Download The Constitution

Edwards, Wattenberg, and Lineberry
Government in America: People, Politics, and Policy
Fourteenth Edition
Unit II
The Constitution
Still alive at 200+
Copyright © 2009 Pearson Education,
Inc. Publishing as Longman.
Copyright 2009 Prentice Hall
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.
Copyright 2009 Prentice Hall
Origins of the Constitution
The Road to Revolution (Was it?)
– British left the 13 colonies to govern
themselves for 150 years. (benign neglect)
– Colonists faced tax increases after the
French and Indian War.
– Colonists lacked direct representation in
parliament. (as did others in England)
– Colonial leaders (elites?) formed the
Continental Congress to address abuses of
the English Crown.
Essential Question
Was the American Revolution
liberal or conservative?
Was it really a revolution?
Who were these Founding Fathers?
Copyright 2009 Prentice Hall
Origins of the Constitution
Federalist #10 by
James Madison
“Liberty is to faction what air is to fire, an
ailment without which it instantly expires.”
“Enlightened statesmen will not always be at the
helm”
“When a majority is included in a faction, the
form of popular government, on the other hand,
enables it to sacrifice to its ruling passion or
interest both the public good and the rights of
other citizens.”
“The influence of factious leaders may kindle a
flame within their particular states, but it will
be unable to spread a general conflagration
though the other states.”
So, what is Madison talking about?
F e d e r a l
i s m !
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.
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
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
– Americans plan to return to the “status
quo”.
The Government That Failed
The Articles of Confederation
– The first document to govern the United
States, 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.
– Almost all government power (especially
taxation) rested in the states.
Founding Fathers – Elites?
Copyright 2009 Prentice Hall
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. Innovation starts at local level?
The Reality is that….
America starts out as 13
distinct and independent
countries united by a
language, traditions and
opposition to English control.
Copyright 2009 Prentice Hall
Articles of Confederation Weaknesses
List them here.
Copyright 2009 Prentice Hall
The Government That Failed
Economic Turmoil
– Postwar depression left farmers unable to pay
debts
– State legislatures sympathetic to farmers (factions)
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 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 in
Philadelphia to further discuss changes
– Result was Constitutional Convention
Making a Constitution:
The Philadelphia Convention
Gentlemen in Philadelphia
– 55 men from 12 of the 13 states
– Mostly wealthy planters and merchants
– Most were college graduates with some
political experience
– Many were coastal residents from the larger
cities, not the rural areas
– What if they had been elected?
The Philadelphia Convention
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
Today’s Task
Form a team and pick a colony
Develop a proposal for the
Constitution based upon the needs
of your state/country.
Present your plan
Is it best for the nation? Does that
matter?
Can you get a majority vote of
states?
Copyright 2009 Prentice Hall
Teams and states
Massachusetts
Connecticut
New Jersey
Virginia
Copyright 2009 Prentice Hall
Due next Monday - Answer the following question from the
2009 AP Test. Time limit 45 minutes.
In the Federalist paper 10, James Madison expressed
concern over the possibility that both majority and minority
factions would have too much power over government, and
he presented ways of minimizing that danger. The U.S.
Constitution established a democratic government but also
contained several provisions that limited majority
rule. Throughout the next two centuries, the role of majority
rule in the U.S. government and politics continued to
change.
a. Identify the part of the national government that was
originally most closely tied to citizens and explain how it was
tied to citizens.
b. Explain two ways the Constitution limited majority rule.
c. Choose two of the following 20th century developments
and explain how each moved the U.S. from a less
democratic system to a more democratic system.
+ Primary elections + 17th Amendment
+ Expansion of
Copyright 2009 Prentice Hall
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
The Agenda in Philadelphia
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
The Agenda in Philadelphia
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
– Some were not specified
• Freedom of speech and expression
• Rights of the accused
The Madisonian Model
To prevent a tyranny of the
majority, James Madison proposed
a government of:
– Limiting Majority Control
– Separating Powers
– Creating Checks and Balances
– Establishing a Federal System
– All of these were _____________________.
The Madisonian Model
The Madisonian Model
Copyright 2009 Prentice Hall
Copyright 2009 Prentice Hall
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 –
many places to stop change!
The End of the Beginning
– The document was approved, but not
unanimously. Now it had to be ratified by
independent states.
Ratifying the Constitution
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
Anti-Federalists
– Saw Constitution as a class based document
intended to ensure that economic elite controlled
national gov’t!
Ratifying the Constitution
Copyright 2009 Prentice Hall
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 9th state to
ratify) made the Constitution official six
months later.
– New York ratified only after NYC
threatened to secede!
Constitutional Change
Constitutional Change
The Informal Process of Constitutional
Change
– Judicial Interpretation
• Marbury v. Madison (1803): judicial review
– Changing Political Practice
• Political parties not part of FF plan!
– Technology
• Increases access of government officials.
– Increasing Demands on Policymakers
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.
– Courts are set up by Congress!
The Constitution is not static, but flexible
for future generations to determine their
own needs. But, only one amendment
every 13 years.
Understanding the Constitution
The Constitution and Democracy
– The Constitution is rarely described as democratic.
– There has been a gradual democratization of the
Constitution in our republic.
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. Government shutdown!!!!
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.