Pearson Education, Inc., Longman © 2008 The Constitution Chapter 2 Government in America: People,...

Pearson Education, Inc., Longman © 2008

The ConstitutionThe Constitution

Chapter 2

Government in America: People, Politics, and PolicyThirteenth AP* Edition

Edwards/Wattenberg/Lineberry



Origins of the ConstitutionOrigins of the 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. 1st Continental Congress began meeting in 1774 2nd Continental Congress began in May 1775, by which time

the battle of Lexington and Concord had already started the Revolutionary War.



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.



Ideas contained in the Declaration of Independence are derived from the ideas of John Locke.– 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




The Government That FailedThe Government That Failed

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. Historically called, “the necessary failure”



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 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


Making a Constitution:Making a Constitution:The Philadelphia ConventionThe Philadelphia Convention

Gentlemen in Philadelphia– 55 men from 12 of the 13 states

Notable ABSCENSES were Thomas Jefferson, John Adams, Patrick Henry

– Mostly wealthy planters & merchants– Most were college graduates with some

political experience– Many were coastal residents from the larger

cities, not the rural areas


The Agenda in PhiladelphiaThe Agenda in Philadelphia

The Equality Issues– Equality and Representation of the States

New Jersey Plan—equal representation in states Virginia Plan—population-based representation Connecticut Compromise-aka the Great

Compromise

– Slavery Three-fifths compromise

– Political Equality and voting left to states



The Economic Issues– States had tariffs on products from other states– Paper money was basically worthless– Congress couldn’t raise money

The Solution– The Commerce and Slave Trade Compromise

Congress’ power strengthened, including powers to coin money and regulate commerce

Congress could NOT tax exports (Article 1, Section 9) States’ power limited- could NOT coin money, interfere with each

other’s commerce, etc… Slave trade could not be limited or ended or even discussed until

1808.





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

– Many individual rights were left unspecified, and therefore, unprotected.


The Final ResultThe Final Result

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 sent to the states for ratification.– Two factions emerged- the Federalists (those who

favored the strong, central government) and the Anti-Federalists (those who opposed it).


Ratifying the ConstitutionRatifying the Constitution


Ratifying the ConstitutionRatifying the Constitution

Ratification– Delaware first ratified the Constitution on December 7, 1787.– New Hampshire’s approval (the ninth state to ratify) made the

Constitution official on June 21, 1788.– As a practical matter, everyone knew that unanimous support was

necessary for success; thus a series of spirited debates took place, particularly in New York and Virginia.

The Federalist- a series of 85 essays published in New York to defend the Constitution

– Finally, unanimity was achieved when Rhode Island ratified the Constitution on May 29, 1790.

The last two states to ratify, North Carolina and Rhode Island, made the inclusion of a Bill of Rights a condition of their ratification.

By this point James Madison had drafted a Bill of Rights that included 12 provisions, 10 of which were eventually ratified.


The Living ConstitutionThe Living Constitution

“ If men were angels no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed, and in the next place oblige it to control itself. A dependence on the people is no doubt the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions.”

James MadisonFederalist 51


The Madisonian ModelThe Madisonian Modeli.e. limited government through separation of i.e. limited government through separation of

powers and checks and balancespowers and checks and balances


Modifications of Checks and Modifications of Checks and BalancesBalances

Changing Political Practices National Parties-may intensify or moderate checks and balances Expansion of the electorate and changes in electoral methods

– Who votes– Direct Primaries– Initiative, Referendum and Recall

Establishment of Agencies that exercise legislative, executive, and judicial functions.

Although these are technically part of the executive branch, they are, in effect, a 4th branch of government

Changes in Technology Nuclear weapons have expanded power of the President Communications technology has expanded the role of the media

Emergence of U.S. as a World Power Increasing power of the executive branch, particularly the President given the

U.S.’s extraordinary range of international responsibilities.


INFORMALINFORMAL methods of methods of amending the Constitutionamending the Constitution

Congressional Elaboration-many structural and vague provisions of the Constitution were left up to Congress to fill in the details.

Judiciary Act of 1789- set up the federal court system

Laws establishing Cabinet Impeachment Power- “high crimes and

misdemeanors”


INFORMALINFORMAL methods, cont… methods, cont…

Presidential Practices Executive Orders Executive Privilege Impoundment of Funds Commander in Chief Propose and work to pass legislation Budget Process


INFORMALINFORMAL methods, cont… methods, cont…

Judicial Interpretation- a.k.a. Judicial Review No mention of this in the Constitution. We know the

framers intended for the courts to be able to review STATE laws because of the Supremacy Clause, but FEDERAL laws?

Marbury v. Madison (1803)- Supreme Court TOOK the power of Judicial Review

“The Supreme Court is a Constitutional Convention in continuous session.”


FORMALFORMAL Constitutional Change Constitutional Change


FORMALFORMAL Constitutional Change, Constitutional Change, cont…cont…

The Constitution has been formally amended 27 times.

The process is extremely difficult- the framers did this ON PURPOSE. There must truly be a national consensus if any changes are to be made

The process reflects the principle of FEDERALISM.

Sufficient momentum to get an amendment proposed, does not mean it will have sufficient support for ratification.

Example: The Equal Rights Amendment


SummarySummary

The Constitution was ratified to strengthen the power of the national government.

Protection of individual rights is guaranteed through the Bill of Rights.

Formal and informal changes continue to shape our Madisonian system of government.

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