Chapter 2 The Constitution

Learning Objectives: The Enduring Questions How has the challenge of political leadership changed since the republic's first decades? What was wrong with the Articles of Confederation? How did the authors of the Constitution view human nature? Copyright © 2014 Cengage Learning

Learning Objectives: The Enduring Questions How can a government be strong enough to govern without threatening freedom? Did the authors of the Constitution understand liberty and equality the way that most Americans now do? Copyright © 2014 Cengage Learning

The Challenge of Leadership Little privacy in today’s political world U.S. Supreme Court is an exception First generation of U.S. leaders Much-acclaimed for their extraordinary intellects, characters, and other talents; today’s leaders are criticized for lacking in these traits Copyright © 2014 Cengage Learning

Copyright © 2014 Cengage Learning The Problem of Liberty Goal of American Revolution was liberty Americans sought to protect entitled liberties Right to bring cases before independent judges Freedom from having British troops quartered Freedom to engage in trade without restrictions Freedom from paying taxes levied by the British Many believed that only independence would guarantee freedom Copyright © 2014 Cengage Learning

Copyright © 2014 Cengage Learning Human Nature Humans born with “natural rights” Cannot be taken away Life, liberty, and property Revolution was about ideology, not money The Declaration of Independence set out an ideal Copyright © 2014 Cengage Learning

Copyright © 2014 Cengage Learning The Real Revolution John Adams explained that the real revolution was the “radical change in principles, opinions, sentiments, and affections of the people” Political authority rests only on consent These were remarkable views at the time Copyright © 2014 Cengage Learning

The Articles of Confederation Alliance formed by original thirteen colonies Drafted in 1777 and ratified in 1781 Created a weak national government Could not levy taxes or regulate commerce Each state retained sovereignty and independence Copyright © 2014 Cengage Learning

The Constitutional Convention The Lessons of Experience Pennsylvania constitution Advocated a unicameral legislature No real executive The Massachusetts constitution Less democratic Clear separation of powers Copyright © 2014 Cengage Learning

The Constitutional Convention The Lessons of Experience (continued) Shays’s Rebellion Wanted to prevent foreclosures of farms as a result of high interest rates and taxes The revolt highlighted the weaknesses of the Articles of Confederation Bolstered support for a stronger national government Copyright © 2014 Cengage Learning

The Constitutional Convention The Framers Philadelphia Convention 55 delegates attended Produced a wholly new written constitution that created a true national government James Madison, often described as the “Father of the Constitution,” prepared the Virginia Plan that formed the basis for the deliberations at the 1787 convention. Source: Bettmann/Corbis Copyright © 2014 Cengage Learning

The Constitutional Convention The Challenge How to devise a government strong enough to preserve order but not so strong that it would threaten liberty Belief by Madison and the other Framers that people would seek power because they are by nature ambitious, greedy, and easily corrupted Copyright © 2014 Cengage Learning

The Constitutional Convention Large States versus Small States Virginia Plan: favored by large states New constitution written by James Madison National legislature would have supreme power over the states The people would directly elect at least one house of the legislature New Jersey Plan: favored by small states Population of states was a concern Sought to amend the Articles of Confederation Would keep the one-state, one-vote system of representation Copyright © 2014 Cengage Learning

The Constitutional Convention The Compromise House of Representatives based on state population State-elected Senate with two members for each state Unresolved issues handled by a “Committee of Detail” Copyright © 2014 Cengage Learning

The Constitutional Convention For Representative Democracy Framers created a republic Limitations placed on power of government Supreme Court given the power of judicial review Copyright © 2014 Cengage Learning

The Constitutional Convention Two Key Principles: Separation of Powers and Federalism A separation of powers ensures that political power would be shared by three separate branches of government Federalism divides political authority between a national government and state governments Copyright © 2014 Cengage Learning

The Constitutional Convention Government and Human Nature Checks and balances—the power of the legislative, executive, and judicial branches of government to block some acts by the other two branches Competing factions—groups of people who seek to influence public policy in ways contrary to the public good Copyright © 2014 Cengage Learning

The Constitution and Liberty The Antifederalist View Federalists supporters of a stronger central government Advocated ratification of the Constitution Antifederalists Opponents of a strong central government Wanted a confederation of largely independent states Copyright © 2014 Cengage Learning

The Constitution and Liberty The Antifederalist View (continued) The Federalist Papers Madison argued that liberty is safest in large republics In order to rule, different interests must form a coalition Coalitions in a larger republic would be more diverse and more moderate Copyright © 2014 Cengage Learning

The Constitution and Liberty Need for a Bill of Rights To be ratified, the Constitution needed a bill of rights Ten amendments were ratified by states The Fourteenth Amendment extended many of the guarantees contained in the Bill of Rights to the states Copyright © 2014 Cengage Learning

The Constitution and Slavery Constitution does not mention slavery Apportionment of seats in House of Representatives Counted all free persons and three-fifths of slaves Congress could not prohibit importation of slaves Escaped slaves would be returned to their masters Copyright © 2014 Cengage Learning

The Constitution and Slavery Any effort to use the Constitution to end slavery would have meant the end of the Constitution Unresolved issue of slavery led to the Civil War Copyright © 2014 Cengage Learning

Copyright © 2014 Cengage Learning The Constitution was silent about slavery, so buying and selling slaves continued for many years. Source: American Slave Market, 1852 (oil on canvas), Taylor (fl.1852)/© Chicago History Museum, USA/The Bridgeman Art Library Copyright © 2014 Cengage Learning

Political Ideals or Economic Interests? The economic interests of the Federalists and Antifederalists offset one another Debate over what group the Constitution favors Copyright © 2014 Cengage Learning

Copyright © 2014 Cengage Learning Liberty and Equality Is government too weak to reduce social inequality? Understanding of liberty and equality has changed since founding Stronger government favored in today’s world Copyright © 2014 Cengage Learning

A Recipe for Moderation Constitution does not allow bold action Opposite of a parliamentary democracy Requires broad coalition of interests be mobilized for change Most coalitions are moderate Copyright © 2014 Cengage Learning

Copyright © 2014 Cengage Learning WHAT WOULD YOU DO? MEMORANDUM To: Enrico Verico, Arkansas state senate majority leader From: Maria Hutchinson, chief of staff Subject: Proposal for a New Constitutional Convention In the 1990s, Arkansas and several other states approved term limits for their members of Congress, but the Supreme Court ruled in 1995 that states do not have this authority. Now term-limit advocates are pursuing a broader strategy, calling for states to approve legislation that would require Congress to consider several amendment proposals, including term limits and abolishing the electoral college to permit the direct popular election of the president. The Arkansas General Assembly passed such a bill last week, and several senators in your party have declared their support. Copyright © 2014 Cengage Learning

Copyright © 2014 Cengage Learning WHAT WOULD YOU DO? Arguments for: Because the Twenty-second Amendment restricts the president to two terms, members of Congress should face similar limits. Term limits will ensure that national leaders do not become career politicians. The public favors the direct popular election of the president; this constitutional convention would make possible abolishing the electoral college. Copyright © 2014 Cengage Learning

Copyright © 2014 Cengage Learning WHAT WOULD YOU DO? Arguments against: Limiting members of Congress to two terms would increase the power of lobbyists, congressional staffers, and administrative officials. The electoral college encourages a two-party system; a direct popular vote for the president would require runoff elections if no candidate won a majority. The Constitutional Convention of 1787 was held in secret and involved only a few dozen people; today it would be heavily covered by the press and involve hundreds, perhaps thousands of people. No one knows what changes it might make. Copyright © 2014 Cengage Learning

Your Decision: Favor legislation? Oppose legislation? WHAT WOULD YOU DO? Your Decision: Favor legislation? Oppose legislation? Copyright © 2014 Cengage Learning