The US Constitution Still Relevant Is the US

The US Constitution: Still Relevant? Is the US Constitution Still Relevant?

Is the US Constitution Still Relevant?

Topics… In the Beginning…Colonies of Great Britain The Articles of Confederation Why the Articles of Confederation failed The 2 nd Constitution Important Founding Principles 227 Years of Evolution & Change in American Government Is the US Constitution Still Relevant?

In the Beginning: Colonies of Great Britain

Articles of Confederation Our first constitution (first modern consititution) Drafted 1777 De facto Implementation: 1781 De jure Implementation: 1783/ Treaty of Paris By 1786: Risk of financial collapse – Annapolis Convention – charge to “minor repair” the Articles of Confederation

Why the Articles of Confederation Failed Why were they failing? “HAVE” powers of the national government Declare war Appoint higher military officers Borrow money Postal system Indian Affairs

Why the Articles of Confederation Failed “HAVE-NOT” powers of the national government Could not draft troops Could not tax Could not require compliance with national laws All states equal in Congress Required unanimity for major decisions of Congress

Why the Articles of Confederation Failed The best government we could have under the circumstances Fought a rebellion/revolution against centralized authority (British Crown) – tremendous fear of centralized authority 13 colonies became 13 independent countries/each granted sovereignty by the British Crown Limited experience at self-governance under British rule Former colonies had been set up to fail by the British Crown

2 nd Constitution Philadelphia Convention 1787 Madison & Hamilton architects for change Response to failure of the Articles of Confederation Drafted while Jefferson was in Paris

2 nd Constitution: Founding Principles Commitment to a stronger central government Adoption of Federalism (essentially power-sharing between national government and state governments) Democracy (Republic) BUT limited and controlled by states – fear of “the mob” More detail/more specifics Separation of powers doctrine/checks & balances Bill of Rights (afterthought)

2 nd Constitution: Evolution & Change Growth in population Growth in number of states Evolution of national power “Blessed isolation” Slavery - - - Civil War - - National Supremacy prevails Changing regional and global condidtions Emergence of US as world power/superpower

2 nd Constitution: Evolution & Change Power of the US Courts to interpret the meaning/intent of the Founding Fathers Problem of “period amendments” 2 nd amendment 3 rd amendment Rise of Presidential Power/Delcine of Legislative Power Decline of the power/authority of the various states

Is the US Constitution Still Relevant? CONVERSATION 1. Would the Founding Fathers be pleased or angered by today’s political America? 2. What are still the best aspects of the US Constitution in 2015? 3. What are the major problems/shortcomings of the US Constitution in 2015? 4. What could we change? What doesn’t need changing?

My answers to the questions… 1. I think the Founding Fathers et al would be pleased and impressed with the overall progress 2. Best aspects: remains a sound design - greatest political experiment in human history – many radical ideas 3. Major problems: federal design – inefficiency of institutional design – Electoral College – not designed for political parties – 4. What could change: diffic ult to change fundamentals of Constitution – Reform Agenda best approach

Wisdom of Thomas Jefferson… "I am not an advocate for frequent changes in laws and constitutions, but laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths discovered and manners and opinions change, with the change of circumstances, institutions must advance also to keep pace with the times. We might as well require a man to wear still the coat which fitted him when a boy as civilized society to remain ever under the regimen of their barbarous ancestors. "

Thank you! Fred Lokken Truckee Meadows Community College 775. 673. 7148 flokken@tmcc. edu