colonists to pay British merchants  with gold and silver instead of paper currency   and a mandate that suspected Smugglers betrayed  in vice admiralty courts without jury trials   what angered the colonists most of all however  was the imposition of direct taxes taxes imposed   on individuals instead of on transactions  because the colonists had not consented   to direct taxation their primary objection  was that it reduced their status as free men   the right of the people or their representatives  to consent to taxation was enshrined in both Magna   Carta and the English Bill of Rights taxes were  imposed by the House of Commons one of the two   houses of the British Parliament the North  American colonists however were not allowed   to elect representatives to that body in their  eyes taxation by Representatives they had not   voted for was a denial of their rights members of  the House of Commons and people living in England   had difficulty understanding this argument all  British subjects had to obey the laws passed   by parliament including the requirement to pay  taxes those who were not allowed to vote such   as women and black people were considered to have  virtual representation in the British legislature   Representatives elected by those who could  vote made laws on behalf of those who could not   many colonists however maintained that anything  except direct representation was a violation of   their rights as English subjects the first such  tax to draw the ire of colonists was the Stamp   Act passed in 1765 which required that almost all  paper goods such as diplomas land Deeds contracts   and newspapers have Revenue stamps placed on  them the outcry was so great that the new tax   was quickly withdrawn but its repeal was soon  followed by a series of other tax acts such as   the Townsend acts in 1767 which imposed taxes on  many everyday objects such as glass tea and paint   the taxes imposed by the Townsend Acts were as  poorly received by the colonists as the Stamp   Act had been the Massachusetts legislature  sent a petition to the king asking for relief   from the taxes and requested that other colonies  join in a boycott of British manufactured goods   British officials threatened to suspend the  legislatures of colonies that engaged in a   boycott and in response to a request for help  from Boston's Customs collector sent a warship   to the city in 1768. a few months later  British troops arrived and on the evening   of March 5th 1770 an altercation erupted  outside the customs house shots rang out   as the soldiers fired into the crowd several  people were hit three died immediately Britain   had taxed the colonists without their consent  now British soldiers had taken colonists lives   following this event later known as the  Boston Massacre resistance to British rule   grew especially in the colony of Massachusetts  in December 1773 a group of Boston men boarded   a ship in Boston Harbor and through its cargo of  tea owned by the British East India Company into   the water to protest British policies including  the granting of a monopoly on T to the British   East India Company which many Colonial Merchants  resented this act of defiance became known as   the Boston Tea Party in the 2010s many who did  not agree with the positions of the Democratic   or the Republican Party organized themselves  into an oppositional group dubbed the Tea Party   in the early months of 1774 Parliament responded  to this latest Act of colonial Defiance by passing   a series of laws called the coercive acts intended  to punish Boston for leading resistance to British   rule and to restore order in the colonies  these acts virtually abolished Town meetings   in Massachusetts and otherwise interfered  with the colony's ability to govern itself   this assault on Massachusetts and its economy  enraged people throughout the colonies and   delegates from all the colonies except Georgia  formed the First Continental Congress to create a   unified opposition to Great Britain among other  things members of the institution developed a   declaration of rights and grievances in May 1775  delegates met again in the second continental   congress by this time war with Great Britain  had already begun following skirmishes between   Colonial militiamen and British troops  at Lexington and Concord Massachusetts   Congress drafted a declaration of causes  explaining the colony's reasons for Rebellion   on July 2nd 1776 Congress declared American  independence from Britain and two days later   signed the Declaration of Independence drafted by  Thomas Jefferson the Declaration of Independence   officially proclaimed the colony's separation  from Britain in it Jefferson eloquently laid   out the reasons for Rebellion God he wrote  had given everyone the rights of life liberty   and the pursuit of happiness people had created  governments to protect these rights and consented   to be governed by them so long as government  functioned as intended however whenever any   form of government becomes destructive of these  ends it is the right of the people to alter or   to abolish it and to Institute new governments  Britain had deprived the colonists of their rights   the king had established an absolute tyranny over  these states just as their English forebears had   removed King James II from the throne in 1689  the colonists now wish to establish a new rule   Jefferson then proceeded to list the many ways  in which the British monarch had abused his power   and failed in his duties to his subjects the King  Jefferson charged had taxed the colonists without   the consent of their elected representatives  interfered with their trade denied them the   right to trial by jury and deprived them of their  right to self-government such intrusions on their   rights could not be tolerated with their signing  of the Declaration of Independence the founders   of the United States committed themselves  to the creation of a new kind of government foreign the Articles of Confederation learning objectives by the end  of this section you'll be able   to describe the steps taken during and after  the American Revolution to create a government   identify the main features of the Articles of  Confederation describe the crises resulting from   key features of the Articles of Confederation  waging a successful war against Great Britain   required that the individual colonies now  sovereign states that often distrusted one another   form a unified Nation with a central government  capable of directing the country's defense   gaining recognition and aid from foreign  nations would also be easier if the new   United States had a national government  able to borrow money and negotiate treaties   accordingly the Second Continental Congress called  upon its delegates to create a new government   strong enough to win the country's Independence  but not so powerful that it would deprive people   of the very Liberties for which they were  fighting putting a new government in place   the final draft of the Articles of Confederation  which formed the basis of the new nation's   government was accepted by Congress in November  1777 and submitted to the states for ratification   it would not become the law of the land until  all 13 states had approved it within two years   all except Maryland had done so Maryland argued  that all territory west of the Appalachians to   which some states had laid claim should instead  be held by the national government as public land   for the benefit of all the states when the last of  these states Virginia relinquished its land claims   in early 1781 Maryland approved the Articles  a few months later the British surrendered   Americans wished their new government to be  a republic a regime in which the people not a   monarch held power and elected representatives to  govern according to the rule of law many however   feared that a nation as large as the United States  could not be ruled effectively as a republic   many also worried that even a government of  Representatives elected by the people might become   too powerful and overbearing thus a confederation  was created an entity in which independent   self-governing states form a union for the purpose  of acting together in areas such as defense   fearful of replacing one oppressive national  government with another however the framers   of the Articles of Confederation created an  alliance of sovereign states held together by a   weak central government following the Declaration  of Independence each of the 13 states had drafted   and ratified a constitution providing for a  republican form of government in which political   power rested in the hands of the people although  the right to vote was limited to free white men   and the property requirements for voting differed  among the states each state had a governor and an   elected legislature in the new nation the states  remained free to govern their residents as they   wished the central government had authority to  act in only a few areas such as National Defense   in which the states were assumed to have a common  interest and would indeed have to supply militias   this Arrangement was meant to prevent the  national government from becoming too powerful   or abusing the rights of individual citizens  in the careful balance between power for the   national government and liberty for the states  the Articles of Confederation favored the states   thus powers given to the central  government were severely limited   the Confederation Congress formerly the  Continental Congress had the authority   to exchange ambassadors and make treaties with  foreign governments and Indian tribes declare war   coin currency and borrow money and settle disputes  between states each state legislature appointed   delegates to the Congress these men could be  recalled at any time regardless of its size or the   number of delegates it chose to send each state  would have only one vote delegates could serve   for no more than three consecutive years lest a  class of elite professional politicians develop   the nation would have no independent chief  executive or judiciary nine votes were   required before the central government could  act and the Articles of Confederation could   be changed only by unanimous approval of all  13 states what went wrong with the Articles   the Articles of Confederation satisfied the desire  of those in the new nation who wanted a weak   central government with limited power ironically  however their very success led to their undoing   it soon became apparent that while they protected  the sovereignty of the states the Articles had   created a central government too weak to function  effectively one of the biggest problems was that   the national government had no power to impose  taxes to avoid any perception of taxation without   representation the Articles of Confederation  allowed only state governments to Levy taxes   to pay for its expenses the national government  had to request money from the states which were   required to provide funds in proportion to  the value of the land within its borders   the states however were often negligent  in this Duty and the national government   was underfunded without money it could not  pay debts owed from The Revolution and had   trouble conducting foreign affairs for example  the inability of the U.S government to raise   sufficient funds to compensate colonists who had  remained loyal to Great Britain for their property   losses during and after the American Revolution  was one of the reasons the British refused to   evacuate the land west of the Appalachians the  new nation was also unable to protect American   ships from attacks by the Barbary Pirates foreign  governments were also understandably reluctant to   loan money to a nation that might never repay it  because it lacked the ability to tax its citizens   the fiscal problems of the central government  meant that the currency it issued called the   Continental was largely worthless and people were  reluctant to use it furthermore while the Articles   of Confederation had given the national government  the power to coin money they had not prohibited   the States from doing so as well as a result  numerous State Banks issued their own banknotes   which had the same problems as the Continental  people who were unfamiliar with the reputation   of the banks that had issued the banknotes often  refused to accept them as currency this reluctance   together with the overwhelming debts of the states  crippled the young nation's economy the country's   economic woes were made worse by the fact that  the central government also lacked the power   to impose tariffs on Foreign imports or regulate  interstate commerce thus it was unable to prevent   British merchants from flooding the U.S market  with low priced Goods After the Revolution and   American Producers suffered from the competition  compounding the problem states often impose   tariffs on items produced by other states and  otherwise interfered with their neighbor's trade   the national government also lacked the power to  raise an army or navy fears of a standing army and   the enemploy of a tyrannical government had led  the writers of the Articles of Confederation to   leave defense largely to the states although  the central government could declare war and   agree to peace it had to depend upon the states  to provide soldiers if State Governors chose not   to honor the national government's request the  country would lack an adequate defense this was   quite dangerous at a time when England and Spain  still controlled large portions of North America   problems with the Articles of Confederation   weaknesses of the Articles of Confederation  the national government could not impose   taxes on citizens It could only request money  from the states this was a problem because   requests for money were usually not honored  as a result the national government did not   have money to pay for National Defense  or fulfill its other responsibilities   the national government could not regulate  foreign trade or interstate commerce   this was a problem because the government  could not prevent foreign countries from   hurting American competitors by shipping  inexpensive products to the United States   it could not prevent States from passing  laws that interfered with domestic trade   the national government could not raise an army it  had to request the states to send men this was a   problem because state governments could choose not  to honor congress's request for troops this would   make it hard to defend the nation each state had  only one vote in Congress regardless of its size   this was a problem because populist  states were less well represented   the Articles could not be changed without a  unanimous vote to do so this was a problem   because problems with the Articles could not be  easily fixed there was no National judicial system   this was a problem because judiciaries are  important enforcers of national government power   the weaknesses of the Articles of Confederation  already recognized by many became apparent   to all as a result of an uprising of  Massachusetts farmers led by Daniel Shays   known as Shea's Rebellion the incident panicked  the governor of Massachusetts who called upon the   national government for assistance however with  no power to raise an army the government had no   troops at its disposal after several months  Massachusetts crushed the uprising with the   help of local militias and privately funded  armies but wealthy people were frightened by   this display of unrest on the part of poor men and  by similar incidents taking place in other states   to find a solution and resolve problems related to   Commerce members of Congress called for a  revision of the Articles of Confederation   milestone Shea's Rebellion symbol of disorder and  impetus to act in the summer of 1786 farmers in   Western Massachusetts were heavily in debt facing  imprisonment and the loss of their lands they   owe taxes that had gone unpaid while they were  away fighting the British during the revolution   the Continental Congress had promised to  pay them for their service but the national   government did not have sufficient money  moreover the farmers were unable to meet   the onerous new tax burden Massachusetts imposed  in order to pay its own debts from the revolution   led by Daniel Shays the heavily indebted Farmers  marched to a local courthouse demanding relief   faced with the refusal of many Massachusetts  militiamen to arrest the rebels with whom they   sympathized Governor James bodoin called upon the  national government for aid but none was available   the uprising was finally brought to an end  the following year by a privately funded   militia after the protesters unsuccessful  attempt to raid the Springfield Armory   were Shays and his followers justified in their  attacks on the government of Massachusetts   what rights might they have sought to protect [Music] 2.3 the development of the Constitution learning  objectives by the end of this section you will   be able to identify the conflicts present and the  compromise is reached in drafting the Constitution   summarize the core features of the structure  of U.S government under the Constitution   in 1786 Virginia and Maryland invited  delegates from the other 11 states to   meet in Annapolis Maryland for the purpose  of revising the Articles of Confederation   however only five states sent Representatives  because all 13 states had to agree to any   alteration of the Articles the convention  in Annapolis could not accomplish its goal   two of the delegates Alexander Hamilton and  James Madison requested that all states send   delegates to a convention in Philadelphia the  following year to attempt once again to revise   the Articles of Confederation all the states  except Rhode Island chose delegates to send   to the meeting a total of 70 men in all but many  did not attend among those not in attendance were   John Adams and Thomas Jefferson both of whom were  overseas representing the country as diplomats   because the shortcomings of the Articles of  Confederation proved impossible to overcome   the convention that met in Philadelphia in 1787  decided to create an entirely new government   points of contention 55 delegates arrived in  Philadelphia in May 1787. for the meeting that   became known as the Constitutional Convention many  wanted to strengthen the role and authority of   the national government but feared creating  a central government that was too powerful   they wished to preserve State autonomy although  not to a degree that prevented the States from   working together collectively or made them  entirely independent of the will of the   national government while seeking to protect the  rights of individuals from government abuse they   nevertheless wish to create a society in which  concerns for Law and Order did not give way in the   face of Demands for individual liberty they wished  to give political rights to all free men but also   feared mob rule which many felt would have been  the result of Shay's Rebellion had it succeeded   delegates from small states did not want their  interests pushed aside by delegations from more   populous states like Virginia and everyone  was concerned about slavery representatives   from Southern States worried that delegates from  states where it had been or was being abolished   might try to Outlaw the institution those  who favored a Nation free of the influence   of slavery feared that Southerners might attempt  to make it a permanent part of American society   the only decision that all could agree on was the  election of George Washington the former commander   of the Continental Army and hero of the American  Revolution as the president of the convention   the question of representation  small States versus large states   one of the first differences among the delegates  to become clear was between those from large   states such as New York and Virginia and those  who represented small states like Delaware when   discussing the structure of the government  under the new constitution the delegates   from Virginia called for a bicameral  legislature consisting of two houses   the number of Estates representatives in each  house was to be based on the state's population   in each state representatives in the lower  house would be elected by popular vote   the representatives would then select their  State's representatives in the upper house   from among candidates proposed by the state's  legislature once a representative's term in the   legislature had ended the representative could not  be re-elected until an unspecified amount of time   had passed delegates from small states objected to  this Virginia plan another proposal the New Jersey   Plan called for a unicameral legislature with  one house in which each state would have one vote   thus smaller States would have the same power  in the National legislature as larger States   however the larger States argued that because they  had more residents they should be allotted more   legislators to represent their interests slavery  and freedom another fundamental division separated   the states following the revolution some of the  northern states had either abolished slavery or   instituted Plans by which enslaved men and women  would gradually be emancipated Pennsylvania for   example had passed the act for the gradual  abolition of slavery in 1780. all people   born in the state to enslaved mothers after the  Law's Passage would become indentured servants   to be set free at age 28. in 1783 Massachusetts  had freed all enslaved people within the state   many Americans believed slavery was opposed to the  ideals stated in the Declaration of Independence   others felt it was inconsistent with the  teachings of Christianity some white people   feared for their safety if the enslaved population  or Americans Reliance on slavery were to increase   although some Southerners shared similar  sentiments none of the Southern States had   abolished slavery and none wanted the Constitution  to interfere with the institution in addition   to supporting the agriculture of the South  enslaved people could be taxed as property   and counted as population for purposes of  a state's representation in the government   Federal Supremacy versus State sovereignty perhaps  the greatest division among the states split those   who favored a strong national government  and those who favored limiting its powers   and allowing states to govern themselves in most  matters supporters of a strong central government   argued that it was necessary for the survival  and efficient functioning of the new nation   without the authority to maintain and command  an Army and Navy the nation could not defend   itself at a time when European powers still  maintained formidable empires in North America   without the power to tax and regulate trade the  government would not have enough money to maintain   the nation's defense protect American farmers and  manufacturers from foreign competition create the   infrastructure necessary for Interstate Commerce  and Communications maintain foreign embassies or   pay federal judges and other government officials  furthermore other countries would be reluctant to   loan money to the United States if the federal  government lacked the ability to impose taxes in   order to repay its debts besides giving more  power to populous states the Virginia Plan   also favored a strong national government that  would legislate for the states in many areas and   would have the power to veto laws passed by state  legislatures others however feared that a strong   national government might become too powerful and  use its authority to oppress citizens and deprive   them of their rights they advocated for a central  government with sufficient authority to defend the   nation but insisted that other powers be left to  the states which were believed to be better able   to understand and protect the needs and interests  of their residents such delegates approved the   approach of the New Jersey Plan which retained  the unicameral Congress that had existed under   the Articles of Confederation it gave additional  power to the national government such as the power   to regulate interstate and foreign Commerce and  to compel states to comply with laws passed by   Congress however States still retained a lot of  power including power over the national government   Congress for example could not impose  taxes without the consent of the states   furthermore the nation's chief executive appointed  by the Congress could be removed by Congress if   State Governors demanded it individual liberty  versus social stability the belief that the King   and Parliament had deprived colonists of  their Liberties had led to the Revolution   and many feared the government of the United  States might one day attempt to do the same   they wanted and expected their new government to  guarantee the rights of life liberty and property   others believed it was more important for the  national government to maintain order and this   might require it to limit personal Liberty at  times all Americans however desired that the   government not intrude upon people's rights  to life liberty and property without reason   compromise and the Constitutional  design of American government   beginning in May 1787 and throughout the long  hot Philadelphia summer the delegations from   12 States discussed debated and finally after  compromising many times by September had worked   out a new blueprint for the nation the document  they created the U.S Constitution was an ingenious   instrument that allayed fears of a too powerful  central government and solved the problems that   had beleaguered the national government under the  Articles of Confederation for the most part it   also resolved the conflicts between small and  large states northern and southern states and   those who favored a strong federal government  and those who argued for State sovereignty   the Great Compromise the Constitution consists  of a preamble and seven articles the first three   articles divide the national government into  three branches Congress the executive branch   and the federal judiciary and describe  the powers and responsibilities of each   in Article 1 ten sections describe the structure  of Congress the basis for representation and the   requirements for serving in Congress the length  of congressional terms and the power of congress   the national legislature created by the  article reflects the compromises reached   by the delegates regarding such issues as  representation slavery and National Power   after debating at length over whether the  Virginia plan or the New Jersey Plan provided   the best model for the nation's legislature  the framers of the Constitution had ultimately   arrived at what is called the Great Compromise  suggested by Roger Sherman of Connecticut   Congress it was decided would consist of  two Chambers the Senate and the House of   Representatives each state regardless of  size would have two senators making for   equal representation as in the New Jersey Plan  representation in the house would be based on   population senators were to be appointed by state  legislatures A variation on the Virginia Plan   members of the House of Representatives would  be popularly elected by the voters in each state   elected members of the house would be limited  to two years in office before having to seek   re-election and those appointed to the Senate  by each State's political Elite would serve a   term of six years Congress was given great power  including the power to tax maintain an Army and   the Navy and regulate trade and commerce Congress  had Authority that the national government lacked   under the Articles of Confederation it could also  coin and borrow money grant patents and copyrights   declare war and establish laws regulating  naturalization and bankruptcy while legislation   could be proposed by either chamber of Congress  it had to pass both Chambers by a majority vote   before being sent to the president to be signed  into law and all bills to raise revenue had to   begin in the House of Representatives only  those men elected by the voters to represent   them could impose taxes upon them there would  be no more taxation without representation   the Three-Fifths Compromise and the debates over  slavery the Great Compromise that determined the   structure of Congress soon led to another debate  however when States took a census of their   population for the purpose of allotting House  Representatives should enslaved people be counted   southern states were adamant that they should  be while delegates from northern states were   vehemently opposed arguing that representatives  from Southern States could not represent the   interests of those enslaved if enslaved people  were not counted however Southern States would   have far fewer representatives in the house than  northern states did for example if South Carolina   were allotted Representatives based solely on  its free population it would receive only half   the number it would have received if enslaved  people who made up approximately 43 percent of   the population were included the Three-Fifths  Compromise resolved the impasse although not   in a manner that truly satisfied anyone for the  purposes of congressional apportionment slave   holding states were allowed to count all their  free population including free African Americans   and 60 percent or three-fifths of their  enslaved population to mollify the north   the compromise also allowed counting sixty  percent of a state's enslaved population for   federal taxation although no such taxes were  ever collected another compromise regarding   the institution of slavery granted Congress the  right to impose taxes on Imports in exchange for   a 20-year prohibition on laws attempting to ban  the importation of enslaved people to the United   States which would hurt the economy of Southern  States more than that of northern states because   the southern states especially South Carolina had  made it clear they would leave the convention if   abolition were attempted no serious effort was  made by the framers to abolish slavery in the new   nation even though many delegates disapproved of  the institution indeed the Constitution contained   two protections for slavery Article 1 postponed  the abolition of the foreign slave trade until   1808 and in the interim those in slave holding  states were allowed to import as many enslaved   people as they wished furthermore the Constitution  placed no restrictions on the domestic slave   trade so residents of one state could still  sell enslaved people to other states Article   4 of The Constitution which among other things  required states to return Freedom Seekers to the   states where they had been charged with crimes  also prevented the enslaved from Gaining their   freedom by escaping to states where slavery had  been abolished Clause 3 of article 4 known as the   Fugitive Slave Clause allowed enslavers to reclaim  the enslaved in the states where they had fled   separation of powers and checks and balances  although debates over slavery and representation   in Congress occupied many at the convention the  chief concern was the challenge of increasing   the authority of the national government while  ensuring that it did not become too powerful   the framers resolved this problem through a  separation of powers dividing the national   government into three separate branches and  assigning different responsibilities to each one   they also created a system of checks and  balances by giving each of three branches of   government the power to restrict the actions of  the others thus requiring them to work together   Congress was given the power to make laws but the  executive branch consisting of the president and   the vice president and the federal Judiciary  notably the Supreme Court were created to   respectively enforce laws and try cases arising  under federal law neither of these branches had   existed under the Articles of Confederation thus  Congress can pass laws but its power to do so can   be checked by the president who can veto potential  legislation so that it cannot become a law   later in the 1803 case of Marbury vs Madison  the U.S Supreme Court established its own   authority to rule on the constitutionality  of laws a process called judicial review   other examples of checks and balances include the  ability of Congress to limit the president's veto   should the President veto a bill passed by  both houses of Congress the bill is returned to   Congress to be voted on again if the bill passes  both the House of Representatives and the Senate   with a two-thirds vote in its favor it becomes law  even though the president has refused to sign it   Congress is also able to limit the president's  power as commander-in-chief of the Armed   Forces by refusing to declare war  or provide funds for the military   to date the Congress has never refused a  president's request for a declaration of war   the president must also seek the advice and  consent of the Senate before appointing members   of the Supreme Court and ambassadors and the  Senate must approve the ratification of all   treaties signed by the president Congress may even  remove the president from office to do this both   chambers of Congress must work together the House  of Representatives impeaches the president by   bringing formal charges against the president and  the Senate tries the case in a preceding overseen   by the Chief Justice of the Supreme Court the  president is removed from office if found guilty   according to political scientist Richard  newstat the system of separation of powers   and checks and balances does not so much allow  one part of government to control another as it   encourages the branches to cooperate instead of  a true separation of powers the Constitutional   Convention created a government of separated  institutions sharing powers for example knowing   the president can veto a law the president  disapproves Congress will attempt to draft   a bill that addresses the president's concerns  before sending it to the White House for signing   similarly knowing that Congress can override a  veto the president will use this power sparingly   Federal power versus state power the  strongest guarantee that the power of   the national government would be restricted and  the states would retain a degree of sovereignty   was the framer's creation of a federal system of  government in a federal system power is divided   between the federal or national government and the  state governments great or explicit Powers called   enumerated powers were granted to the federal  government to declare war impose taxes coin and   regulate currency regulate foreign and Interstate  Commerce raise and maintain an Army and the Navy   maintain a post office make treaties with foreign  Nations and with Native American tribes and make   laws regulating the Naturalization of immigrants  all powers not expressly given to the national   government however were intended to be exercised  by the states these powers are known as reserved   powers thus States remained free to pass laws  regarding such things as interstate commerce   Commerce within the borders of a state and  marriage some Powers such as the right to Levy   taxes were given to both the state and federal  governments both the states and the federal   government have a chief executive to enforce the  laws a governor and the president respectively and   a system of Courts although the states retained a  considerable degree of sovereignty the supremacy   clause in article 6 of The Constitution proclaimed  that the constitution laws passed by Congress and   treaties made by the federal government were  the supreme law of the land in the event of   a conflict between the states and the national  government the national government would Triumph   furthermore although the federal government  was to be limited to those Powers enumerated   in the Constitution Article 1 provided for the  expansion of congressional powers if needed   the necessary and proper clause of Article 1  provides that Congress may quote make all laws   which shall be necessary and proper for carrying  into execution the foregoing enumerated powers   and all other powers vested by this  constitution in the government of the   United States or in any department or officer  thereof the Constitution also gave the federal   government control over all territory or  other property belonging to the United States   this would prove problematic when as the United  States expanded Westward and population growth   led to an increase in the power of the  northern states and Congress the federal   government sought to restrict the expansion  of slavery into newly acquired territories thank you 2.4 the ratification of the Constitution learning  objectives by the end of the section you will be   able to identify the steps required to ratify  the Constitution describe arguments the framers   raised in support of a strong national government  and counterpoints raised by the Anti-Federalists   on September 17 1787 the delegates to the  Constitutional Convention in Philadelphia   voted to approve the document they had  drafted over the course of many months   some did not support it but the majority did  before it could become the law of the land however   the Constitution faced another hurdle it had to  be ratified by the states the ratification process   article 7 the final article of the Constitution  required that before The Constitution could become   law and a new government could form the document  had to be ratified by nine of the 13 states   11 days after the delegates at the Philadelphia  Convention approved it copies of the Constitution   were sent to each of the states which were to  hold ratifying conventions to either accept or   reject it this approach to ratification was an  unusual one since the authority inherent in the   Articles of Confederation and the Confederation  Congress had rested on the consent of the states   changes to the nation's government should also  have been ratified by the state legislatures   instead by calling upon state legislatures  to hold ratification conventions to approve   the Constitution the framers avoided asking  the legislators to approve a document that   would require them to give up a degree of their  own power the men attending the ratification   conventions would be delegates elected by their  neighbors to represent their interests they were   not being asked to relinquish their power in fact  they were being asked to place limits upon the   power of their state legislators whom they may not  have elected in the first place finally because   the new nation was to be a republic in which  power was held by the people through their elected   representatives it was considered appropriate  to leave the ultimate acceptance or rejection   of the Constitution to the nation's citizens if  convention delegates who were chosen by popular   vote approved it then the new government could  rightly claim that it ruled with the consent   of the people the greatest sticking point when  it came to ratification as it had been at the   Constitutional Convention itself was the relative  power of the state and federal governments   the framers of the Constitution believed that  without the ability to maintain and command an   Army and Navy impose taxes and force the states  to comply with laws passed by Congress the Young   Nation would not survive for very long but many  people resisted increasing the powers of the   national government at the expense of the states  Virginia's Patrick Henry for example feared that   the newly created Office of the President would  Place excessive power in the hands of one man   he also disapproved of the federal government's  new ability to tax its citizens this right Henry   believed should remain with the states other  delegates such as Edmund Randolph of Virginia   disapproved of the Constitution because it created  a new Federal Judicial System Their Fear was that   the federal courts would be too far away from  where those who were tried lived state courts were   located closer to the homes of both plaintiffs  and defendants and it was believed that judges and   juries in state courts could better understand  the actions of those who appeared before them   in response to these fears the federal government  created federal courts in each of the states as   well as Maine which was then part of Massachusetts  and Kentucky which was part of Virginia   perhaps the greatest source of dissatisfaction  with the Constitution was that it did not   guarantee protection of individual liberties state  governments had given jury trials to Residents   charged with violating the law and allowed their  residents to possess weapons for their protection   some had practiced religious tolerance  as well the Constitution however did   not contain reassurances that the  federal government would do so   although it provided for habeas corpus and  prohibited both a religious test for holding   office and granting Noble titles some citizens  feared the loss of their traditional rights and   the violation of their liberties this led many  of the Constitution's opponents to call for a   Bill of Rights and the refusal to ratify the  document without one the lack of a Bill of   Rights was especially problematic in Virginia  as the Virginia Declaration of Rights was the   most extensive rights granting document among  the states the promise that a Bill of Rights   would be drafted for the Constitution persuaded  delegates in many states to support ratification   it was clear how some states would vote smaller  States like Delaware favored the Constitution   equal representation in the Senate would give them  a degree of equality with the larger States and   a strong national government with an army at its  command would be better able to defend them than   their state militias could larger States however  had significant power to lose they did not believe   they needed the federal government to defend them  and disliked the prospect of having to provide tax   money to support the new government thus from the  very beginning the supporters of the Constitution   feared that New York Massachusetts Pennsylvania  and Virginia would refuse to ratify it   that would mean all nine of the remaining States  would have to and Rhode Island the smallest state   was unlikely to do so it had not even sent  delegates to the convention in Philadelphia   and even if it joined the other states in  ratifying the document and the requisite   nine votes were cast the new nation would not be  secure without its largest wealthiest and most   populous states as members of the Union Insider  perspective Thomas Jefferson on the Bill of Rights   John Adams and Thomas Jefferson carried  on a lively correspondence regarding the   ratification of the Constitution in the following  excerpt reproduced as written from a letter dated   March 15 1789 after the Constitution had been  ratified by Nine States but before it had been   approved by all 13 Jefferson reiterates  his previously expressed concerns that a   Bill of Rights to protect citizens freedoms was  necessary and should be added to the Constitution   in the arguments in favor of a declaration of  rights I am happy to find that on the whole you   are a friend to this amendment the Declaration of  Rights is like all other human blessings alloyed   with some inconveniences and not accomplishing  fully its object but the good in this instant   vastly overweighs the evil this instrument  the Constitution forms us into one state as   to certain objects and gives us a legislative  and executive body for these objects it should   therefore guard us against their abuses of power  experience proves the inefficacy of a Bill of   Rights true but though it is not absolutely  efficacious under all circumstances it is of   great potency always and rarely inefficacious  there is a remarkable difference between the   inconveniences which attend a declaration of  rights and those which attend the want of it the   inconveniences of the want of a declaration are  permanent afflicting and irreparable they are in   constant progression from bad to worse what were  some of the inconveniences of not having a Bill of   Rights that Jefferson mentioned why did he decide  in favor of having one the ratification campaign   on the question of ratification citizens quickly  separated into two groups Federalists and   Anti-Federalists the Federalists supported it they  tended to be among the elite members of society   wealthy and well-educated landowners businessmen  and former military commanders who believed   a strong government would be better for both  National Defense and economic growth a national   currency which the federal government had the  power to create would ease business transactions   the ability of the federal government to regulate  trade and place tariffs on Imports would protect   Merchants from foreign competition furthermore the  power to collect taxes would allow the national   government to fund internal improvements  like roads which would also help businessmen   support for the Federalists was especially strong  in New England opponents of ratification were   called Anti-Federalists Anti-Federalists feared  the power of the national government and believed   state legislatures with which they had more  contact could better protect their freedoms   although some Anti-Federalists like Patrick  Henry were wealthy most distrusted the elite   and believed a strong federal government would  favor the rich over those of the middling sort   this was certainly the fear of melankton Smith  a New York Merchant and landowner who believed   that power should rest in the hands of small  land-owning farmers of average wealth who are   quote more temperate of better morals and  less ambitious than the Great even members   of the social Elite like Henry feared that the  centralization of power would lead to the creation   of a political aristocracy to the detriment  of State sovereignty and individual liberty   related to these concerns were fears that the  strong central government Federalists advocated   for would Levy taxes on farmers and Planters  who lacked the hard currency needed to pay them   many also believed Congress would impose tariffs  on Foreign imports that would make American   agricultural products less welcome in Europe and  in European colonies in the Western Hemisphere   for these reasons Anti-Federalist sentiment  was especially strong in the south   some Anti-Federalists also believed that the  large federal republic that the constitution   would create could not work as intended  Americans had long believed that virtue   was necessary in a nation where people  govern themselves that is the ability   to put self-interest and Petty concerns  aside for the good of the larger community   in small republics similarities among members  of the community would naturally lead them to   the same positions and make it easier for those in  power to understand the needs of their neighbors   in a larger Republic one that encompassed  nearly the entire Eastern Seaboard and ran   West to the Appalachian Mountains people would  lack such a strong commonality of interests   likewise Anti-Federalists argued the diversity  of religion tolerated by the Constitution   would prevent the formation of a political  Community with shared values and interests   the Constitution contained no Provisions  for government support of churches or of   religious education and article 6 explicitly  forbade the use of religious tests to determine   eligibility for public office this caused  many like Henry Abbott of North Carolina   to fear that government would be placed in the  hands of pagans and mohammedans that is Muslims   it is difficult to determine how many people were  Federalists and how many Were anti-federalists   in 1787. the Federalists won the day but they may  not have been in the majority first the Federalist   position tended to win support among businessmen  large farmers and in the South plantation owners   these people tended to live along the Eastern  Seaboard in 1787 most of the states were divided   into voting districts in a manner that gave more  votes to the eastern part of the state than to the   western part thus in some states like Virginia  and South Carolina small farmers who may have   favored the Anti-Federalist position were unable  to elect as many delegates to State ratification   conventions as those who lived in the east small  settlements may also have lacked the funds to send   the delegates to the convention in all the states  educated men authored pamphlets and published   essays and cartoons arguing either for or against  ratification although many riders supported each   position it is the Federalist essays that are now  best known the arguments these authors put forth   along with explicit guarantees that amendments  would be added to protect individual liberties   help to sway delegates to ratification conventions  in many states for obvious reasons smaller less   populous states favored the Constitution and  the protection of a strong federal government   Delaware and New Jersey ratified the document  within a few months after it was sent to them   for approval in 1787. Connecticut ratified  it early in 1788. some of the larger states   such as Pennsylvania and Massachusetts  also voted in favor of the new government   New Hampshire became the ninth state to  ratify the Constitution in the summer of 1788.   although the Constitution went into effect  following ratification by New Hampshire four   states still remained outside the newly formed  Union two were the wealthy populist States   of Virginia and New York in Virginia James  Madison's active support and the intercession   of George Washington who wrote letters to  the convention changed the minds of many   some who had initially opposed the Constitution  such as Edmund Randolph were persuaded that the   creation of a strong union was necessary for the  country's survival and changed their position   other Virginia delegates were swayed by  the promise that a Bill of Rights similar   to the Virginia Declaration of Rights would  be added after the Constitution was ratified   on June 25th 1788 Virginia became  the 10th state to Grant its approval   the approval of New York was the last major  hurdle facing considerable opposition to the   constitution in that state Alexander Hamilton  James Madison and John Jay wrote a series of   essays beginning in 1787 arguing for a strong  federal government and support of the Constitution   later compiled as the Federalist and now known  as The Federalist Papers these 85 essays were   originally published in newspapers in New York  and other states under the name of Publius a   supporter of the Roman Republic the essays  addressed a variety of issues that troubled   citizens for example in Federalist number  51 attributed to James Madison the author   assured readers they did not need to fear that  the national government would grow too powerful   the federal system in which power was divided  between the national and state governments and   the division of authority within the federal  government into separate branches would prevent   any one part of the government from becoming too  strong furthermore tyranny could not arise in a   government in which the legislature necessarily  predominates finally the desire of office holders   in each branch of government to exercise the  powers given to them described as personal   motives would encourage them to limit any attempt  by the other branches to overstep their Authority   according to Madison ambition must be made to  counteract ambition other essays counter different   criticisms made of the Constitution and echoed the  argument in favor of a strong national government   in Federalist number 35 for example Hamilton  argued that people's interests could in fact   be represented by men who were not their neighbors  indeed Hamilton asked rhetorically would American   citizens best be served by a representative whose  observation does not travel beyond the circle of   his neighbors and his acquaintances or by someone  with more extensive knowledge of the world   to those who argued that a merchant and  landowning Elite would come to dominate   Congress Hamilton countered that the majority of  men currently sitting in New York State Senate   and assembly were landowners of moderate wealth  and that Artisans usually chose Merchants they're   natural patrons and friends to represent them  an aristocracy would not arise and if it did   its members would have been chosen by lesser men  similarly Jay reminded New Yorkers in Federalist   number two that Union had been the goal of  Americans since the time of the revolution   a desire for Union was natural among people of  such similar sentiments who were United to each   other by the strongest ties and the government  proposed by the Constitution was the best means   of achieving that Union objections that an elite  group of wealthy and educated Bankers businessmen   and large landowners would come to dominate the  nation's politics were also addressed by Madison   in Federalist number 10. Americans need not  fear the power of factions or special interests   he argued for the Republic was too big and the  interests of its people too diverse to allow the   development of large powerful political parties  likewise elected representatives who were expected   to possess the most attractive Merit would protect  the government from being controlled by an unjust   and interested majority who were biased in favor  of the their own interests for those who worried   that the president might indeed grow too ambitious  or king-like Hamilton in Federalist number 68   provided assurance that placing the leadership  of the country in the hands of one person was not   dangerous electors from each state would select  the president because these men would be members   of a transient body called together only for the  purpose of choosing the president and would meet   in separate deliberations in each state they would  be free of corruption and Beyond the influence   of the Heats and ferments of the voters indeed  Hamilton argued in Federalist number 70. instead   of being afraid that the president would become a  tyrant Americans should realize that it was easier   to control one person than it was to control  many furthermore one person could also act with   an energy that Congress did not possess making  decisions alone the presidents could decide what   action should be taken faster than could Congress  whose deliberations because of its size were   necessarily slow at times the decision activity  secrecy and dispatch of the chief executive might   be necessary the arguments of the Federalists were  persuasive but whether they actually succeeded in   changing the minds of New Yorkers is unclear once  Virginia ratified the Constitution on June 25th   1788 New York realized that it had little choice  but to do so as well if it did not ratify the   Constitution it would be the last large state that  had not joined the union thus on July 26 1788 the   majority of delegates to New York's ratification  convention voted to accept the Constitution   a year later North Carolina became the 12th state  to approve alone and realizing it could not hope   to survive on its own Rhode Island became the last  state to ratify nearly two years after New York   had done so finding a middle ground term limits  one of the objections raised to the Constitution's   new government was that it did not set term  limits for members of Congress or the president   those who opposed a strong central government  argued that this failure could allow a   handful of powerful men to gain control of the  nation and Rule it for as long as they wished   although the framers did not anticipate the idea  of career politicians those who supported the   Constitution argued that re-electing the president  and reappointing Senators by state legislatures   would create a body of experienced men who  could better guide the country through crises   a president who did not prove to be  a good leader would be voted out of   office instead of being re-elected in fact  presidents long followed George Washington's   example and limited themselves to two terms  only in 1951 after Franklin Roosevelt had   been elected four times was the 22nd Amendment  passed to restrict the presidency to two terms   our term limits a good idea should they have  originally been included in the Constitution   why or why not are there times when term  limits might not be good foreign [Music] 2.5 constitutional change learning objectives  by the end of this section you will be able to   describe how the Constitution can be formally  amended explain the contents and significance   of the Bill of Rights discuss the importance  of the 13th 14th 15th and 19th amendments   a major problem with the Articles of Confederation  had been the nation's inability to change them   without the unanimous consent of all the states  the framers learned this lesson well one of the   strengths they built into the Constitution was  the ability to amend it to meet the nation's needs   reflect the Changing Times and address concerns  or structural elements they had not anticipated   the amendment process since ratification in 1789  the Constitution has been amended only 27 times   the first 10 amendments were added in 1791.  responding to charges by Anti-Federalists   that the Constitution made the national  government too powerful and provided no   protections for the rights of individuals  the newly elected federal government tackled   the issue of guaranteeing Liberties for American  citizens James Madison a member of Congress from   Virginia took the lead in drafting 19 potential  changes to the Constitution Madison followed   the procedure outlined in Article 5 that says  amendments can originate from one of two sources   first they can be proposed by Congress then  they must be approved by a two-thirds majority   in both the house and the Senate before being  sent to the states for potential ratification   states have two ways to ratify or defeat a  proposed amendment first if three-quarters   of State legislatures vote to approve an  amendment it becomes part of the Constitution   second if three-quarters of State ratifying  conventions support the amendment it is ratified   a second method of proposal of an amendment allows  for the petitioning of Congress by the states   upon receiving such petitions from two-thirds of  the States Congress must call a convention for   the purpose of proposing amendments which  would then be forwarded to the states for   ratification by the required three-quarters  all the current constitutional amendments were   created using the first method of proposal via  Congress having drafted 19 proposed amendments   Madison submitted them to Congress only  12 were approved by two-thirds of both the   Senate and the House of Representatives  and sent to the states for ratification   of these only 10 were accepted by three quarters  of the state legislatures in 1791 these first 10   amendments were added to the Constitution  and became known as the Bill of Rights   the ability to change the Constitution has made  it a flexible living document that can respond   to the nation's changing needs and has helped  it remain in effect for more than 225 years   at the same time the framers made amending the  document sufficiently difficult that it has not   been changed repeatedly only 17 Amendments  have been added since the ratification of   the first ten one of these the 27th Amendment  was among Madison's rejected nine proposals   recent conversations about needed Amendments  have related to women's rights flag burning   and reforming the Electoral College to date none  of these has advanced key constitutional changes   the Bill of Rights was intended to quiet the fears  of anti-federalists that the constitution did   not adequately protect individual liberties and  thus encourage their support of the new national   government many of these first ten amendments were  based on provisions of the English Bill of Rights   and the Virginia Declaration of Rights for example  the right to bear arms for protection Second   Amendment the right not to have to provide shelter  and provision for soldiers and peacetime Third   Amendment the right to trial by jury sixth and  seventh amendments and protection from excessive   fines and from cruel and unusual punishment  Eighth Amendment are taken from the English   Bill of Rights the Fifth Amendment which requires  among other things that people cannot be deprived   of their life liberty or property except by a  legal proceeding was also greatly influenced by   English law as well as the protections granted to  Virginians in the Virginia Declaration of Rights   other Liberties however do not derive from British  precedence the protections for religion speech   the press and assembly that are granted by the  First Amendment did not exist under English law   the right to petition the government did however  the prohibition in the First Amendment against   the establishment of an official Church by the  federal government differed significantly from   both English presidents and the practice of  several States that had official churches   the Fourth Amendment which protects Americans from  unwarranted search and seizure of their property   was also new the 9th and 10th amendments were  intended to provide yet another assurance that   people's rights would be protected and that the  federal government would not become too powerful   the ninth amendment guarantees that Liberties  extend beyond those described in the preceding   documents this was an important  acknowledgment that the protected   rights were extensive and the government  should not attempt to interfere with them   the Supreme Court for example has held that the  ninth amendment protects the right to privacy   even though none of the preceding amendments  explicitly mentions this right the Tenth Amendment   one of the firsts submitted to the states for  ratification ensures that states possess all   powers not explicitly assigned to the federal  government by the Constitution this guarantee   protects States reserved powers to regulate  such things as marriage divorce and Interstate   transportation and commerce and to pass laws  affecting education and public health and safety   of the later amendments only won the 21st repealed  another amendment the 18th which had prohibited   the manufacture import export distribution  transportation and sale of alcoholic beverages   other amendments Rectify problems that have Arisen  over the years or that reflect Changing Times   for example the 17th Amendment ratified in  1913 gave voters the right to directly elect   U.S senators the 20th Amendment which was ratified  in 1933 during the Great Depression moved the date   of the presidential inauguration from March  to January in a time of Crisis like a severe   economic depression the president needed to take  office almost immediately after being elected and   modern Transportation allowed the new president to  travel to the nation's capital quicker than before   the 22nd Amendment added in 1955 limits  the president to two terms in office and   the 27th Amendment first submitted  for ratification in 1789 regulates   the implementation of laws regarding salary  increases or decreases for members of Congress   of the remaining amendments four are of especially  great significance the 13th 14th 15th and 19th   amendments are the result of long-fought campaigns  by supporters of abolition and the expansion   of voting rights to all citizens regardless of  gender or race these campaigns gathered momentum   During the Reconstruction Era when prominent  abolitionist Frederick Douglass argued that   African-American men had earned the right to vote  by their service during the Civil War and women's   rights leaders such as Susan B Anthony and Ida B  Wells organized to promote voting rights for women   the 13th 14th and 15th amendments ratified at the  end of the Civil War changed the lives of African   Americans who had been held in slavery the 13th  amendment abolished slavery in the United States   the 14th Amendment granted citizenship to African  Americans and equal protection under the law   regardless of race or color it also prohibited  States from depriving their residents of life   liberty or property without a legal proceeding  over the years the 14th amendment has been used   to require states to protect most of the same  Federal freedoms granted by the Bill of Rights   the 15th and 19th amendments extended the right to  vote the Constitution had given States the power   to set voting requirements but the states had used  this authority to deny women the right to vote   most States before the 1830s had also used this  authority to deny suffrage to propertyless men   and often to African-American men as well when  states began to change property requirements for   voters in the 1830s many that had allowed  free property owning African-American men   to vote restricted the suffrage to white men  the 15th amendment gave men the right to vote   regardless of race or color but women were still  prohibited from voting in most of the states   after many years of campaigns for suffrage the  19th Amendment finally gave women the right   to vote in 1920. subsequent amendments  further extended the suffrage the 23rd   Amendment ratified in 1961 allowed residents  of Washington DC to vote for the president   the 24th Amendment ratified in 1964 abolished the  use of poll taxes many Southern States had used a   poll tax attacks placed on voting to prevent  poor African Americans from voting thus the   states could circumvent the 15th Amendment they  argued that they were denying African-American men   and women the right to vote not because of their  race but because of their inability to pay the tax   the last great extension of the suffrage  occurred in 1971. in the midst of the Vietnam War   the 26th amendment reduced the voting age from 21  to 18. many people had complained that the young   men who were fighting in Vietnam should have  the right to vote for or against those making   decisions that might literally mean life or death  for them many other amendments have been proposed   over the years including an amendment to guarantee  equal rights to women but all have failed   Insider perspective abolitionist and  suffragist Charlotte Fort and Grimke   more than a century before Amanda Gorman wowed  the country with her inspirational poem at the   2021 inauguration of President Joe Biden and vice  president Kamala Harris another African-American   woman poet was making a difference in Washington  D.C Charlotte 410 was born in Philadelphia in   1837 to a prominent family of abolitionists  she later became a teacher and writer and in   her work Advanced the causes of women's suffrage  and the abolition of slavery during the Civil War   she taught newly freed enslaved people in South  Carolina and later moved to Washington DC where   she taught Secondary School wrote poetry and  participated in social movements related to   race and gender including helping establish the  National Association of Colored Women and fighting   for a woman's right to vote in 1878 she married  Francis J Grimke the nephew of famed abolitionist   Sarah and Angelina Grimke today her longtime home  in the Dupont Circle neighborhood of Washington   is on the national register of historic places  among her many Publications is the inspirational   poem Wordsworth written in honor of romantic poet  William Wordsworth one of her favorite authors   poet of the Serene and thoughtful lay in Youth  Fair Dawn when the soul still untried Longs for   life's conflict and seeks restlessly food  for its Cravings in the stirring songs   the thrilling strains of more impassioned bards  or eager for fresh Joys calls with delight the   flowers that bloom in Fancy's fairy Realm we  may not prize the mild and steadfast Ray that   streams from thy pure soul and tranquil  song but in our riper years when through   the Heat and burden of the day we struggle on  resting the stream upon whose Shores we dreamed   weary of all the turmoil and the din  which drowns the finer voices of the Soul   we turn to thee true priest of Nature's vein and  find the rest our fainting Spirits need the calm   more art and singers cannot give as in the glare  intents of Tropic days gladly return from the   sun's radiant beams and grateful hail Fair Luna's  tender light both Charlotte Fort and Grimke and   Amanda Gorman used their voices through poetry  to give hope to a nation during challenging times   what other challenging times has the U.S faced  and who were the voices of hope that lifted us up   get connected guaranteeing your first amendment  rights the Liberties of U.S citizens are protected   by the Bill of Rights but potential or perceived  threats to these freedoms arise constantly   this is especially true regarding First Amendment  rights read about some of these threats at the   American civil liberties Union ACLU website and  let people know how you feel about these issues   what issue regarding First Amendment  protections causes you the most concern this has been American government  Third Edition an openstax textbook   all openstacks textbooks are covered under a  Creative Commons license and are completely free   for more details visit openstacks.org the music  is Take Me Higher by Jazz R which is also covered   under Creative Commons license his website is  betterwithmusic.com we want to give special thanks   to CC Echo the California Consortium for Equitable  change and Hispanic serving institutions open   educational resources for providing the funding  for this project you can learn more about CC Echo   by visiting hancockcollege.edu CC Echo if you  would like to contact us please email audiobook   fastmail.com thank you for listening and for  sharing this recording with a colleague or friend [Music]