Defining Interstate Relations and Defining Constitutional Powers

While the Constitution allows a certain amount of autonomy for the states, it also lays out specific rules for how the states must interact with one another as a part of this Union.

Interstate Relations - Article IV
A4 S1 - give full faith and credit to every other state's public acts, records, and judicial proceedings
  full faith & credit clause
As long as the conditions surrounding the record, act, license, etc. are similar between the states, each state is expected to recognize the records, judicial rulings, licenses, of other states (rule of reciprocity)

A4 S2 - extend to every other state's citizens the privileges and immunities of its own citizens
  privileges & immunities clause
A state cannot discriminate against a citizen of another state in the application of law just because they are from another state

A4 S2 - agree to return persons who are fleeing from justice in another state back to their home state
  extradition clause
States must be willing to extradite persons fleeing justice when requested and not knowingly harbor them

Defining Constitutional Power
Since the federal court system has the power to interpret the Constitution (What's that called? Where did it come from?), it stands to reason that they would be the ones to define the limits of Constitutional power when it is in dispute.

McCulloch v Maryland - 1819
  - at question: the necessary & proper clause
  - decision defines: validity of n&p clause; supremacy clause

McCulloch v Maryland: Part 1

McCulloch v Maryland: Part II

Gibbons v Ogden - 1824
  - at question: state power v national power
  - decision defines: extension of commerce clause

Ratification of the Constitution

Once the Constitution is presented to the people, they break into two camps; Federalists & Antifederalists

Federalists
   - want strong national government
   - supported by merchants, artisans, large farmers
   - believed large republic could best protect individual liberty

Antifederalists
   - feared a strong national government
   - supported by small farmers
   - believed only a small republic could protect individual liberty

How do you convince enough people to support the Constitution in order for it to be ratified?
The Federalist Papers
A series of essays penned and published widely in order to explain the virtue of the Constitution

Publius

Alexander Hamilton

James Madison

John Jay

Federalist Paper No.10

Federalist Paper No.51

Effective push for ratification, but they are still short Virginia & New York. Strong Antifederalist feelings demand guarantees that their liberties will not be usurped by an oppressive national government.
Madison's promise: A Bill of Rights

Note the 1st two listed and not ratified

Madison also built in a way to change/modify the constitution should the need arise. The process of amending the Constitution is diagrammed in figure 2-3 on p58 of your book. Or you can reference the chart below.

So, now you understand the Constitution and its ratification... or do you??

Charles Beard's thesis: An Economic Interpretation of the Constitution of the United States of America

Basic conclusions offered are as follows:

I) The US constitution was enacted to protect the interests of: a) the moneyed classes (the rich), b) the bond and stock holding classes (the rich speculators), c) the manufacturing interests (rich capitalists), and trade and shipping interests (the rich capitalist speculators).

II) The constitution was the result of an elite group of men representing the aforementioned interests.

III) The constitutional convention held in Philadelphia was organized undemocratically by the aforementioned elite group of men to secure the aforementioned interests.

IV) Those not holding the aforementioned interests (the poor) were excluded from participation in the constitutional process.

V) Those participating in the Philadelphia convention personally benefited from the outcome of that convention (the constitution).

VI) The US constitution is a document protecting private property rights over that of a democratic people and/or its government.

VII) These assertions are on record as evidenced by the property and monetary interests of those who proposed and passed the US constitution.

VIII) In the ratification of the US constitution, 3/4 of the qualified voters were excluded by some means or another, aiding the 1/4 who benefited from the passage of the constitution.

IX) The ratification of the US constitution was further narrowed down to where only 1/6 of the qualified voters participated in its passing.

X) Therefore, the majority of qualified voters did not participate in the ratification of the US constitution.

XI) This 1/6 who ratified the constitution were the same minority who held large holdings in money, bonds and stocks, manufacturing, and trade and shipping.

XII) The main societal divisions in the ratification of the US constitution were among classes cited in i) and the farming and debtor classes at that time.

XIII) The constitution was therefore not created by "the people," but by the those motivated by the monetary interests cited in

So.... America.... majoritarian theory, pluralist theory, elitist theory?

The Constitutional Convention

What was the goal of the Constitutional Convention? For that matter, what was the goal for the Constitution?

In attendance...

Alexander Hamilton

James Madison
Father of the Constitution

Ben Franklin

Oh....wait

Ben Franklin

The bottom line:
     Since a unitary system (British crown governance) is abhorrent to the Americans, yet the confederal system (US under the Articles) didn't work, what are they to do? Is there anyway to revise the Articles to make them function?
Short answer: No

Madisonian Model
        a federal republic with vast separation of powers contained within and a system of power-checks
              (see figure 2-2 on p 51)

              or this diagram

Compromises
      Great
      3/5
      Electoral College
      Regulation of trade/ excise taxes
      Justices of the Supreme Court

What they ended up with
    - popular sovereignty
    - republican government
    - limited government w/ written laws
    - separation of powers w/ checks
    - federal system that allows for certain sovereign state rights