The Constitution

A Constitution Definition Sets the broad rules of the game 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

Origins of the U.S. 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 U.S. Constitution Declaring Independence “We hold these truths to be self-evident, that all men are created equal”

Origins of the Constitution The Power of Ideas Thomas Hobbes Leviathan - 1651 In state of nature . . . life would be “solitary, poor, nasty, brutish & short” Need for people to give power to an authority in exchange for peace & protection

Origins of the Constitution

Origins of the Constitution The Power of Ideas John Locke Two Treatises of Government - 1689 Natural rights include “life, liberty & the pursuit of property” Duty of government to respect these rights

Origins of the Constitution

Origins of the Constitution The Power of Ideas Montesquieu The Spirit of the Laws – 1748 “government should be set up so that no man need be afraid of another” Advocated for separation of powers

Origins of the Constitution

Origins of the Constitution The Power of Ideas Rousseau The Social Contract – 1762 “man was born free, and he is everywhere in chains” To be valid, government requires consent of the people

Origins of the Constitution

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

The Government That Failed The Articles of Confederation The first document to govern the United States, it was adopted in 1777 and ratified in 1781. It established a confederation, a “league of friendship and perpetual union” among 13 states and former colonies. All government power rested in the states.

The Government that Failed Weaknesses of the Articles of Confederation Congress not able to tax Congress not able to regulate commerce between states or with other nations States could print their own money

The Government that Failed Weaknesses of the Articles of Confederation No executive to implement acts of Congress No national courts

The Government that Failed Weaknesses of the Articles of Confederation Each state had one vote in Congress 9 out of 13 vote required to pass laws Unanimous vote needed to amend

The Government That Failed Economic Turmoil Postwar depression left farmers unable to pay debts State legislatures sympathetic to farmers 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 Name that rebel leader . . .

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

The Philadelphia Convention The Framers believed . . . Human Nature is self-interested Franklin . . . the passions of “men of affairs” are “love of power and money” Hamilton . . . “Men love power”

The Philadelphia Convention The Framers believed . . . Political Conflict leads to factions The main source of factions is “unequal distribution of property” That tyranny could result whenever a faction gained power

The Agenda in Philadelphia Equality Issues Equality and Representation of the States Virginia Plan - representation should be based on population New Jersey Plan – each state should have equal representation Connecticut Compromise each state gets 2 Senators and the House is based on population

The Agenda in Philadelphia Equality Issues Slavery Legal in 12 of 13 states What to do? Compromise . . . Cannot ban for 20 years How should slaves be counted? Some states wanted them counted for representation, but not for taxes Other states wanted them counted for taxes, but not for representation

The Agenda in Philadelphia Equality Issues Result? . . . Slaves count as 3/5ths of a person

The Agenda in Philadelphia Equality Issues Political Equality and voting left to states

The Agenda in Philadelphia Some 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 What about 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 Agenda in Philadelphia What about Individual Rights Issues? Result . . . 10 Amendments were added to the Constitution by 1791 Known as . . . The Bill of Rights

The Agenda in Philadelphia Who is this person and why is he important?

The Madisonian Model To prevent a tyranny of the majority, Madison proposed a government of: Limiting Majority Control Separating Powers Creating Checks and Balances Establishing a Federal System

The Madisonian Model

The Madisonian Model

The Madisonian Model The Constitutional Republic A Republic is . . . a form of government in which the people select representatives to govern them and make laws Favors the status quo – change is slow Encourages moderation & compromise Makes it difficult for one group to tyrannize

Ratifying the Constitution Federalists Supported the Constitution Highly influenced by elite class Favored indirect involvement of “the people” Anti-Federalists Feared elite control Believed the Constitution eroded individual freedoms Favored state power & direct involvement of “the people”

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

Ratifying the Constitution And this is John Jay Who said . . . “The people who own the country ought to govern it” Served as 1st Chief Justice of the Supreme Court

Ratifying the Constitution

Constitutional Change Formal Process of Constitutional Change Amendment proposed by 2/3 Vote of Congress – both Senate & House Ratified by 3/4 of State legislatures Done for all but one Amendment Exception = Repealing Prohibition (21st Amendment)

Constitutional Change

Constitutional Change Informal Process of Constitutional Change Judicial Interpretation Marbury v. Madison (1803) Established judicial review The Constitution means what the Supreme Court says it means

Constitutional Change This is John Marshall Who served as Chief Justice of the Supreme Court from 1801-1835 And who wrote the Marbury v. Madison opinion Who some believe was the “devil incarnate”

Constitutional Change Informal Process of Constitutional Change Changing Political Practice Emergence of political parties Electoral college becomes merely clerical

Constitutional Change Informal Process of Constitutional Change Technology Mass media Computers & bureaucracy Communications & Presidential role Atomic weapons & Presidential role

Constitutional Change Informal Process of Change Increasing Demands on Policymakers Increased importance of U.S. in the world Increased importance of the President

Additional Thoughts Plato – The Republic IV “For every city (state), however small, is in fact divided into two, one the city of the poor, the other of the rich; these are at war with one another.” Lived between 428 & 348 B.C.

Additional Thoughts Aristotle – Politics, Book IV “Thus, it is manifest that the best political community is formed by citizens of the middle class, and that those states are likely to be well-administered in which the middle class is larger, and stronger, if possible, than both other classes.” Lived between 384 & 322 B.C.

Additional Thoughts Harry S Truman “The only thing new in the world is the history that you don’t know.” 33rd President: 1945-1953