Chapter 2: The Constitution
Pompopnazzi Distinction between matters of faith and matters of reason.
Roman imperialism caused the decline of the civilization, because political freedom died out. Leonardo Bruni
Lorenzo Valla Began a critical view of history by examining the Bible as a product of its time. None of the words of Christ have come down to us, for Christ spoke in Hebrew and never wrote any of it down!
Nicolo Machiavelli – Witnessed the excesses of Papacy, the corruption of power, the Bonfire of the Vanities, and the sack of Rome. These profoundly shaped his thinking.
We do not live in the world of “aught”, but rather in the world of “is” You must see people as they are – not as you want them to be. Politics is not the pursuit of moral virtue, but of the State’s security.
In the actions of all men, one must consider the final result The Church must be subordinate to the state, but is very useful to the state
It is better to be feared than loved. Politics of the purely secular. BUT WHY?
John LockeThomas Hobbes 2 Treatise on GovernmentLeviathan
2 nd Treatise on Government The Second Treatise outlines a theory of civil society. John Locke begins by describing the state of nature, a picture much more stable than Thomas Hobbes' state of "war of every man against every man," and argues that all men are created equal in the state of nature by God. From this, he goes on to explain the hypothetical rise of property and civilization, in the process explaining that the only legitimate governments are those that have the consent of the people. Therefore, any government that rules without the consent of the people can, in theory, be overthrown.
Leviathan was written during the English Civil War and talks about how to avoid another to avoid the evil of discord and civil war. Life without government means each person would have a right, or license, to everything in the world and would lead to a "war of all against all". The description contains what has been called one of the best known passages in English philosophy, which describes the natural state mankind would be in, were it not for political community: the life of man, solitary, poor, nasty, brutish, and short. According to Hobbes, the sovereign must control civil, military, judicial, and ecclesiastical powers.
Conservatism
Classical Liberalism
Edmund Burke The Dangers of Life without history is that you have no compass
Marquis de Montesqui One of the great political philosophers of the Enlightenment. Credited for perpetuating separation of governmental powers that the U.S. Constitution embodies today. Two most important works are the Persian Letters and The Spirit of the Laws.
Adam Smith – the Wealth of Nations
Copyright © 2009 Cengage Learning 17 The Colonial Background Separatists were dissatisfied with the Church of England and sought a place where they could practice their religious beliefs. The compact they formed set forth the idea of consent of the governed. (The Granger Collection)
Copyright © 2009 Cengage Learning 18 British Restrictions and Colonial Grievances In 1763, the British Parliament began to pass laws that treated the colonies as a unit. The major reason for these laws was to raise revenue to help pay off the war debt incurred during the French and Indian Wars (1756–1763). (National Portrait Gallery)
Copyright © 2009 Cengage Learning 19 First Continental Congress The focus was to restore the political structure that was in existence before the passage of legislation affecting the internal operations of each colony by Parliament. Had the Crown and Parliament relented on many of their demands it is possible the Declaration of Independence would never have been issued.
Copyright © 2009 Cengage Learning 20 Second Continental Congress Established an army Made Washington the general in chief and pursued the Revolutionary War Painting by John Trumbull, 1819, Library of Congress
Copyright © 2009 Cengage Learning 21 The Declaration of Independence The Influence of John Locke Natural Rights Social Contract © Bettmann /Corbis © Archivo Iconografico S.A. /Corbis
Copyright © 2009 Cengage Learning 22 The Rise of Republicanism Republicanism vs. The Republican Party While republicans were opposed to rule by the British, they were also opposed to rule by any central authority. They were even skeptical of a permanent union of the states. Each state was seen as the sovereign authority and the only legitimate ruling force.
Copyright © 2009 Cengage Learning 23 The Articles of Confederation: Our First Form of Government States retained most of the power Citizens loyal to their state Library of Congress
Copyright © 2009 Cengage Learning 24 The Confederal Government Structure Under the Articles of Confederation
Copyright © 2009 Cengage Learning 25 Accomplishments Under the Articles Articles established to: Organize the states so they could defeat the British forces Gain independence from Britain
Copyright © 2009 Cengage Learning 26 Weaknesses of the Articles Still no central authority to resolve disputes between the states. To organize the states for the collective good, including the organization of a militia, was crucial to the development of the Constitutional Convention.
Copyright © 2009 Cengage Learning 27 Shay’s Rebellion © Bettmann/Corbis
Copyright © 2009 Cengage Learning 28 Framers of the Constitution Republicans opposed any centralization of power. Federalists favored a stronger government.
Copyright © 2009 Cengage Learning 29 Factions Among Delegates The beliefs of the delegates ranged from the near- monarchism of Hamilton to definite decentralized republicanism. © Archivo Iconografico, S.A./Corbis
Copyright © 2009 Cengage Learning 30 Politicking and Compromises The New Jersey Plan The Virginia Plan The Great Compromise The Three-Fifths Compromise
Copyright © 2009 Cengage Learning 31 Working Toward the Final Agreement The Madisonian Model Separation of powers Checks and balances Library of Congress
Copyright © 2009 Cengage Learning 32 Working Toward the Final Agreement Electoral College
Copyright © 2009 Cengage Learning 33 Checks and Balances
Copyright © 2009 Cengage Learning 34 The Final Document Popular sovereignty A republican government A limited government Separation of powers A federal system where both the national and the state governments each had their own sphere of influence
Copyright © 2009 Cengage Learning 35 Ratification The Federalist Papers An attempt to persuade the public to support the new form of government Federalist #10 and Federalist #51 provide an excellent view of James Madison’s political theory concerning human nature
Copyright © 2009 Cengage Learning 36 The March to the Finish The vote by the Virginia ratification convention was essential and somewhat close. The New York vote was even closer and put the Constitution “over the top.” At this point, North Carolina and Rhode Island had little choice but to join.
Copyright © 2009 Cengage Learning 37 Ratification of the Constitution
Copyright © 2009 Cengage Learning 38 Ratification Federalists Anti-Federalists
Copyright © 2009 Cengage Learning 39 Support for the New Constitution Beard’s Thesis State Ratifying Conventions Support Was Probably Widespread
Copyright © 2009 Cengage Learning 40 The Bill of Rights A “Bill of Limits” No explicit limits on state government powers Did not apply to state governments
Copyright © 2009 Cengage Learning 41 The Bill of Rights Link to the Bill of Rights Click the picture to open a file containing the text of the Bill of Rights
Copyright © 2009 Cengage Learning 42 The Formal Amendment Process Cope with any new and unforeseen problem Taken on with extreme caution Rigorous process
Copyright © 2009 Cengage Learning 43 Amending the Constitution Although 11,000 amendments have been considered by Congress, only 33 have been submitted to the states after being approved, and only 27 have been ratified since ,000 27
Copyright © 2009 Cengage Learning 44 Amending the Constitution
Copyright © 2009 Cengage Learning 45 Amendments The strongest theme among the amendments is the expansion of citizenship rights. Example: Right to vote for women (Nineteenth, 1920) The Granger Collection, New York
Copyright © 2009 Cengage Learning 46 Amendments to the Constitution
Copyright © 2009 Cengage Learning 47 Informal Methods of Constitutional Change Congressional Legislation Presidential Action Judicial Review Interpretation, Custom, and Usage
Copyright © 2009 Cengage Learning 48 A Government Broken Free of Its Constitutional Moorings? Questions Was it wise for the Supreme Court to uphold the constitutionality of a display of the Ten Commandments on government property as part of a larger collection focusing on the nation’s legal and religious history, but to reject its constitutionality if displayed in a manner that emphasizes the religious nature of the Ten Commandments?
Copyright © 2009 Cengage Learning 49 A Government Broken Free of Its Constitutional Moorings? Questions Does this distinction reveal wisdom on the part of the Court or a lack of clarity? Should the court have simply said that all displays of the Ten Commandments either do or do not violate the Establishment Clause of the First Amendment?
Copyright © 2009 Cengage Learning 50 Questions for Critical Thinking How did the Civil War affect the Constitution? The Great Depression? How did the New Deal alter the Constitution? Does the Constitution make the government more responsive?
Copyright © 2009 Cengage Learning 51 Questions for Critical Thinking Why did the British place restrictions on the colonies? How was the term “people,” as used in the Declaration of Independence, defined? Did the members of the Second Continental Congress mean all people? What about the rights of women? Native Americans? Slaves?
Copyright © 2009 Cengage Learning 52 Questions for Critical Thinking What would have occurred if one or more of the states had rejected the Constitution? Could a single state have managed to survive outside the union of states? What would Madison think about interest groups in modern society?