1. THE CONSTITUTION Chapter 2 Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Edwards, Wattenberg, and Lineberry Government in America: People, Politics, and Policy Fourteenth Edition

2. *CONSTITUTION Definition Definition A constitution is a nation ’ s basic law. It creates political institutions, assigns or divides powers in government, and often provides certain guarantees to citizens. A constitution is 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 Sets the broad rules of the game The rules are not neutral; some participants and policy options have advantages over others. The rules are not neutral; some participants and policy options have advantages over others.

3. *ORIGINS OF THE CONSTITUTION

4. Declaring Independence Declaring Independence In May and June 1776, the Continental Congress debated resolutions for independence. In May and June 1776, the Continental Congress debated resolutions for independence. The Declaration of Independence, which listed the colonists grievances against the British, is adopted on July 4, 1776. The Declaration of Independence, which listed the colonists grievances against the British, is adopted on July 4, 1776. Politically, the Declaration was a polemic, announcing and justifying revolution. Politically, the Declaration was a polemic, announcing and justifying revolution.

5. ORIGINS OF THE CONSTITUTION The English Heritage: The Power of Ideas The English Heritage: The Power of Ideas Natural rights: rights inherent in human beings, not dependent on government Natural rights: rights inherent in human beings, not dependent on government Consent of the governed: government derives its authority by sanction of the people Consent of the governed: government derives its authority by sanction of the people Limited Government: certain restrictions should be placed on government to protect natural rights of citizens Limited Government: certain restrictions should be placed on government to protect natural rights of citizens

6. OUR ENGLISH HERITAGE Magna Charta (1215) Magna Charta (1215) Petition of Rights (1628) Petition of Rights (1628) An important document setting out the rights and liberties of the subject as opposed to the prerogatives of the crown (ie. Charles I). An important document setting out the rights and liberties of the subject as opposed to the prerogatives of the crown (ie. Charles I). English Bill of Rights (1689) English Bill of Rights (1689) As part of what is called the “Glorious Revolution,” the King and Queen William and Mary of Orange accepted the English Bill of Rights as a condition of their rule As part of what is called the “Glorious Revolution,” the King and Queen William and Mary of Orange accepted the English Bill of Rights as a condition of their rule

7. IMPORTANT THINKERS IN DEVELOPING OUT GOVERNMENT!!!!!!! John Locke John Locke  (1690) “First and Second Treatises on Government”  “Everyone has the right to life, liberty, and property”  “People create government and empower a ruler with the consent of the people”  ‘Power to govern comes from the people”  “Social Contract” idea RousseauRousseau  “People give up some freedom in favor of the needs of the majority” MontesquieuMontesquieu  Division of powers in government  3 branches  System of checks and balances

8. *ORIGINS OF THE CONSTITUTION

9. Winning Independence Winning Independence In 1783, the American colonies prevailed in their war against England. In 1783, the American colonies prevailed in their war against England. The “ Conservative ” Revolution The “ Conservative ” Revolution Restored rights the colonists felt they had lost Restored rights the colonists felt they had lost Not a major change of lifestyles Not a major change of lifestyles

10. *THE GOVERNMENT THAT FAILED The Articles of Confederation The Articles of Confederation The first document to govern the United States, it was adopted in 1777 and ratified in 1781. The first document to govern the United States, it was adopted in 1777 and ratified in 1781. It established a confederation, a “ league of friendship and perpetual union ” among 13 states and former colonies. It established a confederation, a “ league of friendship and perpetual union ” among 13 states and former colonies. Congress had few powers; there was no president or national court system. Congress had few powers; there was no president or national court system. All government power rested in the states. All government power rested in the states.

11. ARTICLES OF CONFEDERATION (1781) Weaknesses Weaknesses  No ability to levy and collect taxes  No ability to regulate commerce  No ability to conduct a military draft  No ability to enforce acts of Congress  No national judiciary system  Nine states need to pass laws  All 13 to amend AOC Strengths  Congress could negotiate peace  Could coin money  Defeated Great Britain  Northwest Ordinance created

12. *THE GOVERNMENT THAT FAILED Changes in the States Changes in the States Liberalized voting laws increased political participation and power among a new middle class. Liberalized voting laws increased political participation and power among a new middle class. An expanding economic middle class of farmers and craft workers counterbalanced the power of the old elite of professionals and wealthy merchants. An expanding economic middle class of farmers and craft workers counterbalanced the power of the old elite of professionals and wealthy merchants. Ideas of equality spread and democracy took hold. Ideas of equality spread and democracy took hold.

13. *THE GOVERNMENT THAT FAILED

14. THE GOVERNMENT THAT FAILED Economic Turmoil Economic Turmoil Postwar depression left farmers unable to pay debts Postwar depression left farmers unable to pay debts State legislatures sympathetic to farmers and passed laws that favored debtors over creditors State legislatures sympathetic to farmers and passed laws that favored debtors over creditors Shays ’ Rebellion Shays ’ Rebellion Series of attacks on courthouses by a small band of farmers led by Revolutionary War Captain Daniel Shays to block foreclosure proceedings. Series of attacks on courthouses by a small band of farmers led by Revolutionary War Captain Daniel Shays to block foreclosure proceedings. Economic elite concerned about Articles ’ inability to limit these violations of individual ’ s property rights Economic elite concerned about Articles ’ inability to limit these violations of individual ’ s property rights

15. SHAYS V WHISKEY REBELLION Although Shay’s rebellion exposed the AOC as ineffective, the Whiskey Rebellion exposed the Constitution as being effective! Although Shay’s rebellion exposed the AOC as ineffective, the Whiskey Rebellion exposed the Constitution as being effective! The Whiskey Rebellion, or Whiskey Insurrection, was a tax protest in the United States beginning in 1791, during the presidency of George Washington. The rebellion was provoked by the imposition of an excise tax on distilled spirits. The Whiskey Rebellion, or Whiskey Insurrection, was a tax protest in the United States beginning in 1791, during the presidency of George Washington. The rebellion was provoked by the imposition of an excise tax on distilled spirits. The new government was able to easily and quickly quell the rebellion, the opposite of what happened with Shays! The new government was able to easily and quickly quell the rebellion, the opposite of what happened with Shays!

16. *THE GOVERNMENT THAT FAILED The Aborted Annapolis Meeting The Aborted Annapolis Meeting An attempt to discuss changes to the Articles of Confederation in September 1786 An attempt to discuss changes to the Articles of Confederation in September 1786 Attended by only 12 delegates from 5 states Attended by only 12 delegates from 5 states Called for a meeting in May 1787 to further discuss changes—the Constitutional Convention Called for a meeting in May 1787 to further discuss changes—the Constitutional Convention

17. *MAKING A CONSTITUTION: THE PHILADELPHIA CONVENTION Gentlemen in Philadelphia Gentlemen in Philadelphia 55 men from 12 of the 13 states 55 men from 12 of the 13 states Mostly wealthy planters and merchants Mostly wealthy planters and merchants Most were college graduates with some political experience Most were college graduates with some political experience Many were coastal residents from the larger cities, not the rural areas Many were coastal residents from the larger cities, not the rural areas

18. * THE PHILADELPHIA CONVENTION Philosophy into Action Philosophy into Action Human Nature, which is self-interested Human Nature, which is self-interested Political Conflict, which leads to factions Political Conflict, which leads to factions Objects of Government, including the preservation of property Objects of Government, including the preservation of property Nature of Government, which sets power against power so that no one faction rises above and overwhelms another Nature of Government, which sets power against power so that no one faction rises above and overwhelms another

19. THE AGENDA IN PHILADELPHIA The Equality Issues The Equality Issues Equality and Representation of the States Equality and Representation of the States New Jersey Plan—equal representation in states New Jersey Plan—equal representation in states Virginia Plan—population-based representation Virginia Plan—population-based representation Connecticut Compromise (Great Compromise) Connecticut Compromise (Great Compromise) Slavery Slavery Three-fifths compromise Three-fifths compromise Political Equality and voting left to states Political Equality and voting left to states

20. *THE PLANS Virginia Plan (large states) Virginia Plan (large states) New Jersey Plan (small states) New Jersey Plan (small states) The Great Compromise (Conn. Compromise) The Great Compromise (Conn. Compromise)  House of Representatives based on population and elected by the people  Senate consisting of TWO senators from each state chosen by the state legislatures  Electoral college selects the President  Supreme court selected by the President and confirmed by the Senate  September 17, 1787 approved and sent to the states for confirmation  Note: 3/5 th compromise on slavery issue (taxation and population)  Note: Slavery legal, International slave trade to be abolished in 20 years

21. *THE AGENDA IN PHILADELPHIA

22. KEY PRINCIPLES OF THE CONSTITUTION Federalism– Division of Powers Federalism– Division of Powers Enumerated Powers – Nat. Gov’t Only Enumerated Powers – Nat. Gov’t Only  Print money  Declare War  Make treaties  Conduct foreign affairs  Regulate interstate commerce Reserved Powers– State Gov’t OnlyReserved Powers– State Gov’t Only  Regulate intrastate commerce  Issue licenses Concurrent Powers– Both doConcurrent Powers– Both do  Collect Taxes, Build Roads, Borrow Money, Courts

23. * FEDERALISTS VS. ANTIFEDERALISTS Will the Constitution create a system of government that will respect personal liberties? Will the Constitution create a system of government that will respect personal liberties? Federalists – supported ratification of the Constitution Federalists – supported ratification of the Constitution Antifederalists – against ratification Antifederalists – against ratification

24. *ANTIFEDERALIST VIEW Liberty Liberty Small republics secured liberty Small republics secured liberty Rulers closely checked Rulers closely checked Feared a strong central government Feared a strong central government Power needed to be in state legislatures Power needed to be in state legislatures Add a Bill of Rights to the Constitution Add a Bill of Rights to the Constitution

25. *FEDERALIST VIEWS Madison, Hamilton, Jay Madison, Hamilton, Jay Madison’s response in Federalists No. 10 & 51 Madison’s response in Federalists No. 10 & 51 Hamilton’s No. 78 Hamilton’s No. 78 “Liberty is safest in large republics” “Liberty is safest in large republics” “Factions” or “Self-Interest” can be checked in large republics “Factions” or “Self-Interest” can be checked in large republics No Bill of Rights needed No Bill of Rights needed

26. THE MADISONIAN MODEL To prevent a tyranny of the majority, Madison proposed a government of: To prevent a tyranny of the majority, Madison proposed a government of: Limiting Majority Control Limiting Majority Control Separating Powers Separating Powers Creating Checks and Balances Creating Checks and Balances Establishing a Federal System Establishing a Federal System

27. THE MADISONIAN MODEL

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

30. RATIFYING THE CONSTITUTION

31. Federalist Papers Federalist Papers A collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison under the name “ Publius ” to defend the Constitution A collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison under the name “ Publius ” to defend the Constitution Bill of Rights Bill of Rights The first 10 amendments to the U.S. Constitution, drafted in response to some of the Anti-Federalist concerns about the lack of basic liberties The first 10 amendments to the U.S. Constitution, drafted in response to some of the Anti-Federalist concerns about the lack of basic liberties

32. *RATIFYING THE CONSTITUTION Ratification Ratification Lacking majority support, the Federalists specified that the Constitution be ratified by state conventions, not state legislatures. Lacking majority support, the Federalists specified that the Constitution be ratified by state conventions, not state legislatures. Delaware first ratified the Constitution on December 7, 1787. Delaware first ratified the Constitution on December 7, 1787. New Hampshire ’ s approval (the ninth state to ratify) made the Constitution official six months later. New Hampshire ’ s approval (the ninth state to ratify) made the Constitution official six months later.

33. CONSTITUTIONAL CHANGE

34. METHODS OF PROPOSAL

35. Method 1 By 2/3 vote in both the House and the Senate [most common method of proposing an amendment]

36. METHODS OF PROPOSAL Method 2 By national constitutional convention called by Congress at the request of 2/3 of the state legislatures [This method has never been used] Method 1 By 2/3 vote in both the House and the Senate [most common method of proposing an amendment] Or

37. METHODS OF RATIFICATION

38. Method 1 By legislatures in ¾ of the states [in all but one case, this is how amendments have been ratified]

39. METHODS OF RATIFICATION Method 2 Ratified through conventions in ¾ of the states. [Only been used once to ratify the 21 st Amendment] Method 1 By legislatures in ¾ of the states [in all but one case, this is how amendments have been ratified] Or

40. AMENDMENT PROCESS Methods of Proposal Method 1 By 2/3 vote in both the House and the Senate Or Method 2 By national constitutional convention called by Congress at the request of 2/3 of the state legislatures Methods of Ratification Method 1 By legislatures in ¾ of the states Or Method 2 Ratified through conventions in ¾ of the states.

41. CONSTITUTIONAL CHANGE The Informal Process of Constitutional Change The Informal Process of Constitutional Change Judicial Interpretation Judicial Interpretation Marbury v. Madison (1803): judicial review Marbury v. Madison (1803): judicial review Changing Political Practice Changing Political Practice Technology Technology Increasing Demands on Policymakers Increasing Demands on Policymakers

42. *THE IMPORTANCE OF FLEXIBILITY The Constitution is short, with fewer than 8,000 words. The Constitution is short, with fewer than 8,000 words. It does not prescribe every detail. It does not prescribe every detail. There is no mention of congressional committees or independent regulatory commissions. There is no mention of congressional committees or independent regulatory commissions. The Constitution is not static, but flexible for future generations to determine their own needs. The Constitution is not static, but flexible for future generations to determine their own needs.

43. *SUMMARY The Constitution was ratified to strengthen congressional economic powers, even with disagreements over issues of equality. The Constitution was ratified to strengthen congressional economic powers, even with disagreements over issues of equality. Protection of individual rights guaranteed through the Bill of Rights. Protection of individual rights guaranteed through the Bill of Rights. Formal and informal changes continue to shape our Madisonian system of government. Formal and informal changes continue to shape our Madisonian system of government.