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The Constitution
Chapter 2
Copyright © 2009 Pearson Education, Inc. Publishing as
Longman.
Edwards, Wattenberg, and Lineberry
Government in America: People, Politics, and Policy
Fourteenth Edition
Definition◦ A constitution is a nation’s basic law. It creates
political institutions, assigns or divides powers in government, and often provides certain guarantees to citizens.
Sets the broad rules of the game The rules are not neutral; some participants
and policy options have advantages over others.
Constitution
The Road to Revolution◦ Colonists faced tax increases after the French and
Indian War.◦ Colonists lacked direct representation in
parliament.◦ Colonial leaders formed the Continental Congress
to address abuses of the English Crown.
Origins of the Constitution
Origins of the Constitution
Declaring Independence◦ In May and June 1776, the Continental Congress
debated resolutions for independence.◦ The Declaration of Independence, which listed the
colonists grievances against the British, is adopted on July 4, 1776.
◦ Politically, the Declaration was a polemic, announcing and justifying revolution.
Origins of the Constitution
The English Heritage: The Power of Ideas◦ Natural rights: rights inherent in human beings,
not dependent on government◦ Consent of the governed: government derives its
authority by sanction of the people◦ Limited Government: certain restrictions should
be placed on government to protect natural rights of citizens
Origins of the Constitution
Origins of the Constitution
Winning Independence◦ In 1783, the American colonies prevailed in their
war against England. The “Conservative” Revolution
◦ Restored rights the colonists felt they had lost◦ Not a major change of lifestyles
Origins of the Constitution
The Articles of Confederation◦ The first document to govern the United States, it
was adopted in 1777 and ratified in 1781.◦ It established a confederation, a “league of
friendship and perpetual union” among 13 states and former colonies.
◦ Congress had few powers; there was no president or national court system.
◦ All government power rested in the states.
The Government That Failed
Changes in the States◦ Liberalized voting laws increased political
participation and power among a new middle class.
◦ An expanding economic middle class of farmers and craft workers counterbalanced the power of the old elite of professionals and wealthy merchants.
◦ Ideas of equality spread and democracy took hold.
The Government That Failed
The Government that Failed
Economic Turmoil◦ Postwar depression left farmers unable to pay
debts◦ State legislatures sympathetic to farmers and
passed laws that favored debtors over creditors Shays’ Rebellion
◦ Series of attacks on courthouses by a small band of farmers led by Revolutionary War Captain Daniel Shays to block foreclosure proceedings.
◦ Economic elite concerned about Articles’ inability to limit these violations of individual’s property rights
The Government That Failed
The Aborted Annapolis Meeting◦ An attempt to discuss changes to the Articles of
Confederation in September 1786◦ Attended by only 12 delegates from 5 states◦ Called for a meeting in May 1787 to further
discuss changes—the Constitutional Convention
The Government That Failed
Gentlemen in Philadelphia◦ 55 men from 12 of the 13 states◦ Mostly wealthy planters and merchants◦ Most were college graduates with some political
experience◦ Many were coastal residents from the larger
cities, not the rural areas
Making a Constitution:The Philadelphia Convention
Philosophy into Action◦ Human Nature, which is self-interested◦ Political Conflict, which leads to factions◦ Objects of Government, including the
preservation of property◦ Nature of Government, which sets power against
power so that no one faction rises above and overwhelms another
The Philadelphia Convention
The Equality Issues◦ Equality and Representation of the States
New Jersey Plan—equal representation in states Virginia Plan—population-based representation Connecticut Compromise
◦ Slavery Three-fifths compromise
◦ Political Equality and voting left to states
The Agenda in Philadelphia
The Agenda in Philadelphia
The Economic Issues◦ States had tariffs on products from other states◦ Paper money was basically worthless◦ Congress couldn’t raise money◦ Actions taken:
Powers of Congress to be strengthened Powers of states to be limited
The Agenda in Philadelphia
The Agenda in Philadelphia
The Individual Rights Issues◦ Some were written into the Constitution:
Prohibits suspension of writ of habeas corpus No bills of attainder No ex post facto laws Religious qualifications for holding office prohibited Strict rules of evidence for conviction of treason Right to trial by jury in criminal cases
◦ Some were not specified Freedom of speech and expression Rights of the accused
The Agenda in Philadelphia
To prevent a tyranny of the majority, Madison proposed a government of:◦ Limiting Majority Control◦ Separating Powers◦ Creating Checks and Balances◦ Establishing a Federal System
The Madisonian Model
The Madisonian Model
The Madisonian Model
The Constitutional Republic◦ Republic: A form of government in which the
people select representatives to govern them and make laws
◦ Favors the status quo – change is slow The End of the Beginning
◦ The document was approved, but not unanimously. Now it had to be ratified.
The Madisonian Model
Ratifying the Constitution
Federalist Papers◦ A collection of 85 articles written by Alexander
Hamilton, John Jay, and James Madison under the name “Publius” to defend the Constitution
Bill of Rights◦ The first 10 amendments to the U.S.
Constitution, drafted in response to some of the Anti-Federalist concerns about the lack of basic liberties
Ratifying the Constitution
Ratifying the Constitution
Ratification◦ Lacking majority support, the Federalists specified
that the Constitution be ratified by state conventions, not state legislatures.
◦ Delaware first ratified the Constitution on December 7, 1787.
◦ New Hampshire’s approval (the ninth state to ratify) made the Constitution official six months later.
Ratifying the Constitution
Constitutional Change
The Informal Process of Constitutional Change◦ Judicial Interpretation
Marbury v. Madison (1803): judicial review◦ Changing Political Practice◦ Technology◦ Increasing Demands on Policymakers
Constitutional Change
The Constitution is short, with fewer than 8,000 words.
It does not prescribe every detail.◦ There is no mention of congressional
committees or independent regulatory commissions.
The Constitution is not static, but flexible for future generations to determine their own needs.
The Importance of Flexibility
The Constitution and Democracy◦ The Constitution is rarely described as
democratic.◦ There has been a gradual democratization of
the Constitution. The Constitution and the Scope of
Government◦ Much of the Constitution reinforces
individualism and provides multiple access points for citizens.
◦ It also encourages stalemate and limits government.
Understanding the Constitution
The Constitution was ratified to strengthen congressional economic powers, even with disagreements over issues of equality.
Protection of individual rights guaranteed through the Bill of Rights.
Formal and informal changes continue to shape our Madisonian system of government.
Summary