Chapter 2 The Constitution

Colonial Experience  Jamestown – first permanent English colony (1607) precedent for representative assembly  Plymouth – Mayflower Compact (1620) precedent for social contract consent of governed adult males created, submitted to authority of government

Selected Milestones  Stamp Act (1765)  First Continental Congress (1774)  Second Continental Congress (1775)  Revolutionary War ( )  Declaration of Independence (1776)  Articles of Confederation drafted (1777)  Shays’ Rebellion (1786)  Constitutional Convention (1787)  U.S. Constitution (1788)  Bill of Rights (1791)

Reading Exercise  Consult the Declaration of Independence (pages )  What does Jefferson mean by unalienable Rights? What are they?  What is the purpose of government?  What is the basis of government’s legitimacy/authority?  Under what conditions is Revolution justifiable?

Key Ideas in Declaration  Natural Rights – individuals hold certain rights because they are human; governments cannot take away these “unalienable” (inalienable, can’t be transferred) rights; given to us by God Locke -- “life, liberty, and property” Jefferson -- “Life, Liberty, and the Pursuit of Happiness”  Social contract – general agreement between people and government; people agree to give up some liberties so remainder are protected  Popular sovereignty/government by consent – all legitimate authority flows from consent of people  Right/Duty to revolt (Revolution)  Adopted by 2 nd Continental Congress (July 4, 1776)

Discussion Question  Why did Jefferson write, “…pursuit of happiness” rather than “property”? Let’s assume he wasn’t trying to cover up plagiarism; Locke was widely read at the time, at least among the elite  What has been the effect of this phrase, “pursuit of happiness” on American politics?

Articles of Confederation  Drafted by 2 nd Continental Congress (1777)  Article II guaranteed each state would retain sovereignty  Structure of government under Articles Power flowed from the states to the Congress of the Confederation  Shays’ Rebellion (1786), although suppressed, illustrated the Confederation’s weaknesses, its inability to maintain order and provide security

Table 2-1: Powers of the Congress of the Confederation, 26 CONGRESS HAD POWER TO:CONGRESS LACKED POWER TO:  Declare war and make peace  Enter into treaties and alliances  Establish and control armed forces  Requisition men and money from states  Regulate coinage  Borrow money and issue bills of credit  Fix uniform standards of weight and measurement  Create admiralty courts  Create a postal system  Regulate Indian affairs  Guarantee citizens of each state the rights and privileges of citizens in the several states when in another state  Adjudicate disputes between states on state petition  Provide for effective treaty-making power and control foreign relations; it could not compel states to respect treaties  Compel states to meet military quotas; it could not draft soldiers  Regulate interstate and foreign commerce; it left each state free to set up its own tariff system  Collect taxes directly from the people; it had to rely on states to collect and forward taxes  Compel states to pay their share of government costs  Provide and maintain a sound monetary system or issue paper money; this was left up to the states, and monies in circulation differed tremendously in value

Constitutional Convention (1787)  Initially aimed at revising the Articles, but became much more…  55 delegates Secret proceedings Monarchist nationalists Democratic nationalists Delegates opposed to any national government

Compromises in Drafting the Constitution  Great Compromise – resulted in a bicameral legislature, with one house based on equal representation (Senate), the other on population (House)  Three-Fifths Compromise – resulted in slaves being counted as “ 3/5 ” of a person for the purpose of determining population for representation in the House of Representatives

Discussion  Were the Great and 3/5’s Compromises necessary and appropriate? Congress outlawed the slave trade in 1808 (importation of slaves, not slavery; Article 1, Section 9)  What might have happened if the Constitution had not been ratified?

Constitution’s Key Characteristics  Popular Sovereignty Refer to Preamble, page 373  Republican/Representative democracy  Limited government  Separation of Powers and Checks and Balances Dividing governmental powers between legislature (makes laws), judicial (interprets laws), and executive (administers laws) Providing checks on abuse of power  Federalism

Separation of Powers Branch:Legislative Congress Executive Presidency Judicial Federal Courts HouseSenatePresidentJudges Officials chosen by: People People (originally, state legislatures) Electoral College, whose members are chosen by the people (originally, by state legislature) President, with advice and consent of Senate For term of: 2 years6 years4 yearsLife To represent primarily: Common people Large states Wealthy people Small states All peopleConstitution

Figure 2-1: Checks and Balances, 32

Ratification  Federalists argued in favor of ratification; supported strong central government Federalist Papers, Appendix C, pp  No. 10: argument for representative democracy vs. direct democracy  No. 51: Separation of Powers, Checks and Balances, and Federalism  Anti-Federalists opposed strong central government  Helped by promise of amendments protecting individual rights – Bill of Rights (1791)

The Bill of Rights (1791)  First 10 amendments to the Constitution  Designed to protect individuals from a too powerful national government  Limited federal encroachments but not state violations until 14 th amendment

Figure 2-2: Formal Constitutional Amending Procedure, 37

Why Such a Difficult Amendment Process?  Two-step process: Proposal and Ratification  > 11,000 amendments considered by Congress  33 submitted to states; only 27 ratified  Fear of tyranny of the majority  Oppression of groups or individuals

Modes of Constitutional Change  Formal amendment process  Congressional legislation  Presidential actions  Judicial review  Interpretation, custom, usage

Discussion  What are the strengths and weaknesses of: separation of powers? checks and balances? a difficult amendment process?

Hot Links to Selected Internet Resources:  Book’s Companion Site: ef ef2004  Wadsworth’s Political Science Site:  Emory University, School of Law, Constitution of the United States:  National Constitution Center:  Web Guide to the Constitution of the United States: