The Constitution

Thirteen years in the Making.

Constitution Definition

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 others don’t.

Origins of the Constitution

Colonial government—own government in each colony

First written constitution—Mayflower Compact

Protest – Stamp Act Congress, committees of correspondence, Boston tea party, Embargo

1st Continental Congress—First governmental act, 1st official meeting

2nd Continental Congress—first American Gov’t

Declaration of Independence

1776

Articles of Confederation– 1st official constitution

Shay’s Rebellion – realize need more structure

Constitutional Convention--

1787

Constitution

The Origins of the Constitution

The Government That Failed The Articles of Confederation

Each state retained its sovereignty. Congress had few powers—Post Office, pay ward

debt, maintain an army and navy, and declare war/peace.

Built with a legislature only made up of 1 representative from each state.

States could engage in foreign trade Each state had their currency and trade laws. States had their own judicial system, Congress was

the last resort.

Why it Failed…. Economic Turmoil

States had different currencies States had laws that favored debtors

Shays’ Rebellion A series of attacks on courthouses by a small band of farmers led by

Revolutionary War Captain Daniel Shays to block foreclosure proceedings.

Changes in the States Expanded political power for some Expanding economic middle class

The Model State representation—large versus small No president or court system High requirements for laws and change of them Limited legislative powers

Values and Ideals Liberal ideas of equality were spreading Unsuccessful confederation experience

What to do? The Annapolis Meeting—Unsuccessful

An attempt to discuss changes to the Articles of Confederation.

Attended by only 12 delegates from 5 states. Called for a meeting in May 1787 to further

discuss changes.

Making a Constitution:The Constitutional Convention

Gentlemen in Philadelphia 55 men from 12 of the 13 states Mostly wealthy planters & merchants Most were college graduates with some political

experience Many were coastal residents from the larger cities,

not the rural areas Divided into two camps – federalists (led by James

Madison) and the anti-federalists (led by Samuel Adams)

Federalists vs. Anti-FederalistsFederalists Anti-Federalists

Background Large landowners, wealthy merchants, professionals

Small farmers, shop keepers, laborers

Preferred Government

Strong national government, weaker state governments, indirect election of officials (electoral college, states electing congressmen), rule by the elite educated man, not concerned with individual freedoms

Strong state governments, weaker national government, direct election of officials, shorter terms, rule by the common man, individual freedoms

Things to Consider… Philosophy into Action

Human Nature—men love power and money. So we need a strong government to keep people in check.

Political Conflict– development of tyrannical factions

Objects of Government—is to ….protect property.

Nature of Government—to this end, what type is needed?

The English Heritage: The Power of Ideas John Locke’s influence Natural rights Consent of the governed Limited Government

The “Conservative” Revolution Restored rights the colonists felt they had lost Not a major change of lifestyles

The Agenda… The Equality Issues

Equality and Representation of the States New Jersey Plan Virginia Plan Connecticut Compromise

Slavery Political Equality

The Agenda…. 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… The Individual Rights Issues

Some were written into the Constitution: 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 / expression Rights of the accused

Elements of the Constitution Create a Constitutional Republic Limiting Majority Control/Protect Minority

Rights Separating Powers/Create Checks and

Balances Establish a Federal System

Constitutional Republic Republic: A form of government in which

the people select representatives to govern them and make laws. Favors the status quo - changes are slow Called a representative democracy.

Majority/Minority Rights James Madison believed that thwarting tyranny

by the majority was key to keeping government stable.

How? Place only one element directly in the hands of the

people… direct election of representatives. Senators were to be elected by State Legislatures.

Set up a bi-cameral congress—one cannot pass legislation without the other.

Figure 2.3

Separate Powers/Checks and Balances

Set up a Federalist system Divided the power between the federal

government and the individual states. By doing this they created a check on the

federal government.

What was done??? Federalist Papers—Support Ratification

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—Compromise 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.

Figure 2.4

Constitutional Change-Formal

Constitutional Change-Informal Judicial Interpretation

Miranda v. Arizona—strengthened 5th amendment rights

Changing Political Practice How the 10th amendment or states rights are

interpreted?

Technology Copyrights and patents

Increasing Demands on Policymakers

Understanding the Constitution There has been a gradual democratization of the

Constitution. Informal changes—PACs, political parties, universal

suffrage Constitutional Amendments—Bill of rights, 13th,14th,

15th, 17th, 19th, 24th, 26th amendments Court Decisions—Incorporation, Right to Privacy,

Brown v. BOE Legislation—Civil Rights Act 1964, Voting Rights

Act 1965, Open Housing Act 1968