1. The Constitution

2. Constitution Definition? Sets the broad rules of the game
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
The rules are not neutral; some participants and policy options have advantages over others.
What groups have advantages in the United States?

3. Part I- The Origins of the Constitution

4. Jefferson stepping on Adams’ toe.

5. Origins of the Constitution
The English Heritage: The Power of Ideas
Natural rights: rights inherent in human beings, not dependent on government
Natural Law: liberties not based on generosity of the king but on a “higher law”
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

6. Natural Law
Rights, “…are born with us; exist with us; and cannot be taken away from us by any human power.”
-John Dickinson-

7. Locke- Two Treatises on Government
People had the right to life, liberty, and property.
Rulers were expected to preserve these rights.
Individual rights were more important than the laws and governments. “unalienable rights”
Absolute rulers went against human nature and should be overthrown. “right to revolution”

8. Locke on the state of nature and consent of the governed
“The state of nature has a law of nature to govern it, which treats everyone equally…Being equal and independent, no one ought to harm another in his life, health, or possessions.”
“We have reason to conclude that all peaceful beginnings of government have been laid in the consent of the people.”

9. Locke and The Declaration of Independence

10. Origins of the Constitution
The French Heritage: The Power of Ideas
Separation of Powers: the principle of dividing the powers of a government among different branches to guard against abuse of authority.
Montesquieu- The Spirit of the Laws
Argued for division of power between branches of government.

11. Montesquieu on Separation of Powers
“When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty; because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner.”

12. Classical view of a model republic Enlightenment Thinking
Govt. gets its authority from the citizens.
A selfless, educated citizenry.
Elections should be frequent.
Govt. should guarantee individual rights & freedoms.
Govt.’s power should be limited [checks & balances].
The need for a written Constitution.
“E Pluribus Unum.” [“Out of many, one”]
Classical view of a model republic
Enlightenment Thinking
The “Virtuous Republic”
Ideal citizen [Cincinnatus]
“City on a hill” [John Winthrop]

13. The Government That Failed

14. The Articles of Confederation “a firm league of friendship”
Need to Know About the Articles:
Powers Congress lacked under the Articles
Madison’s concern about factions. (Fed. 10)
Purpose of Annapolis meeting.
Process for adding new states

15. Part II- Writing the Constitution

16. The Constitutional Convention

17. Who was excluded from the convention?
Implications of these exclusions?
It did not reflect the needs of all Americans, but expressed the views of the signers who wanted to establish a stable and prosperous nation.

18. James Madison
“If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this; you must first enable the government to control the governed; and in the next place oblige it to control itself.”
What principles of government can we derive from what Madison is saying here?

19. The Agenda in Philadelphia
3 Major Issues:
Equality Issues
Economic Issues
Individual Rights Issues

20. Equality Issues Need to Know: Virginia Plan vs. New Jersey Plan
Connecticut Compromise
Problems and Solutions related to slavery and voting

21. Economic Issues Problem:
States had tariffs on products from other states
Paper money was basically worthless
Congress couldn’t raise money
Solution:
Powers of Congress to be strengthened
Powers of states to be limited

22. Commerce and Slave Trade Compromise
Economic Issues
Problem:
Congress and the power to regulate foreign and interstate trade
Solution:
Commerce and Slave Trade Compromise
Congress was forbidden from taxing exports from any state and from interfering in the slave trade for at least 20 years.

23. The Individual Rights Issues
Some were written into the Constitution:
Prohibits suspension of writ of habeas corpus
No bills of attainder
No ex post facto laws
Religious qualifications for holding office prohibited
Strict rules of evidence for conviction of treason
Right to trial by jury in criminal cases
Some were not specified
Freedom of speech and expression
Rights of the accused

24. Constitutional Principles
Limited Government
Republicanism
Checks and Balances
Federalism
Separation of Powers
Popular Sovereignty
You will know these and examples of each.

25. Articles I, II and III
Spell out specific duties for each branch of the government

26. Article IV: Federalism
This article more clearly defines the relationship between the states and the federal government.
It includes the “full faith and credit” clause, which states that an act or judicial proceeding of one state must be honored in all other states.

27. Article V: The Amendment Process
This article defines the process for making changes to the original Constitution.
The process is a clear depiction of federalism.

28. Article VI: The Supremacy Clause
This article clearly states that national law will be supreme over state law.

29. Article VII: Ratification Procedures
9 of 13 colonies had to approve

30. Need to Know About Ratification Debates…
Federalist vs. Anti-Federalists (who were they?)
Federalist Papers (what were they and who write them?)
Bill of Rights

31. Ratifying the Constitution
Ratification
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.
New Hampshire’s approval (the ninth state to ratify) made the Constitution official six months later.

32. The Constitution and the Amendment Process
Methods of Proposal
Methods of Ratification
Usual Method
Method 1
By 2/3 vote in both the House and the Senate
Method 1
By legislatures in ¾ of the states (38 states)
[26 of 27 cases, this has been the method] Or Or
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 2
Ratified through conventions in ¾ of the states.
[Only been used once to ratify the 21st Amendment]

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

34. The Importance of Flexibility
The Constitution is short, with fewer than 8,000 words.
It does not prescribe every detail (unwritten)
The Constitution is not static, but flexible for future generations to determine their own needs.
---›Elastic Clause (A1, Section 8) allows Congress to “make all laws necessary and proper”.
How democratic would our government be without this flexibility?