The Constitution Chapter 2

Constitution Definition – 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 others don’t.

The Origins of the Constitution The Road to Revolution – Colonists didn’t like the way they were treated. – Made colonist pay for French and Indian War Raised Taxes. Declaring Independence – The Declaration of Independence listed the colonists grievances against the British. Written by who? __________________________________ May & June of 1776 first continental congress started drafting resolutions about independence -it announced and justified a revolution

The Origins of the Constitution European Claims in North America (Figure 2.1)

The Origins of the Constitution The English Heritage: The Power of Ideas – John Locke’s influence- “The second treatise of Civil Government” influenced political leaders – Natural rights – What are “natural rights”?______________________ – Consent of the governed – What is the “Consent of the governed”? – ___________________________________________ – Limited Government – What is “Limited Government’? – ______________________________________ – Life, liberty and property vs. Life, liberty and the pursuit of happiness

American Revolution The “Conservative” Revolution – Restored rights the colonists felt they had lost – Did not drastically alter the colonists way of life – Its primary goal was to restore rights the colonist felt were already theirs as British Subjects Did not create class conflicts that would split society for generations to come

The Origins of the Constitution

The Government That Failed The Articles of Confederation – The first document to govern the United States, dominated by the states – Congress had few powers – No president and no national court – States could engage in foreign trade – Feared that national government would be tyrannical just like Britain – Had to request money from the states to pay for Navy & Army bc it had no power to tax

Changes in the States – Changes for White Males- – Expanded political power for some – Expanding economic middle class – Ideas of equality spreading DEMOCRACY WAS TAKING HOLD EVERYWHERE Americans were in the process of becoming the “most liberal, the most democratic, the most commercially minded, and the most modern people in the world Who did this challenge? ________________________________________________-

The Government that Failed

The Government That Failed Economic Turmoil – States had different currencies – States had laws that favored debtors instead of creditors – Landowners could now keep their land because legislature was made up of “common man” Shays’ Rebellion – A series of attacks on courthouses by a small band of farmers led by Revolutionary War Captain Daniel Shays to block foreclosure proceedings.

The Government That Failed The Aborted Annapolis Meeting – An attempt to discuss changes to the Articles of Confederation. – Attended by only 12 delegates from 5 states. – Called for a meeting in May 1787 to further discuss changes.

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

The Philadelphia Convention, continued Philosophy into Action – Human Nature- Hobbes wrote “ without a strong government, life would be solitary, poor, nasty, brutish and short – Political Conflict – “factions” - bad – Objects of Government- property, security of invasion, domestic tranquility, and promotion of general welfare – Nature of Government-no one faction overwhelm the other. Secret of a good government is a Balanced one.

The Agenda in Philadelphia The Equality Issues – Equality and Representation of the States New Jersey Plan- each state to be equally represented in congress Virginia Plan- each state to be represented in congress by state population So we combine those two and what comprise to we get? ______________________________ – Slavery- did not forbid slavery, slaves who escaped to free states had to return to owner – Political Equality- left issue to the states on voting qualifications. If you could vote in state, you could vote in national

The Agenda in Philadelphia

The Economic Issues, problems they faced, – States had tariffs on products from other states – Paper money was basically worthless/ debtors forced it on creditors. What state specifically? – Congress couldn’t raise money. Why? The economy was in a recession. What is a recession?__________ – Actions taken: – Powers of Congress to be strengthened – Powers of states to be limited

The Agenda in Philadelphia

The Individual Rights Issues – Some were written into the Constitution: Writ of habeas corpus- immediate inquiry into the causes of their detention Article 1 Section 9 No bills of attainder- punish people without a trial Article 1 Section 9 No ex post facto laws- cannot punish people for acts that were not illegal when the act was committed Article 1 Section 9 Religious qualifications for holding office prohibited Article VI – Strict rules of evidence for conviction of treason- Article 3 Section 3 Right to trial by jury in criminal cases. Article 3 Section 2 – Some were not specified Freedom of speech / expression- Didn’t come till the first amendment Rights of the accused

Will continue on Tuesday.. - Work on Constitutional Scavenger Hunt. - Due Tuesday

The Madisonian Model Limiting Majority Control Separating Powers Creating Checks and Balances Establishing a Federal System

The Madisonian Model The Constitution and the Electoral Process: The Original Plan (Figure 2.2)

What is different now? How has Madisons original model substantially democratized?

Figure 2.3 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 - changes are slow – What is the “status quo”___________________ The End of the Beginning – The document was approved, but not unanimously. Now it had to be ratified. 9 out of the 13 states had to approve the document

Ratifying the Constitution Anti Federalist were not unpatriotic, but felt the new constitution was a class based document with the elite ruling

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.

Ratifying the Constitution

Figure 2.4 How the Constitution can be amended Equal Rights Amendment”ERA” took 49 years to be ratified

Constitutional Change The Informal Process of Constitutional Change – Judicial Interpretation- (Marbury vs.Madison)- allows to check national and state governments are in accord with the constitution. Supreme court can change the constitution. – Changing Political Practice- Related to parties and presidential elections./Parties did not exist when constitution was written/ Electoral college has been altered as well. – Technology- Media, supporting, questioning/ Presidents role has increased with added significance, increasing the power in the constitutional system – Increasing Demands on Policymakers- additional power to chief executive to take lead in foreign affairs

Understanding the Constitution The Constitution and Democracy – The Constitution itself 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 limits government. – The Constitution reinforces individualism, yet encourages hyperpluralism.