Constitutional democracy emerges in the United states Chapter 2 Constitutional democracy emerges in the United states Pearson Education, Inc., Longman © 2008

The problem of liberty The English Heritage: The Power of Ideas John Locke’s influence Natural rights Consent of the governed Limited Government Sancity of property Belief that the English constitution was inadequate in protecting them & corrupt representatives didn’t have their interests in mind (no representation)

Founding fathers felt that Real revolution requires Direct grant of power, written constitution Human liberty before government Real Revolution- would make authority legitimate and liberties secure

Declaration of independence The Ultimate Break-Up: Philosophical Basis- “unalienable rights” & “consent of the governed” are established The Grievances- King’s failures & abuses Statement of Separation- responsibility of citizens leaves no other choice but to revolt and separate from English, first time Unites States of America is mentioned…

American Revolution American Revolution did not drastically change any existing social structures… Middle & Upper social classes were responsible for majority of Revolution and higher-ranking positions in society However, new government had to be established QUICKLY….

The 1st Government That Failed The Articles of Confederation The first document to govern the United States; adopted: 1777 and ratified: 1781. Established a confederation among 13 states. Congress had few powers; no president or national court system. Most government power rested with competing states.

Articles of confederation Major Weaknesses: No power to tax states No power to regulate commerce No power to draft soldiers No Executive Branch No National Court System No Foreign Policy or National Treaties

Government That Failed Economic Turmoil Postwar depression left farmers unable to pay debts 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

EXAM QUESTION The importance of Shays’ Rebellion to the development of the U.S. Constitution was that it Revealed the necessity of both adding the Bill of Rights to the Constitution and creating a new system of checks and balances Demonstrated the intensity of anti-ratification sentiment within the 13 states C. Indicated that a strong, constitutionally designed national government was needed to protect property and maintain order D. Convinced the delegates attending the Const. Convention to accept the Conn. Plan E. Reinforced the idea that slavery should be outlawed in the new Constitution Answer:

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 prominent coastal residents from larger cities, not rural areas Washington, Franklin, Sam Adams, J. Adams, Henry

The Philadelphia Convention, continued Assumptions Human Nature is self-interested, gov’t can’t be Political Conflict leads to factions Objects of Government include the preservation of property Nature of Government sets power against power so that no one faction rises above and overwhelms another

Constitutional convention Lessons of Experience- state constitutions & Shay’s rebellion led to fears of U.S. collapse Framers did not want Pure Democracy- physically impossible, mistrust of popular passions of the people, wanted to create a republican democracy with a system of representation Popular Rule is only one element of new government-added: majority/super-majority votes, amendment process, indirect election President/Senators, federalism, limited gov’t, checks and balances etc.

EXAM QUESTION The framers of the Constitution all believed that one of the primary functions of government is: Educating citizens Protecting individual property rights Protecting new immigrants from persecution Expanding the borders of the nation Ensuring that anyone accused of a crime has the right to legal representation Answer: B

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 along with other reserved powers of Federalism…

The Agenda in Philadelphia The Economic Issues States had tariffs on products from other states Paper money was basically worthless (14 different currencies) Congress couldn’t raise taxes (continental dollars were worthless). Actions taken: FEDERALISM: Powers taken from states and given to Congress in Article 1, section 8…Enumerated powers: Coin, Borrow and Issue Money Regulate interstate and foreign commerce

The Agenda in Philadelphia

Limit the importation of foreign manufactured goods EXAM QUESTION As originally ratified, the U.S. Constitution included provisions designed to Limit the importation of foreign manufactured goods Increase the economic importance of the agrarian sector relative to that of the manufacturing sector Increase the economic powers of the central government Expand the states’ powers to regulate own commerce with foreign countries Guarantee the states a greater role in economic policy-making Answer: C

The Agenda in Philadelphia #1 GOAL WAS TO PROTECT INDIVIDUAL RIGHTS: HOW DO THIS? DENIED POWERS OF FED/STATE GOVTS=(LIMITED GOVT- found in Article 1, sections 9-10) 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 OPEN TO JUDICIAL INTERPRETATION Freedom of speech and expression Rights of the accused

The Madisonian Model To prevent a tyranny of the majority, Madison proposed a government of: Limiting Majority Control (to protect rights of the minority) Separating Powers-3 branches Creating Checks and Balances Establishing a Federal System Federal and State government powers divided and shared. FEDERAL=enumerated/delegated/expressed STATE=Reserved Powers SHARED- Concurrent Powers

The Madisonian Model The Constitution and the Electoral Process

The Madisonian Model

EXAM QUESTION: Which of the following is an example of checks and balances, as established by the Constitution? A requirement that states lower their legal drinking age to eighteen as a condition of receiving funds through federal highway grant programs Media criticism of public officials during an election campaign period C. The Supreme Court’s ability to overturn a lower court decision D. The requirement that presidential appointments to the Supreme Court be approved by the Senate E. The election of the President by the electoral college rather than by direct election Answer: D

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

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.

What’s in the constitution? Article 1- Legislative Article 2- Executive Article 3- Judicial Article 4- State and Federal Relationship Article 5- Amendment Process Article 6- Supremacy Clause Article 7- Ratification/Signing

Constitutional Change

Informally amending Informal Amending of the Constitution occurs daily in four major ways: Legislative Action- Congress passes laws to spell out or define several parts of Constitution that are unclear. (taxes, courts, etc.) Judicial/Court Action- Courts interpret & apply the Constitution daily which is called Judicial Review- the Supreme Courts’ ability to declare acts from Congress, President, state govt’s unconstitutional (Marbury v. Madison 1803)

Informally amending… Executive Action- Allows the President to make decisions about how laws should be enforced. Article II is the most vaguely defined of the all the articles in Constitution: Art I Sec 8: Only Congress Can Declare War Art II Sec 2: President is Commander-in-Chief Presidents have used military force over 175 times Congress only five declared wars…..

Informally amending… UNWRITTEN CONSTITUTION: Use of Customs/ Tradition- practices carried on through time with no Constitutional basis. 1) Presidential Succession… Vice-President would assume office if the President was unable to carry out his duties. (Not official until 25th amendment in 1967) 2) President’s Cabinet is not mentioned, everyone since Washington has included State/Treasury and other major positions. They are appointed to carry out President’s policies and shape government in his likeness. 3) Presidential Terms never extended more than two terms (except for FDR, elected four times) as customary practice. (Not official until 22nd amendment in 1951) 4) Judicial Review see previous slide

Elastic Clause, Full Faith & Credit Clause, Supremacy Clause Summary The Constitution was ratified to strengthen congressional economic powers to get the U.S. back on track. “Citizens have to eat…” Elastic Clause, Full Faith & Credit Clause, Supremacy Clause Protection of individual rights guaranteed--Bill of Rights. Formal and informal changes continue to shape our Madisonian system of government.

Exam QUESTION In the Federalist papers, James Madison expressed the view that political factions: Should be nurtured by a free nation Should play a minor role in any free nation Are central to the creation of a free nation Are undesirable but inevitable in a free nation Are necessary to control the masses in a free nation Answer: D

Exam QUESTION In Federalist No. 10, James Madison argued that factions in a republic are A more serious threat if the republic is large Natural but controllable by institutions Not likely to occur if people are honest Prevented by majority rule Prevented by free elections Answer: B