Copyright © 2014 Cengage Learning THE CONSTITUTION Chapter Two

Copyright © 2014 Cengage Learning Learning Outcomes 1. Explain the theoretical and historical factors that influenced the writers of the U.S. Constitution. 2. Describe the structure of the Articles of Confederation and explain why the confederation failed. 3. Identify and explain the compromises made by the delegates to come to agreement on the U.S. Constitution. 2

Copyright © 2014 Cengage Learning Learning Outcomes 4. Explain the rationale for and give examples of the separation of powers and the checks and balances in the United States Constitution. 5. Demonstrate understanding of the formal and informal processes for amending the constitution. 3

Copyright © 2014 Cengage Learning Introduction  U.S. Constitution continues to:  Define structure of national/state governments  Regulate relationship between government and citizens  Influences  Historical period  Colonists’ experiences with government  Political philosophy of time (Hobbes, Locke, Rousseau, Montesquieu) 4

Copyright © 2014 Cengage Learning Locke, Hobbes, Rousseau, & Montesquieu  John Locke (Two Treatises on Government)  Social contract theory  Human nature is characterized by reason and tolerance  In a natural state, all people were equal and independent. Everyone had a natural right to life, liberty, or possessions. (property)  Thomas Hobbes (Leviathan)  People are inherently evil. Without government, there would be a state of nature that would lead to a “war of all against all”.  To avoid a state of nature, people accede to a Social Contract Theory and establish a civil society.  Jean-Jacques Rousseau  By abandoning claims to natural right, individuals can both preserve themselves and remain free by submitting to the authority. (government)  Proponent of a direct democracy.  Montesquieu: Separation of powers 5

Copyright © 2014 Cengage Learning Milestones in Early U.S. Political History 6

Copyright © 2014 Cengage Learning The Colonial Background  Jamestown established (1607)  King’s charter grants “full power and authority”  Colonists establish representative assembly  “Starving time for Virginia”  Separatists, the Mayflower, and the Compact  First New England colony established 1620  Dissatisfied with Church of England  Mayflower Compact: signers agree to submit to government authority 7

Copyright © 2014 Cengage Learning Signing of the Mayflower Compact 8

Copyright © 2014 Cengage Learning The Colonial Background  More colonies, more governments  More settlements established  Adopt concept of limited government  Some degree of self-governance  Pennsylvania Frame of Government 9

Copyright © 2014 Cengage Learning The Colonial Background  British restrictions and colonial grievances  Series of taxes to pay for French and Indian War  Sugar Act of 1764  Stamp Act of 1765  Coercive Acts of 1774 Copyright © 2014 Cengage Learning 10

Copyright © 2014 Cengage Learning The Colonial Response  The First Continental Congress (1774)  To express grievances to the King  Formed committees  The Second Continental Congress (1775)  To establish army  George Washington named commander-in-chief  Attempt at settlement  Military encounters increase 11

Copyright © 2014 Cengage Learning Declaring Independence  The Resolution of Independence (July 2)  The Declaration of Independence (July 4, 1776)  Thomas Jefferson primary author  Enumerates colonies’ grievances with Britain  Universal truths  Natural rights and a social contract  Legitimizes American Revolution 12

Copyright © 2014 Cengage Learning Declaring Independence  Rise of Republicanism  Republicans opposed to rule by the British and any strong central authority in new government  Each state seen as sovereign authority and only legitimate ruling force 13

Copyright © 2014 Cengage Learning The Articles of Confederation: The First Form of Government  Confederation was voluntary association of independent states  Thirteen states established government consisting of Congress of the Confederation  Weak central government  Each state had single vote  One member chosen as presiding officer 14

Copyright © 2014 Cengage Learning The Confederal Government Structure under the Articles of Confederation 15

Powers of the Congress of the Confederation

Copyright © 2014 Cengage Learning The Articles of Confederation: The First Form of Government  Accomplishments under Articles  Settled land disputes among the states  Passed the Northwest Ordinance of 1787 establishing government for new territories  Could declare war and conduct foreign policy 17

Copyright © 2014 Cengage Learning  Weaknesses of the Articles  Could not demand revenue from states  Could not raise an army  Amendments to Articles required unanimous consent of Congress  Did not establish a national court system 18 The Articles of Confederation: The First Form of Government

Copyright © 2014 Cengage Learning The Articles of Confederation: The First Form of Government  Shays’s Rebellion and need for revision of the Articles  Central government has no authority to settle disputes  Economic depression widespread  Rebellion demonstrates citizen anger  s s 19

Copyright © 2014 Cengage Learning Drafting the Constitution  Who were the delegates?  Fifty-five delegates from 13 states attend  Delegates mostly upper class, educated, young  Factions among delegates  Some nationalists support monarchy  Majority are nationalists who want strong central government 20

Copyright © 2014 Cengage Learning Drafting the Constitution  Politicking and compromises  Virginia Plan  Bicameral (two-chamber) legislature  National executive, elected by legislature  National judiciary 21

Copyright © 2014 Cengage Learning Drafting the Constitution  Politicking and compromises (continued)  New Jersey Plan:  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 appoint a Supreme Court 22

Copyright © 2014 Cengage Learning Drafting the Constitution  Politicking and compromises (continued)  The “Great Compromise”  Established bicameral legislature, House of Representatives apportion based on population  Established Senate with two members per state  Supreme Court established  Three-Fifths Compromise  Shows power of southern states  Apportionment partially based on “property” 23

Copyright © 2014 Cengage Learning Drafting the Constitution  Madisonian Model  Separation of the executive, legislative, and judicial power of government  Establishes system of checks and balances Copyright © 2014 Cengage Learning 24

Copyright © 2014 Cengage Learning Checks and Balances 25

Copyright © 2014 Cengage Learning Drafting the Constitution  The executive  Single chief executive  Electoral college created  Makes president independent of Congress  Removes from direct popular control  Four-year term 26

Copyright © 2014 Cengage Learning Drafting the Constitution  The final document  Popular sovereignty  Republican government  Limited government with written laws  Separation of powers  Federal system 27

Copyright © 2014 Cengage Learning The Difficult Road to Ratification Federalists  Favored a strong central government  Constitution  Time, money and power for change  Federalist Papers 10, 51, 78 Anti-Federalists  Wanted weak central government  Retain the Articles of Confederation  Status quo  Want guarantee of personal liberties or bill of rights Copyright © 2014 Cengage Learning 28

Copyright © 2014 Cengage Learning Federalist 10 Faction  C onstitution: creates government that is able to control factions  Factions: people who organize to protect/promote their unique economic interests and political opinions.  Why are there Factions?  People possess different talents/abilities. Some tend to possess more property than others.  Many different kinds of property and people have different interests depending on the kind of property they own.  Government must protect the different interests of property owners.  How do we control factions?  Impossible. (destroy liberty or force all citizens to have same opinions, passions, interests)  Faction is natural and governments must accept their existence.  How will factions be controlled?  The more factions the better: Guarantees stability  Representative government. Wise, virtuous men will be elected to office in a large society and will protect the rights of the minority.  States will allow factions to implement policy. Other states will examine the effects of policy and determine whats best. 29

Copyright © 2014 Cengage Learning Federalist #51 Separation of Power & Checks & Balances  Purpose: inform reader of the safeguards created by the convention to maintain the separate branches of government and to protect the rights of the people/nation.  Members of each branch should be independent of the other branches. (Separation of Powers)  Branches of the federal government follows strict guidelines to ensure branches do not overpower the other. (Constitution)  Legislative Branch is the strongest since it is most directly tied to citizens  Checks and balances ensures that one branch will not become all power. (Federal governments, state governments, local governments)  Government must be able to control the people, but equally important, must be forced to control itself. 30

Copyright © 2014 Cengage Learning Federalist #78  Supreme Court Justices are appointed by the Executive and voted on by the Senate.  Requirements for Justices: good behavior  Justices do not have term limits. WHY?  Justices do not have control over the military/finances.  Supreme Court is completely independent so it is not influenced by the legislative or executive. They are there to simply JUDGE. 31

Copyright © 2014 Cengage Learning Ratification of the Constitution 32

Copyright © 2014 Cengage Learning The Difficult Road to Ratification  Did the majority of Americans support the Constitution?  Beard’s Thesis  State ratifying conventions  Support was probably widespread 33

Copyright © 2014 Cengage Learning The Difficult Road to Ratification  Bill of Rights  No explicit limits on state government powers, did not apply to state governments  Included to protect individual liberties against national government  A “bill of limits”  No explicit limits on state government powers 34

Copyright © 2014 Cengage Learning Altering the Constitution: The Formal Amendment Process  Proposing an Amendment (formal) 1. Two-thirds vote in each chamber of Congress OR 2. National convention called by Congress at request of two-thirds of state legislatures 35

Copyright © 2014 Cengage Learning Altering the Constitution: The Formal Amendment Process  Ratifying an Amendment: 1. By a positive vote in three-fourths of legislatures of various states OR 2.By special conventions called in states and a positive vote in three-fourths of them 36

Copyright © 2014 Cengage Learning The Formal Constitutional Amending Procedure 37

Copyright © 2014 Cengage Learning Amendments to the Constitution 38

Copyright © 2014 Cengage Learning Informal Methods of Constitutional Change  Congressional legislation  Presidential actions  Judicial review  Marbury v. Madison  Interpretation, custom, and usage 39