Chapter 2:
THE CONSTITUTION
Question of the day:
Why is the US Constitution the
way it is (and why should I
care?)
Declaration of Independence
--Why we were justified in separating
ourselves from Britain
--A long list of grievances
--Policy disagreements—Britain overplayed
its hand
--Stamp Act: required that all legal documents
have to have a stamp on them which has to
be purchased
TAXATION without REPRESENTATION
The Declaration cont…
--By 1776, Britain had sent troops over to
keep the colonists under control
--Separation was the only option and the
Declaration was a statement of
justification.
--The Declaration also invoked the ideas
of democracy, equal rights, and
individual liberty.
The Declaration of Independence
Key Ideas
-Human beings possess rights that cannot
be legitimately given away or taken from
them.
-People create government to protect
these rights.
-If government fails to protect people’s
rights or itself becomes a threat to them,
people can withdraw their consent from
that government and create a new one.
After Revolutionary War:
Now what?
-Didn’t like strong central government=
too much danger
-Three Possible models of government
Unitary= all power on top
Federal= some on both levels
Confederation= figurehead only at top with
no power, all power at the bottom
-Seeing the failures of a unitary
government, Americans gravitated
toward a confederacy
Articles of Confederation
1781-1789
Provisions of the Articles
-A loose confederation of independent states
-Weak central government
--One-house Confederation Congress, each
state had one vote
-Every 13 states argued their own individual
sovereign power
-No executive but presiding leader
-No judiciary
-Needed unanimity to amend the articles
Shortcomings of the Articles
NO POWER OF THE PURSE
--Indebtedness and inability to finance
its activities
-Couldn’t TAX=had no financial
source of power, only voluntary
contributions from states (which
often did not pay)
-Economy was hurting after the
Revolutionary War=CHAOS and the
central government could not do
anything
Shortcomings cont…
Commercial warfare among the states
-Could coin money but could not
keep states from doing the same
-Couldn’t REGULATE COMMERCE=
each state had its own tariffs and
trade barriers which led to trade
wars between states
Shortcomings cont
NO POWER OF THE SWORD
Inability to defend American interests in
foreign affairs
-Foreign relations, could declare war
but couldn’t raise its own army, only
ask states for militia help
Aftermath of Shays’s Rebellion
-Shays’s Rebellion reinforced the fears of
national leaders about the dangers of
ineffective state governments and of
popular democracy out of control.
-Delegates to the Philadelphia convention
were instructed to propose revisions for
the Articles of Confederation, but they
wrote an entirely new constitution
instead.
The Republican Beliefs of the Founders
-Belief in limited government based on
popular consent
-Belief in protections against majority
tyranny
-Property rights were a priority
-Elitist concerns about popular democracy
The Constitutional Convention
-By 1787, most of America’s leaders were
convinced that the new nation was in
great danger of failing.
-Of the 74 delegates from 12 states (RI
refused) only Fifty-five (55) showed up.
-Delegates secretly met in Philadelphia
from May to September, 1787.
Who were the delegates
to the Convention?
Wealthy white men who were:
-Well-educated
-Young, but with broad experience in American
politics
-Familiar with the great works of Western
philosophy and political science
-80% had served in the Continental Congress
-Missing: Adams, Jefferson, Jay, and Henry (“I
smell a rat”)
Consensus Among the Delegates
• Agreement that a new constitution must
replace the Articles of Confederation
• Support for a substantially strengthened
national government
• Concern that a strong national
government is potentially tyrannical
(needed separation of powers and checks
and balances)
Disagreement Among the Delegates
• Representation of the states in the
legislature
• Status of slavery
• Selection of the President
• Overall, Conflict Often Centered Around Disagreements
Between Large and Small States.
Conflicts and Compromises at the
Constitutional Convention
Conflict #1: Representation in
Legislative Branch
-Virginia Plan
-New Jersey Plan
-Great Compromise
CONFLICTS: #2 Slavery
-Three-fifths Compromise
-Prohibited Congress from debating any
enactments against the slave
trade/importation of slaves were prohibited
until the year 1808
– but a tax or duty on such importation was
permitted.
-Return of runaway slaves
Overall, these provisions explicitly recognize the
legal standing of slavery.
Conflicts: #3 Electing the President
-A single executive
-Indirect election by an electoral
college
-The House of Representatives would
choose a president if no one
received a majority of electoral
votes.
Principles in the Constitution
1) Federalism
-Relatively strong central government.
-Supremacy clause (Article VI, Section 2)
-Important powers assigned to the
national government
-Elastic clause (Article I, Section 8)
-States remain important
Principles in the Constitution…
2) Limited government
-The Constitution lists specific powers of the
national government (Article I, Section 8) and
specifically denies others (Article I, Section 9).
-The Bill of Rights imposes restraints on the
national government by protecting
fundamental rights of citizens.
Principles in the Constitution…
3) Checks on majority rule
-The people rule only indirectly
-Bicameral legislature, with varying terms
of office and different constituencies
-Indirect election of the President and
Senate (changed by Amendment XVII)
-Presidential appointment of judges and
confirmation by the Senate
-Cumbersome and difficult amendment
process
Principles in the Constitution…
4) Separation of Powers/Checks and
Balances
-Executive, legislative, and judicial powers are
different branches (separation of powers).
-No branch can control all powers or dominate the
other branches.
-Legislative, executive, and judicial powers check one
another and share power (checks and balances).
Principles in the Constitution…
5) Free Enterprise Economy
Concern that a system “too much upon the democratic
order” would threaten private property
-Constitutional protections for property rights
-Article IV, Section 1
-Article VI, Section 1
-Article IV, Section 2
-Constitutional provisions aiding the emergence of a
national free enterprise economy
-Article 1, Sections 8-10
The Struggle to Ratify the Constitution
-Delegates had been instructed to
propose alterations to the Articles of
Confederation, but they wrote an
entirely new Constitution instead.
-Ratification was a difficult process.
-Federalists — favored ratification
-Anti-Federalists — opposed
ratification