2 The Constitution Is this legal? Burning the flag is legal, despite the objections of a majority of...

2The Constitution

Is this legal?

Burning the flag is legal, despite the objections of a majority of American citizens. How can that be? The answer is that it is speech that is constitutionally protected. The Constitution supersedes ordinary law, even when the law represents the wishes of a majority of citizens.

Video: The Big Picture

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2Learning Objectives

Describe the ideas behind the American Revolution and their role in shaping the Constitution

Analyze how the weaknesses of the Articles of Confederation led to its failure

2.1

2.2


Describe the delegates to the Constitutional Convention and the core ideas they shared

Categorize the issues at the Constitutional Convention and outline the resolutions reached on each type of issue

2.3

2.4


Analyze how the components of the Madisonian system addressed the dilemma of reconciling majority rule with the protection of minority interests

Compare and contrast the Federalists and Anti-Federalists in terms of their background and their positions regarding government

2.5

2.6

Learning Objectives

Explain how the Constitution can be formally amended and how it changes informally Understanding the Constitution

Assess whether the Constitution establishes a majoritarian democracy and how it limits the scope of government

2.7

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2.8

Video: The Basics

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Road to Revolution

Declaring Independence

English Heritage: Power of Ideas

American Creed

Winning Independence

“Conservative” Revolution

Origins of the Constitution

Core ideas explored in this section

2.1


Life was good in the colonies (Slaves excepted, of course) Self-governing: Colonial Legislatures – Charters and

Compacts allowed a great deal of autonomy. Reading: Ordinance of 1621

Prosperous

Irritants Reading and discussion questions: The

American Revolution Chapters 1&2 for Tuesday New taxes to finance French and Indian War Enforcement of trade regulations No representation in Parliament: Burke and Virtual

Representation

Road to Revolution 2.1


Britain’s Problem??

FIGURE 2.1: European claims in North America

2.1


Proclamation of 1763

Irritants Sugar Act 1764 (23) Currency Act 1764 Stamp Act 1765 (24) Townshend Duties (31) Quartering Act of 1765 No representation in Parliament (28) Tea Act 1773 (27)

Protests and boycotts Sons of Liberty bring down the stamp Act

Boston Tea Party

Road to Revolution 2.1

…Or…”it’s the economy stupid.” (27)


Intolerable/Coercive Acts

The First Continental Congress 1774 Declarations and Resolves (H.O.)

Reconciliation or revolution?

Thomas Paine’s Common Sense Fanned revolutionary sentiments

Declaring Independence 2.1


Common Sense 2.1


Declaration of Independence Thomas Jefferson: Primary author Justified revolution by listing grievances and asserting

the proper function of government Audience??

The Revolutionaries needed foreign assistance. Their audience was not just their fellow colonists or British citizens back home; they would need foreign assistance to mount a successful revolution against the most powerful country in the world, particularly from Britain’s historic enemy, France.

Declaring Independence: The 2nd Continental Congress

2.1


“Unanimity is essential, we must hang together” John Hancock

“We must indeed all hang together, or, most assuredly, we shall hang separately.”B. Franklin

Delegates in Philadelphia 2.1


John Locke Natural rights Life, liberty, property Purpose of government is to protect

Consent of the governed

Limited government

English Heritage: Power of Ideas

2.1


What is this “declaration” of which you speak?

Analysis ActivityObjectives: •Understand the structure of the Declaration – Its four component parts.

•Identify the key ideas in the Preamble to the Declaration: Natural Rights, Social Contract, The right to revolution, popular sovereignty and the right of self determination.

•Identify the main grievances advanced by the American patriots and explain how they related to the events that preceded the Constitutional Convention.

•Understand the assertion of sovereignty in the concluding section and their determination to fight for it.

•Identify a variety of sources for the specific language of the Declaration that made its way into the document.

2.1


Background

• January 1776 – Common Sense is distributed throughout colonies

• June 7, 1776 - Richard Henry Lee offers a resolution to Congress that “these United Colonies…ought to be free and independent”

• June 11, 1776 – Congress appoints a committee to write a Declaration of Independence: Benjamin Franklin, Roger Sherman, John Adams, Robert Livingston and Thomas Jefferson

More Background• July 4, 1776 – Declaration of

Independence is adopted by Congress, John Hancock was the first person to sign it

• August 2, 1776 – Declaration of Independence is signed by 50 present members of Congress, Franklin remarks “We must all hang together or we shall hang separately.”

Main Author – Thomas Jefferson• Although there were 5

men appointed to write the Declaration of Independence, Jefferson was the main author– Congress only accepted

the Declaration of Independence after they cut a large portion that attacked slavery

Enlightenment

• Jefferson used the Enlightenment ideas of JOHN LOCKE– People are born with certain natural rights:

life, liberty and property– People form governments to protect these

rights– If governments interfere with these rights,

the people have the right to OVERTHROW them

Purpose

• To show why the colonies were revolting against Britain and Declaring their Independence

• To garner aid from the British people and, most importantly, the French.

4 Parts of the Declaration of Independence

• Preamble• Declaration of Natural

Rights• List of Grievances• Resolution of

Independence

PREAMBLE

• First part of the Declaration of Independence• Introduction • Explains why the Continental Congress wrote

the Declaration of Independence

Preamble

“When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another…a decent respect to the opinions of mankind requires that they should declare the causes which impel them to separate.”

When it is necessary for people to separate from their government, these people need to tell others the reasons why they are separating.

Declaration of Natural Rights

• Second part of the Declaration of Independence

• Lists the rights of the citizens• Explains that in a republic, the government is

there to protect the rights of the people• Jefferson calls these rights UNALIENABLE

rights, which means they can never be taken away

Declaration of Natural Rights“We hold these truths to

be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness.”

TAKEN FROM??

• These ideas are taken from the Enlightenment thinker, John Locke who said people have natural rights like life, liberty and property.

Declaration of Natural Rights

“That to secure these rights, Governments are instituted among Men, deriving their powers from the consent of the governed…”

Reflections of Locke?

• Government’s job is to protect the rights of the people

• Governments should get their power from the people they govern

Declaration of Natural Rights“ That whenever any

Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it…it is their right, it is their duty, to throw off such Government and provide new Guards for their future security.”

TRANSLATION??

• If a government is not protecting the people’s rights the people have the right AND obligation to overthrow that government and start a new one.

List of Grievances

• Third part of the Declaration of Independence• List of the colonists’ complaints with England• They specifically blame King George III • There are 28 grievances, or complaints, that

are listed in this section of the Declaration of Independence

List of Grievances• Here are some of the complaints:

– British soldiers in colonies without permission– Quartering British troops in the colonies– Not punishing these troops when they harm

colonists– Cutting off the colonists’ trade with the rest of

the world– Taxing the colonists without their permission

STAMP ACT

TEA ACT

INTOLERABLE ACTS

QUARTERING ACT

NAVIGATION ACTS

Resolution of Independence

• Final part of the Declaration of Independence

• Declares that the colonies are “Free and Independent States”

• Includes the signatures of the signers of the Declaration of Independence

Resolution of Independence

• These states have the power to:– Declare war– Trade with other

countries– Form alliances

The SignersJohn Hancock was the first person to sign the Declaration of Independence.

(He signed it very largely so King George could see it “all the way from England.”)

There were 56 signers of the Declaration from all of the 13 colonies.

Signing the Declaration was considered treason, punishable by death

Remember…1. Main idea of Declaration of Independence and

Constitution – governments should be based on the consent of the governed

2. Declaration of Independence states that people have the right to overthrow an oppressive government

3. The main purpose of the Declaration is to JUSTIFY the colonists’ revolt against England

4. First man to sign Declaration – John Hancock5. John Locke you should be able to cite Locke’s

contributions…

Individualism

Rule by the people

“New” ideas incubated in a unique environment

Winning independence not easy 8 years of Brutal warfare

How do you explain the Revolution? Was it, as many political scientists and historians assert, a

conservative revolution? The colonists were fighting for independence, not a new way of life. They had not been

oppressed and had been content until Parliament had imposed new taxes and regulations. They were not seeking radical change, just the ability to continue as they had been.

American Creed, Winning Independence, and the “Conservative” Revolution

2.1


2.1 Who was the primary author of the Declaration of Independence?a. John Locke

b. Benjamin Franklin

c. Thomas Jefferson

d. John Adams

2.1


a. John Locke

b. Benjamin Franklin

c. Thomas Jefferson

d. John Adams

2.12.1 Who was the primary author of the Declaration of Independence?


Government That Failed: 1776-1787

Articles of Confederation

Changes in the States

Economic Turmoil

Aborted Annapolis Meeting

2.2

Analyze how the weaknesses of the Articles of Confederation led to its failure

Articles of Confederation State-dominated government

League of friendship amongst states Unicameral legislature No judiciary No executive No power to tax No power to regulate commerce Unanimity

Feared strong central governmentThe Articles established a government dominated by the states. The United States, according to the

Articles, was a confederation, a “league of friendship and perpetual union” among 13 states. The Articles established a national legislature with one house in which each state had one vote, regardless of size. There was no president and no national court. Most authority rested with the state legislatures because the new nation’s leaders feared that a strong central government would become as tyrannical as British rule.

2.2Analyze how the weaknesses of the Articles of Confederation led to its failure

Key provisions of the Articles of Confederation


Changes in the States

Increases in liberty, democracy If you were a white male – reduction or elimination of

property requirements

New middle class…Becomes the new majority in the mid Atlantic states

Artisans Farmers Elite power threatened….

Legislatures held governmental power Controlled governors…kept them weak

What happens when the powers of government are out of balance???


FIGURE 2.2: Power shift: Economic status of state legislators before and after the Revolutionary War


Economic Turmoil and Aborted Annapolis Meeting

Primary Source Readings Postwar economic depression

Shays’ Rebellion (1786) Farmers attack courthouses to prevent foreclosures Neither national nor state govt. could respond Elites privately put down rebellion

Shays Presentation


Economic Turmoil and Aborted Annapolis Meeting Annapolis meeting leads to Constitutional

Convention: Primary Source for Monday:

1. What pushed the Annapolis delegates to call a Constitutional Convention

2. What was to be the purpose of the proposed Constitutional Convention?


2.2 What was a weakness of the Articles of Confederation?

a. Weak central government

b. No restraints on judiciary

c. Tyrannical executive

d. Legislature too large


2.2 What was a weakness of the Articles of Confederation?

a. Weak central government

b. No restraints on judiciary

c. Tyrannical executive

d. Legislature too large


Making a Constitution: The Philadelphia Convention 1787 The Framers : Gentlemen in Philadelphia

• elites of their states. They were more educated, wealthy, and urban than most Americans. They shared some of the following core ideas:

• people were self-interested• the distribution of wealth was the source of political conflict• the main object of government was private property• and that power should be set against power to balance government.

2.3Describe the delegates to the Constitutional Convention and the core ideas they shared.

Gentlemen in Philadelphia and Philosophy in Action

Who attended Constitutional Convention? 55 delegates from 12 states Not “average” people - Wealthy planters, lawyers, merchants. They ignored their instructions to revise the Articles and set about designing a

new government….WHY? Because the dissenters stayed home!

High principles versus self-interest Human nature…Hobbes, Locke, Adam Smith…SELF INTEREST! Political conflict results from factions…pursuing self interest Purpose of government…Protect natural rights (Locke) Nature of government…Limited government (Locke)

…Separation of powers (Montesquieu)


Gentlemen in Philadelphia and Philosophy in Action

• The Framers were worried that the majority faction would tyrannize minority factions — specifically, the majority without property (remember Shays’s Rebellion?) would try to use government to redistribute wealth from the wealthy minority composed of themselves. They intended to design a government that would prevent this. Preserving property, they believed, was the principle object of government.


2.3 The Framers chose a limited government based on

2.3

a. Checks

b. Balances

c. Separation of power

d. All of the above

Describe the delegates to the Constitutional Convention and the core ideas they shared.

2.3 The Framers chose a limited government based on

2.3

a. Checks

b. Balances

c. Separation of power

d. All of the above


Video: In the Real World


2.3




Critical Issues at the Convention

Equality Issues

Economic Issues

Individual Rights Issues

2.4

Categorize the issues at the Constitutional Convention and outline the resolutions reached on each type of issue.

Equality IssuesSmall vs. large…Slave vs. Free…Rich vs poor

Equality and representation of the states New Jersey Plan Virginia Plan Connecticut Compromise

Slavery

Equality in voting

2.4


Question: Why does the United States have a Bi-Cameral Legislature?

Historical reason?...

Theoretical Reason?...

Practical Reason?...

2.4


Representation: The Virginia Plan and New Jersey Plans

The Virginia Plan• Three branches of government

• Bicameral legislature

–Lower house based on population/or monetary contributions to the central gov.

–Upper house chosen by representatives in the lower house

• “ One National Executive” and “National Judiciary” (chosen by congress)

The New Jersey Plan

• Unicameral Congress

• Equal representation for States of different sizes

• More than one federal executive to be chosen by the legislature

• One national Judiciary to be chosen by the executive

• Would maintain strict limits on Federal power

The Connecticut Compromise Delegates agreed on a bicameral Congress, one segment with equal representation for States, and the other with representation proportionate to the States’ populations.

Equality Issues Slavery Article 1, Sections 2 and 9The Three-Fifths Compromise– The Framers decided to count a slave as three-fifths of a person

when determining the population of a State.The Commerce and Slave Trade Compromise– Congress was forbidden from taxing exported goods, and was not

allowed to act on the slave trade for 20 years.

2.4


The northern states had to acquiesce to southern states’ demands or the southern states would have simply refused to join the union. The southern states received a promise that the slave trade would not be restricted until at least 1808, that escaped slaves in free states were to be returned to their owners, and that slaves would be counted as three-fifths of a person for purposes of representation in Congress.

Equality Issues

Equality in voting? Art. 1 Section 2 (1st sentence)

Still smarting from Shays’ Rebellion, most delegates wanted to restrict voting to men with property but in the end they decided to leave voting qualifications up to the individual states.

2.4


How the Constitution resolved three issues of equality

2.4


Economic Issues State of the postwar economy

Interstate tariffs Worthless paper money Congress could not raise revenue

Congress given economic power…Art. 1 Section 8, and Art . 6(which Limited economic interference of states)the Framers were creditors who were being paid with worthless paper money or merchants who could not engage in

interstate trade, remedying the economic situation was important to them in the design of the new government.the Framers gave Congress the power to levy taxes and regulate interstate commerce. They took away state powers

that would inhibit economic growth, such as maintaining their own currencies and charging interstate tariffs.

The New government must repay debts of $54 million incurred under the Continental Congress and Articles of Confederation

State Prohibitions?? Article 1, section 10

2.4


Table 2.4: Economics in the Constitution

2.4


Individual Rights Issues Preserving individual rights a priority…States already

had extensive individual protections written into their constitutions.

Personal freedoms in the Constitution: Art 1., Sec 9 Suspension of habeas corpus prohibited

Except during wartime, habeas corpus, the right of a prisoner to know why he is being detained, may not be suspended.

Bills of attainder prohibited No punishment without a trial

Ex post facto (after the fact) laws prohibited Religious qualifications for office prohibited Strict rules for what constitutes treason Right to trial by jury (criminal cases only)

2.4


2.4 Which of the following is not a personal freedom protected in the original Constitution?

2.4

a. Right to run for office without religious qualifications

b. Right to writ of habeas corpus

c. Right to trial by jury

d. Right to freedom of speech


2.4 Which of the following is not a personal freedom protected in the original Constitution?

a. Right to run for office without religious qualifications

b. Right to writ of habeas corpus

c. Right to trial by jury

d. Right to freedom of speech

2.4


Video: In Context


2.4


Madisonian System

Federalist 10 and 51

Thwarting Tyranny of the Majority Constitutional Republic (Remember Fed 10?)

Problem: How to constrain both the majority and the minority????

Solution: Separation of powers and checks and balances.

So tell me…Why is Madison referred to as the Father of the Constitution?

2.5

L.O. 2.5 Analyze how the componants of the Madisonian system addressed the dilemma of reconciling majority rule with the protectionof minority interests.

Thwarting Tyranny of the Majority

Limiting majority control James Madison’s system

– Only members of the House of Representatives were directly elected by the people.

Separating powersMadison’s scheme separated the powers of government into three branches, which shared the limited powers of the government among them.

Creating checks and balancesOne faction would be unlikely to control all three branches of government at the same time.

Establishing a federal systema federal system of government that divided power between a national government and the states. Most government activity occurred in the states so the Framers saw the federal system as an additional check on the national government.

2.5

L.O. 2.5 Analyze how the componants of the Madisonian system addressed the dilemma of reconciling majority rule with the protection of minority interests.

FIGURE 2.3: The Constitution and the electoral process: Original plan

2.5


FIGURE 2.4: Separation of Powers and Checks and Balances in the Constitution

2.5

Constitutional Republic and the End of the Beginning Creating a republic Direct democracy not feasible Representative democracy

Separating powers and checks and balances make change slow…Since each branch could check the other, it was much easier to prevent new policy than to pass it.

Is policymaking inefficient?.. Or do you agree with Ben Franklin who argued that the policymaking process was too cumbersome to enable the government to respond effectively to pressing matters.

10 states vote in favor, then dinner…The end of the beginning!

2.5


Remember Federalist 10!!

Signing of the Constitution

2.5


Reading: A Brilliant Solution

2.5 How did Madison seek to avoid tyranny of the majority in the design of the new government?a. Checks and balances

b. Separation of powers

c. Representative democracy

d. All of the above

2.5


2.5 How did Madison seek to avoid tyranny of the majority in the design of the new government?

a. Checks and balances

b. Separation of powers

c. Representative democracy

d. All of the above

2.5


Ratifying the Constitution Federalists and Anti-Federalists

Ratification (Article 7)

2.6

L.O. 2.6: Compare and Contrast the Federalist and Anti Federalists in terms of their backgrounds and their positions regarding government

Ratification of the Constitution was not a foregone conclusion. The Federalists, who were largely from the economic elite, supported a strong national government. They preferred to insulate public officials from public opinion.

Anti-Federalists, largely from the middle class, supported a weaker national government. They preferred direct forms of democracy, and wanted stronger protection of individual liberties than the original Constitution offered. As a result, the Federalists promised to propose what became the Bill of Rights.

Federalists and Anti-Federalists Compared

2.6


Federalists and Anti-Federalists

We the People Lessons 16, 17 Federalists Supported Constitution Federalist Papers Alexander Hamilton, James Madison, John Jay

Anti-Federalists Opposed Constitution No protection for civil liberties States’ power would weaken

2.6


Bill of Rights arranged by function 2.6


Ratification

Ratification by special convention Got around state legislatures…Identify the genius…

Delaware first to approve New Hampshire made it official (number 9!!)

…not so fast…New York and Virginia critical…over 40% of the population! (Federalist/Antifederalist papers)

North Carolina and Rhode Island hold out…they want to see a bill of rights first

2.6


2.6 What was the purpose of the Federalist Papers?

a. To argue against the Constitution

b. To argue in support of the Constitution

c. To express concerns about the intent of the Framers

d. To provide a document about the creation of the Constitution

2.6


2.6 What was the purpose of the Federalist Papers?

a. To argue against the Constitution

b. To argue in support of the Constitution

c. To express concerns about the intent of the Framers

d. To provide a document about the creation of the Constitution

2.6


Explore the Simulation: You Are a Founder

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2.6


Explore the Constitution: HowLong Did It Take to Ratify the Constitution?

http://media.pearsoncmg.com/long/long_edwards_mpslgia_16/pex/pex2.html

2.6


Changing the Constitution

Formal Amending Process

Informal Processes of Constitutional Change

Importance of Flexibility

2.7

Formal Amending Process

Proposal Two-thirds vote in each house

National convention called by Congress

Ratification Legislatures of three-fourths of states

Special state conventions

2.7

FIGURE 2.5: How the Constitution can be amended

2.7

Suffragettes marching 2.7

Informal Processes of Constitutional Change

Most changes have been informal

Judicial interpretation Marbury v. Madison (1803)

Changing political practice

Technology

Increased demands for new policy

2.7

Importance of Flexibility

Constitution meant to be flexible Many decisions left up to Congress

Flexibility key to survival World’s oldest Constitution

2.7

2.7

2.7 What is an example of an informal way the government has changed?

2.7

a. There is a two-party system.

b. Citizens vote directly for senators.

c. The Electoral College chooses the president.

d. Voting rights have been granted to everyone.

2.7 What is an example of an informal way the government has changed?

a. There is a two-party system.

b. Citizens vote directly for senators.

c. The Electoral College chooses the president.

d. Voting rights have been granted to everyone.

2.7

Video: Thinking Like a Political Scientist


2.7

Understanding the Constitution

The Constitution and Democracy

Constitution and the Scope of Government

2.8

Constitution and Democracy

Original Constitution created a republic, not a democracy Framers thought elites should govern Representative democracy allowed Constitution to

become more democratic

From elitism to pluralism Voting qualifications left up to states 5 amendments have expanded electorate More officials chosen by popular election

2.8

Constitution and the Scope of Government

Constitution designed to limit government and protect liberties Broad participation possible

Effects of separation of powers All groups can be heard Encourages stalemate

Effects of checks and balances Gridlock or ineffective policy

2.8

Obama and Boehner 2.8

2.8 The Framers chose a system of government called a republic because

a. they feared the power of the majority.

b. they believed in direct representation.

c. they supported a two-party system.

d. they wanted to establish the rights of the individual.

2.8

2.8 The Framers chose a system of government called a republic because

a. they feared the power of the majority.

b. they believed in direct representation.

c. they supported a two-party system.

d. they wanted to establish the rights of the individual.

2.8

Did learning that the Framers were elites who feared majority rule surprise you? Does it change any ideas you had about American government and politics, and the Framers themselves?

Discussion Question 2

Video: So What?


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Further Review: On MyPoliSciLab

Listen to the Chapter

Study and Review the Flashcards

Study and Review the Practice Tests

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