Government in America: People, Politics, and Policy
Thirteenth AP* Edition
Edwards/Wattenberg/Lineberry
Chapter 2
The Constitution
Pearson Education, Inc., Longman © 2008
Origins 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.
Pearson Education, Inc., Longman © 2008
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.
Pearson Education, Inc., Longman © 2008
1
Origins of the Constitution
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
Pearson Education, Inc., Longman © 2008
Origins of the Constitution
Pearson Education, Inc., Longman © 2008
The 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.
Pearson Education, Inc., Longman © 2008
2
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
Pearson Education, Inc., Longman © 2008
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
Pearson Education, Inc., Longman © 2008
Making a Constitution:
The 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
Pearson Education, Inc., Longman © 2008
3
The Philadelphia Convention,
continued
Philosophy into
Action
– Human Nature, which is self-interested
– Factions, which leads to political conflict
– 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
Pearson Education, Inc., Longman © 2008
The 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
– Slavery
Three-fifths compromise
– Political Equality and voting left to states
Pearson Education, Inc., Longman © 2008
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
The Solution
– The Commerce and Slave Trade Compromise
Congress’ power strengthened, including powers to coin
money and regulate commerce
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.
Pearson Education, Inc., Longman © 2008
4
The Agenda in Philadelphia
Pearson Education, Inc., Longman © 2008
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
– Many individual rights were left unspecified, and
therefore, unprotected.
Pearson Education, Inc., Longman © 2008
The Madisonian Model
To
prevent a tyranny of the majority,
Madison proposed a government of:
– Limiting Majority Control
– Separation of Powers
– Creating Checks and Balances
– Establishing a Federal System
Pearson Education, Inc., Longman © 2008
5
The Madisonian Model
Pearson Education, Inc., Longman © 2008
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 sent to the states for ratification.
– Two factions emerged- the Federalists (those who
favored the strong, central government) and the AntiFederalists (those who opposed it).
Pearson Education, Inc., Longman © 2008
Ratifying the Constitution
Pearson Education, Inc., Longman © 2008
6
Ratifying 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.
Pearson Education, Inc., Longman © 2008
The 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 Madison
Federalist 51
Pearson Education, Inc., Longman © 2008
Modifications of Checks and
Balances
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.
Changes in Technology
Emergence of U.S. as a World Power
Although these are technically part of the executive branch, they are, in effect,
a 4th branch of government
Nuclear weapons have expanded power of the President
Communications technology has expanded the role of the media
Increasing power of the executive branch, particularly the President given the
U.S.’s extraordinary range of international responsibilities.
Pearson Education, Inc., Longman © 2008
7
INFORMAL methods of
amending 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”
Pearson Education, Inc., Longman © 2008
INFORMAL methods, cont…
Presidential
Practices
Executive Orders
Executive Privilege
Impoundment of Funds
Commander in Chief
Propose and work to pass legislation
Budget Process
Pearson Education, Inc., Longman © 2008
INFORMAL 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.”
Pearson Education, Inc., Longman © 2008
8
FORMAL Constitutional Change
Pearson Education, Inc., Longman © 2008
FORMAL Constitutional Change,
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
Pearson Education, Inc., Longman © 2008
Summary
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.
Pearson Education, Inc., Longman © 2008
9