1. The Constitution Chapter 2

2. Constitution Definition – 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. The rules are not neutral- some have advantages others don’t.

3. The Origins of the Constitution The Road to Revolution – Colonists didn’t like the way they were treated. – Lacked direct representation in Parliament and resented the legislature imposing taxes w/o their consent Declaring Independence – Political argument, announcing and justifying a revolution – The Declaration of Independence listed the abuses the colonists claimed. The English Heritage: The Power of Ideas – Natural Rights – Consent of the governed – Limited Government

4. The Origins of the Constitution Jefferson’s Handiwork: The American Creed – Locke’s influence – “life, liberty, and the pursuit of happiness” Winning Independence The “Conservative” Revolution – Restored rights the colonists felt they had lost – Not a major change of lifestyles

5. The Government That Failed The Articles of Confederation – The first document to govern the United States – Congress had little powers – States could engage in foreign trade – http://glencoe.com/sites/common_assets/socialstudi es/in_motion_10/usg/USG_049.swf http://glencoe.com/sites/common_assets/socialstudi es/in_motion_10/usg/USG_049.swf Changes in the States – Expanded political power for some – Expanding economic middle class – Ideas of equality spreading

6. The Government that Failed “the most common and durable source of factions [special interests] has been the various and unequal division of property” – James Madison

7. The Government That Failed Economic Turmoil – States had different currencies – States had laws that favored debtors “force acts” Shay’s Rebellion – A series of attacks on courthouses by a small band of farmers led by Revolutionary War Captain Daniel Shays to block foreclosure proceedings.

8. The Government That Failed The Aborted Annapolis Meeting – An attempt to discuss changes to the Articles of Confederation. – Attended by only 12 delegates from 5 states. – Called for a meeting in May of 1787 to further discuss changes.

9. Making a Constitution: The Philadelphia Convention Gentlemen in Philadelphia – 55 men from 12 of the 13 states – Mostly wealthy planters & merchants – Most were college graduates with some political experience – Many were coastal residents from the larger cities, not the rural areas

10. The Philadelphia Convention, continued… Philosophy into Action… – Human Nature – Political Conflict – Objects of Government – Nature of Government

11. The Agenda in Philadelphia The Equality Issues – Equality and Representation of the States New Jersey Plan Virginia Plan Connecticut Compromise

12. The Agenda in Philadelphia The 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 needed to be strengthened – States were limited in their activities

13. The Agenda in Philadelphia The Slavery Issue The issue of slavery is mostly ignored in the Constitution – No importation of slaves after 1808 – Escaped slaves had to be returned to their owners How should slaves be counted for representation in the H of R? – Give states credit for three-fifths of slaves in determining pop. for representation

14. The Agenda in Philadelphia The Individual Rights Issues – Some were written into the Constitution: No suspension of Writ of habeas corpus- court order requiring authorities to explain charges against a suspect in order to detain No bills of attainder- States/Congress cannot punish people w/o judicial trial No ex post facto laws- States/Congress cannot punish people or increase penalties for acts that wer not illegal when the act was committed Right to trial by jury in criminal cases – Some were not specified Freedom of speech / expression Rights of the accused

15. The Madisonian Model Limiting Majority Control – Only the H of R is within direct control of the votes of the majority Separating Powers – 3 branches of government relatively independent of one another so that no one branch could control the others Creating Checks and Balances – Set power against power Establishing a Federal System – Divide the power of government between a national government and individual states – Acts as an additional check on national government http://glencoe.com/sites/common_assets/socialstudies/in _motion_10/usg/USG_066.swf http://glencoe.com/sites/common_assets/socialstudies/in _motion_10/usg/USG_066.swf

16. Figure 2.3 The Madisonian Model

17. The Constitutional Republic – Republic: A form of government in which the people select representatives to govern them and make laws. – Favors the status quo- changes are slow The End of the Beginning – The document was approved, but not unanimously. Now it had to be ratified.

18. Ratifying the Constitution The first factions (political parties) Federalists Federalist Papers (published under the name Publius) James Madison Alexander Hamilton John Jay Anti-Federalists Patrick Henry Samuel Adams James Monroe Richard Henry Lee George Mason

19. Ratifying the Constitution http://glencoe.com/sites/common_assets/socialstudies/in_motion_10/usg/USG_057.swf http://glencoe.com/sites/common_assets/socialstudies/in_motion_10/usg/USG_057.swf Federalists (large landowners, wealthy merchants, professionals) – Weaker state governments – Indirect election – Longer terms – Government by the elite – Not concerned about individual liberties Anti-Federalists (small farmers, shopkeepers, laborers) – Strong state governments – Direct election – Short terms of office – Government by common man – Strong protections of individual liberties

20. Organization of Constitution Article 1: Legislative Article 2: Executive Branch Article 3: Judicial Branch Article 4: State Relations Article 5: Amending the Constitution Article 6: Supremacy of Nat’l Gov’t Article 7: Ratification Lazy Elephants Jump Slowly And Sleep Regularly

21. Figure 2.4 Constitutional Change http://glencoe.com/sites/common_assets/socialstudies/in_motion_10/usg/USG_077.swf http://glencoe.com/sites/common_assets/socialstudies/in_motion_10/usg/USG_077.swf

22. Constitutional Change The Informal Process of Constitutional Change – Judicial Interpretation – Changing Political Practice – Technology – Increasing Demands on Policymakers (p. 60-63)

23. Internet Resources Constitution & other papers Biographies of the Founders The Articles of Confederation