Joseph A. Losco Ralph E. Baker AM GOV 2010 Joseph A. Losco Ralph E. Baker

THE CONSTITUTION Chapter 2

As You Read What factors contributed to the need for a Constitutional Convention? What are the basic principles that inform our Constitution? In what ways does constitutional change occur? © 2010 The McGraw-Hill Companies, Inc. All rights reserved.

THE FOUNDATIONS OF AMERICAN DEMOCRACY Early colonization First permanent British colony was Jamestown, founded in 1607 First representative assembly, Virginia’s House of Burgesses, created in 1619 By 1732, 13 colonies are established with basic government institutions © 2010 The McGraw-Hill Companies, Inc. All rights reserved.

THE FOUNDATIONS OF AMERICAN DEMOCRACY Economic distress Economic progress of colonies limited by British policies Cost of defending colonies leads Britain to impose unpopular taxes First Continental Congress (1774) urges boycott of British goods American and British forces clash in 1775 © 2010 The McGraw-Hill Companies, Inc. All rights reserved.

THE FOUNDATIONS OF AMERICAN DEMOCRACY Declaration of Independence (1776) Asserts ideas of natural rights and equality of all men Political participation limited to free male property holders Serves as declaration of war and tool to rally support for revolution © 2010 The McGraw-Hill Companies, Inc. All rights reserved.

THE BIRTH OF A NATION Articles of Confederation Recognized states as sovereign, limiting powers of central government Did not include creation of a common currency or national army Hampered interstate commerce and tax collection Shays’s Rebellion pointed out weaknesses of Articles and spurred reform © 2010 The McGraw-Hill Companies, Inc. All rights reserved.

THE BIRTH OF A NATION Constitutional Convention (1787), called to amend Articles; created new governing document, the Constitution Small states and large states disagreed over representation in Congress Great Compromise: states’ representation equal in Senate and determined by population in House of Representatives © 2010 The McGraw-Hill Companies, Inc. All rights reserved.

THE BIRTH OF A NATION Regional issues How to count slaves for taxation and congressional representation? Compromise: each slave counted as 3/5 of a person Importation of slaves permitted by Constitution until 1808 © 2010 The McGraw-Hill Companies, Inc. All rights reserved.

CONSTITUTIONAL PRINCIPLES Constitution embodies liberal democratic principles of self-rule and citizen control over government Separation of powers and checks and balances ensure no single branch dominates government Constitution provides for federalism – power sharing between state and federal governments © 2010 The McGraw-Hill Companies, Inc. All rights reserved.

CONSTITUTIONAL CONSTRUCTION Article I deals with the organization, powers, responsibilities, and qualifications for election of the legislature. Article II deals with the organization, powers, and responsibilities of the executive branch, including qualifications for and powers of the president. Article III creates the federal judicial system, defines its powers and jurisdiction, and specifies terms for appointment and dismissal of judges. © 2010 The McGraw-Hill Companies, Inc. All rights reserved.

CONSTITUTIONAL CONSTRUCTION Article IV discusses relations between the states, admission of new states, and guarantees that states have republican forms of government. The remaining articles deal with a variety of issues including the supremacy clause, which gives federal law precedence over state law. © 2010 The McGraw-Hill Companies, Inc. All rights reserved.

THE FIGHT FOR RATIFICATION Federalists supported ratification of the Constitution, but opposed adding a separate Bill of Rights. Antifederalists opposed the Constitution on several grounds: Farmers feared a national currency would lower prices on commodities and enable wealthy to buy their land Many feared a powerful central government would threaten state sovereignty Demanded a Bill of Rights that protected basic freedoms © 2010 The McGraw-Hill Companies, Inc. All rights reserved.

THE FIGHT FOR RATIFICATION The Constitution found support among commercial centers, Western territories, land speculators, plantation owners, and smaller states. Federalists won hard-fought ratification battles in large states including Virginia, Massachusetts, and New York. © 2010 The McGraw-Hill Companies, Inc. All rights reserved.

THE FIGHT FOR RATIFICATION In New York, pro-ratification articles called the Federalist Papers offered insightful analysis of the principles of American government Constitution adopted in 1790 when Rhode Island became ninth state to ratify it Congress presented Bill of Rights for Constitution after ratification; states adopted Bill of Rights in 1791 © 2010 The McGraw-Hill Companies, Inc. All rights reserved.

CONSTITUTIONAL CHANGE Framers provided two methods for amending Constitution: Amendment introduced to Congress and, if approved by a 2/3 vote of both houses, submitted to the states for ratification National convention called by Congress to propose amendment if requested by 2/3 of state legislatures To be adopted, amendments must be ratified by 3/4 of the states The Framers intended Constitution to be adaptable to change but difficult to amend © 2010 The McGraw-Hill Companies, Inc. All rights reserved.

CONSTITUTIONAL CHANGE The Constitution has been flexible enough to adapt to changing times and circumstances. Congress has often interpreted the Constitution in ways that expanded congressional power or promoted government policies. The case of Marbury v. Madison (1803) established the Supreme Court’s power to rule on the constitutionality of laws or other acts of government. Constitutional amendments have expanded the franchise to women, African Americans, and those without property. © 2010 The McGraw-Hill Companies, Inc. All rights reserved.

THE CONSTITUTION AND CIVIC ENGAGEMENT TODAY As Americans we celebrate our Constitution every time we write our elected representatives, read the newspaper, attend religious services, or engage in political debate in the classroom. Since the 9/11 terrorist attacks, many rights have been curbed in the interest of security. © 2010 The McGraw-Hill Companies, Inc. All rights reserved.

System of Checks and Balances © 2010 The McGraw-Hill Companies, Inc. All rights reserved.

Ratification of the Constitution © 2010 The McGraw-Hill Companies, Inc. All rights reserved.

Freedoms Guaranteed by the Bill of Rights © 2010 The McGraw-Hill Companies, Inc. All rights reserved.

Methods for Proposing and Ratifying Amendments © 2010 The McGraw-Hill Companies, Inc. All rights reserved.

Recent Unsuccessful Attempts to Amend the Constitution © 2010 The McGraw-Hill Companies, Inc. All rights reserved.

Hot or Not? Should the government be given greater authority to access Internet records for the purposes of national security? © 2010 The McGraw-Hill Companies, Inc. All rights reserved.

Get Involved In recent years, the U.S. House and Senate have taken up amendments to the Constitution proposing to define marriage as the union of a man and woman. Although supporters of the Federal Marriage Amendment (FMA) have failed to muster the requisite two-thirds vote needed for passage, they vow to continue their battle to add this amendment to the U.S. Constitution. © 2010 The McGraw-Hill Companies, Inc. All rights reserved.

Get Involved Check the House (www.house.gov) and Senate (www.senate.gov) websites to determine your representative’s vote on this issue and communicate your views in writing. © 2010 The McGraw-Hill Companies, Inc. All rights reserved.

Summary What factors contributed to the need for a Constitutional Convention? After the Revolution, colonists found the Articles of Confederation too weak to help them pay their war debt, control interstate commerce, and put down local rebellions like the one fomented by Daniel Shays in Massachusetts. © 2010 The McGraw-Hill Companies, Inc. All rights reserved.

Summary What are the basic principles that inform our Constitution? The basic principles of the Constitution are separation of powers, checks and balances, and a division of power between the states and the national government known as federalism. © 2010 The McGraw-Hill Companies, Inc. All rights reserved.

Summary In what ways does constitutional change occur? The Constitution can be changed through amendment; through the actions of political leaders who stretch its meaning to adapt to social, political, and economic change; and by court interpretation. © 2010 The McGraw-Hill Companies, Inc. All rights reserved.