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Government in America: People, Politics, and Policy
Thirteenth AP* Edition
Edwards/Wattenberg/Lineberry
Chapter 2
The Constitution
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Constitution

Definition
– A constitution is 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 over
others.
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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.
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Origins of the Constitution

European Claims in North America (Figure 2.1)
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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.
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Origins of the Constitution

The English Heritage: The Power of Ideas
– 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
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Origins of the Constitution
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Origins of the Constitution

Winning Independence
– In 1783, the American colonies prevailed in
their war against England.

The “Conservative” Revolution
– Restored rights the colonists felt they had lost
– Not a major change of lifestyles
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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.
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The Government That Failed

Changes in the States
– Liberalized voting laws increased political
participation and power among a new middle
class.
– An expanding economic middle class of farmers
and craft workers counterbalanced the power of
the old elite of professionals and wealthy
merchants.
– Ideas of equality spread and democracy took
hold.
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The Government that Failed
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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
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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
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Making a Constitution:
The Philadelphia 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
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The Philadelphia Convention,
continued

Philosophy into Action
– Human Nature, which is self-interested
– Political Conflict, which leads to factions
– 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
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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
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The Agenda in Philadelphia
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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
– Actions taken:
 Powers of Congress to be strengthened
 Powers of states to be limited
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The Agenda in Philadelphia
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The Agenda in Philadelphia

The Individual Rights Issues
– Some were written into the Constitution:

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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
– Some were not specified


Freedom of speech and expression
Rights of the accused
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The Madisonian Model

To prevent a tyranny of the majority,
Madison proposed a government of:
– Limiting Majority Control
– Separating Powers
– Creating Checks and Balances
– Establishing a Federal System
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The Madisonian Model

The Constitution and the Electoral Process: The Original
Plan (Figure 2.2)
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The Madisonian Model
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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 ratified.
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Ratifying the Constitution
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Ratifying the Constitution

Federalist Papers
– 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
– 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
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Ratifying the Constitution
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Ratifying the Constitution

Ratification
– Lacking majority support, the Federalists
specified that the Constitution be ratified by
state conventions, not state legislatures.
– Delaware first ratified the Constitution on
December 7, 1787.
– New Hampshire’s approval (the ninth state to
ratify) made the Constitution official six
months later.
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Constitutional Change
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Constitutional Change

The Informal Process of Constitutional
Change
– Judicial Interpretation
 Marbury v. Madison (1803): judicial review
– Changing Political Practice
– Technology
– Increasing Demands on Policymakers
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The Importance of Flexibility

The Constitution is short, with fewer than 8,000
words.
 It does not prescribe every detail.
– There is no mention of congressional committees or
independent regulatory commissions.

The Constitution is not static, but flexible for
future generations to determine their own needs.
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Understanding the Constitution

The Constitution and Democracy
– The Constitution is rarely described as democratic.
– There has been a gradual democratization of the
Constitution.

The Constitution and the Scope of Government
– Much of the Constitution reinforces individualism and
provides multiple access points for citizens.
– It also encourages stalemate and limits government.
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Summary

The Constitution was ratified to strengthen
congressional economic powers, even with
disagreements over issues of equality.
 Protection of individual rights guaranteed
through the Bill of Rights.
 Formal and informal changes continue to
shape our Madisonian system of
government.
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
Definition:
 Politics is the process by which we select
our governmental leaders and what policies
they produce—politics produces
authoritative decisions about public issues.
 Also consider Lasswell’s definition:
 Who gets what, when and how.
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