Chapter Two: The Constitution

Learning Objectives Explain the impact of events in the early settlements, including Jamestown (representative assembly) and Plymouth (social contract) on later political developments in the colonies. Trace the events and circumstances that led to the Revolutionary War. Explain the reasons for British attempts to raise revenue.

Learning Objectives Describe the colonial response: Boston Tea Party First Continental Congress Second Continental Congress Common Sense Explain the key ideas in the Declaration of Independence, including the concepts of natural rights and consent of the governed.

Learning Objectives Explain the development of the Articles of Confederation. Explain the structure of the government created under the Articles of Confederation, including Congress. Explain the weaknesses of the Articles of Confederation (dependence upon the good will of states, the inability to tax or support a militia, the need for unanimous approval of amendments). Explain the impact of Shays’ Rebellion.

Learning Objectives Summarize the events leading to the calling of the Constitutional Convention. Explain the problem of representation in Congress, including the Virginia and New Jersey plans. Describe the Great Compromise and the Three-Fifths Compromise. Explain the attempts at the distribution of power (separation of powers, checks and balances, and the Electoral College).

Learning Objectives Describe the historical context surrounding the drafting and ratification of the Constitution, including the motivations of the founders. Describe the Bill of Rights. Detail the ways in which Constitutional amendments are proposed and ratified. Describe the informal ways in which Congress, the president, and the courts can change the Constitution.

The Colonial Background In 1620 the first New England colony was established. Separatists were dissatisfied with the Church of England and sought a place where they could practice their religious beliefs. The compact they formed set forth the idea of consent of the governed.

The Colonial Background

The Colonial Background British Restrictions on the Colonies The British government passed a series of taxes to pay for the French and Indian War: Sugar Act of 1764 Stamp Act of 1765 Coercive Acts of 1774

The Colonial Response: Continental Congresses First Continental Congress was held in 1774 in Philadelphia to express grievances to the King. Second Continental Congress was held in 1775 to establish an army and to attempt a settlement with Parliament. By July 2, 1776 the Second Continental Congress adopted a Resolution of Independence.

Declaring Independence The Declaration of Independence Enumerates colonies grievances with Britain. Delineates people’s natural rights of life, liberty, equality, and consent of the governed. Perhaps add a picture of the Dec. of Independence (there is not one in the chapter)

Declaring Independence Rise of Republicanism While republicans were opposed to rule by the British, they were also opposed to rule by any strong central authority and were even skeptical of a permanent union of the states. Each state was seen as the sovereign authority and the only legitimate ruling force.

The Articles of Confederation: The First Form of Government The confederation was a voluntary association of independent states. Thirteen states established a government consisting of a Congress of the Confederation. Each state had a single vote.

The Articles of Confederation: The First Form of Government

The Articles of Confederation: The First Form of Government

The Articles of Confederation: The First Form of Government Accomplishments Under the Articles Settled land disputes among the states over western lands. Passed the Northwest Ordinance of 1787 that established government for new territories. Could declare war and conduct foreign policy.

The Articles of Confederation: The First Form of Government Weaknesses of the Articles Could not collect revenue from the states. Could not raise an army. Amendments to the Articles required unanimous consent of Congress. Did not establish a national court system.

Drafting the Constitution In order to address the weaknesses of the Articles, Congress approved a convention to revise the Articles in Philadelphia in 1787. Fifty-five delegates from the 13 states attended. Majority of delegates were nationalists who wanted a strong central government.

Drafting the Constitution Politicking and Compromises The Virginia Plan called for: Bicameral (two-chamber) legislature National executive, elected by legislature National judiciary

Drafting the Constitution Politicking and Compromises (Continued) The New Jersey Plan called for: One state, one vote Congress to regulate trade and impose taxes Congressional acts to be supreme law of the land Congress to elect an Executive office Executive office to establish a Supreme Court

Drafting the Constitution The “Great Compromise” Established a bicameral legislature with the House of Representatives apportion based on population. Established the Senate with two members from each state. Established a Supreme Court and allowed Congress to establish lower courts.

Drafting the Constitution The Madisonian Model Separation of the executive, legislative, and judicial power of government so that no one branch has enough power to dominate the others. Establishes a system of checks and balances that enables one branch of government to check the actions of the others.

Drafting the Constitution

The Final Document Popular sovereignty Republican government Limited government Separation of powers Federal system

The Difficult Road to Ratification Federalists favored a strong central government and the new Constitution. Anti-federalists wanted a weak central government and retain the Articles of Confederation.

The Difficult Road to Ratification The Federalists’ Argument Federalist Papers were published in New York papers to promote approval of the Constitution. Considered the best example of American political theory.

The Difficult Road to Ratification Anti-Federalists’ Arguments Opposed strong central government. Wanted a guarantee of personal liberties, a bill of rights.

The Difficult Road to Ratification

The Difficult Road to Ratification Support for the New Constitution Beard’s Thesis State Ratifying Conventions Support Was Probably Widespread Beard’s Thesis. Historian Charles Beard argued that the Constitution was put through by an undemocratic elite intent on the protection of property. State Ratifying Conventions. These conventions were elected by a strikingly small part of the total population. Support Was Probably Widespread. Still, the defense of property was a value that was by no means limited to the elite. The belief that the government under the Articles was dangerously weak was widespread.

The Bill of Rights A “Bill of Limits” No explicit limits on state government powers Did not apply to state governments

Altering the Constitution: The Formal Amendment Process Proposing an Amendment: 1. a two-thirds vote in each chamber of Congress. Or 2. a national convention that is called by Congress at the request of two-thirds of the state legislatures (the second method has never been used).

Altering the Constitution: The Formal Amendment Process Ratifying an Amendment: 1. by a positive vote in three-fourths of the legislatures of the various states. Or 2. by special conventions called in the states and a positive vote in three-fourths of them.

Altering the Constitution: The Formal Amendment Process

Altering the Constitution: The Formal Amendment Process

Altering the Constitution: The Formal Amendment Process 35 35

Informal Methods of Constitutional Change Congressional Legislation Presidential Actions Judicial Review Interpretation, Custom, and Usage

Web Resources Emory University School of Law U.S. founding documents, including the Declaration of Independence, the U.S. Constitution, and the Federalist Papers: www.law.emory.edu/erd/docs/federalist  National Constitution Center information on the Constitution—including its history, current debates, and news articles: www.constitutioncenter.org

What If…the Constitution Had Banned Slavery Outright? Even though slavery was banned in the north, by 1780 there were nearly 650,000 slaves in the United States. The Constitutional Convention compromised on slavery: slaves were counted as 3/5 of a person and slave trade would be banned by 1808. Southern states would not have ratified the Constitution without these compromises.