Chapter2

American Government and Politics: American Government and Politics: Deliberation, Democracy, and CitizenshipDeliberation, Democracy, and Citizenship

Chapter 2:The American Constitution

Learning Objectives

Describe the lessons the early Americans learned about establishing effective democratic government during the first decade of independence.

Explain the key controversies that divided the delegates at the Constitutional Convention.

Contrast the political views of the Federalists and Anti-Federalists.

Copyright © 2014 Cengage Learning

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Learning Objectives

Assess the extent to which the addition of the Bill of Rights to the Constitution served the goals of both Anti-Federalists and Federalists.

Evaluate whether the original Constitution was pro-slavery or anti-slavery.


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Introduction

Framing the Constitution: Process took approximately 10 years Remarkably peaceful Important early lessons and experiences

shaped document Other influences include political philosophers, and

British constitutional and legal history


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The Lessons of the First Decade

State Constitutions Separation of powers Bicameral legislature Weak governors Property restrictions for voting and holding

office


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Articles of Confederation First national constitution Weak national government Key provisions:

State sovereignty State equality Limited powers Supermajority requirement Amendments


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Weaknesses of the National Government Underfunded Unequipped army Unable to execute unified foreign policy Poor treatment of some Loyalists Unable to gather quorum to do business

Conflicts between the States Economic Territorial


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Problems within the States:

Shays’s Rebellion Deficiencies of

state laws Rage for paper

money Questions about

majority rule

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The Road to Philadelphia Weaknesses of Articles of Confederation

apparent in early days of the document Annapolis Convention (1786)

Delegates urged Congress to call constitutional convention

Congress asks states to appoint delegates


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The Constitutional Convention

May 25, 1787 Washington: presiding officer of Constitutional

Convention Many prominent political figures absent James Madison, James Wilson and

Gouverneur Morris critical in drafting Constitution


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Forms of Government Throughout the World in 1790


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The Nationalists Set the Agenda: The Virginia Plan

Three independent branches Representation based on state population Rejected state-based Articles of

Confederation and proposed entirely new government


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The Small States Counterattack: The New Jersey Plan

Increase powers of national government Not willing to alter basic structure of Congress

One state, one vote Delegates chosen by state legislatures

Hamilton’s speech Life terms for chief executive Appointment by national government of state

governorsCopyright © 2014 Cengage Learning

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The Great Compromise Representation in House based on state

population Each state has equal representation in Senate Bills for raising and spending money must

originate in the House National and federal principles


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Completing the Constitution Committee of Detail drafts Constitution Vests Congress with new powers Authorizes Congress to make all necessary

and proper laws New restrictions on state power


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Completing the Constitution (continued) Establishes presidency

Makes independent of legislature Electoral College

Establishes bicameral Congress National judiciary

Federal judges serve lifetime terms Supreme Court


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Final Form Committee of Style revises draft Adds three requirements for oaths (public

promises) Sent to states for ratification


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Ratifying the Constitution

The Course of Ratification Required approval from nine state ratifying

conventions (not all states) Combined public opinion and deliberation Able leaders represent both sides of debate


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Debating the Constitution Federalists

Supported ratifying Constitution Wanted strong national government Federalist Papers Argued that large republics use representation and

protect minority interests


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Debating the Constitution Anti-Federalists

Opposed ratifying the Constitution Concerned about national government having too

much power Denounced necessity of standing army Not enough emphasis on civic virtue and

accountability


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Methods for Amending the Constitution


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Adding a Bill of Rights

Protecting Rights in the Original Constitution Writ of habeas corpus Prohibitions on bills of attainder Ex post facto laws


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Fashioning the Bill of Rights Many proposed by states Thomas Jefferson supported Bill of Rights Federalists agree to add, as long as does not

limit or alter national government Madison drafts Bill of Rights


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Ratifying the Bill of Rights Some disagreement, but state legislatures

ratified10 of 12 proposed amendments Bill of Rights added to Constitution

Fundamental rights enumerated Little structural change or limits on national

government

Ended organized opposition to Constitution


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Slavery and the Constitution

Debating Slavery at the Constitutional Convention

Three contentious issues: Counting slaves to determine population for

representation Allowing importation of slaves into U.S. Obligating states to return runaway slaves


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Slavery and the Constitution

The Compromises of the Constitution Constitution does not use words “slave” or

“slavery” Three-fifths clause Importation of slaves clause Fugitive slave clause But, avoided suggestion in Constitution that

slavery was moral or just


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The Constitution and Deliberative Democracy

John Adams stated that the effort to draft Constitution was “the greatest single effort of national deliberation that the world has ever seen.”

Established foundation for future deliberations about national policy


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