1. Constitutional democracy emerges in the United states
Chapter 2
Constitutional democracy emerges in the United states
Pearson Education, Inc., Longman © 2008

2. The problem of liberty The English Heritage: The Power of Ideas
John Locke’s influence
Natural rights
Consent of the governed
Limited Government
Sancity of property
Belief that the English constitution was inadequate in protecting them & corrupt representatives didn’t have their interests in mind (no representation)

3. Founding fathers felt that Real revolution requires
Direct grant of power, written constitution
Human liberty before government
Real Revolution- would make authority legitimate and liberties secure

4. Declaration of independence
The Ultimate Break-Up:
Philosophical Basis- “unalienable rights” & “consent of the governed” are established
The Grievances- King’s failures & abuses
Statement of Separation- responsibility of citizens leaves no other choice but to revolt and separate from English, first time Unites States of America is mentioned…

5. American Revolution
American Revolution did not drastically change any existing social structures…
Middle & Upper social classes were responsible for majority of Revolution and higher-ranking positions in society
However, new government had to be established QUICKLY….

6. The 1st Government That Failed
The Articles of Confederation
The first document to govern the United States; adopted: 1777 and ratified: 1781.
Established a confederation among 13 states.
Congress had few powers; no president or national court system.
Most government power rested with competing states.

7. Articles of confederation
Major Weaknesses:
No power to tax states
No power to regulate commerce
No power to draft soldiers
No Executive Branch
No National Court System
No Foreign Policy or National Treaties

8. Government That Failed
Economic Turmoil
Postwar depression left farmers unable to pay debts
Shays’ Rebellion
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

9. EXAM QUESTION
The importance of Shays’ Rebellion to the development of the U.S. Constitution was that it
Revealed the necessity of both adding the Bill of Rights to the Constitution and creating a new system of checks and balances
Demonstrated the intensity of anti-ratification sentiment within the 13 states
C. Indicated that a strong, constitutionally designed national government was needed to protect property and maintain order
D. Convinced the delegates attending the Const. Convention to accept the Conn. Plan
E. Reinforced the idea that slavery should be outlawed in the new Constitution
Answer:

10. 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 prominent coastal residents from larger cities, not rural areas
Washington, Franklin, Sam Adams, J. Adams, Henry

11. The Philadelphia Convention, continued
Assumptions
Human Nature is self-interested, gov’t can’t be
Political Conflict leads to factions
Objects of Government include the preservation of property
Nature of Government sets power against power so that no one faction rises above and overwhelms another

12. Constitutional convention
Lessons of Experience- state constitutions & Shay’s rebellion led to fears of U.S. collapse
Framers did not want Pure Democracy- physically impossible, mistrust of popular passions of the people, wanted to create a republican democracy with a system of representation
Popular Rule is only one element of new government-added: majority/super-majority votes, amendment process, indirect election President/Senators, federalism, limited gov’t, checks and balances etc.

13. EXAM QUESTION
The framers of the Constitution all believed that one of the primary functions of government is:
Educating citizens
Protecting individual property rights
Protecting new immigrants from persecution
Expanding the borders of the nation
Ensuring that anyone accused of a crime has the right to legal representation
Answer: B

14. The Agenda in Philadelphia
The Equality Issues
Equality and Representation of the States
New Jersey Plan—equal representation in states
Virginia Plan—population-based representation
Connecticut Compromise
Slavery
Three-fifths compromise
Political Equality and voting left to states along with other reserved powers of Federalism…

15. The Agenda in Philadelphia
The Economic Issues
States had tariffs on products from other states
Paper money was basically worthless (14 different currencies)
Congress couldn’t raise taxes (continental dollars were worthless).
Actions taken: FEDERALISM: Powers taken from states and given to Congress in Article 1, section 8…Enumerated powers:
Coin, Borrow and Issue Money
Regulate interstate and foreign commerce

16. The Agenda in Philadelphia

17. Limit the importation of foreign manufactured goods
EXAM QUESTION
As originally ratified, the U.S. Constitution included provisions designed to
Limit the importation of foreign manufactured goods
Increase the economic importance of the agrarian sector relative to that of the manufacturing sector
Increase the economic powers of the central government
Expand the states’ powers to regulate own commerce with foreign countries
Guarantee the states a greater role in economic policy-making
Answer: C

18. The Agenda in Philadelphia
#1 GOAL WAS TO PROTECT INDIVIDUAL RIGHTS: HOW DO THIS? DENIED POWERS OF FED/STATE GOVTS=(LIMITED GOVT- found in Article 1, sections 9-10)
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
OPEN TO JUDICIAL INTERPRETATION
Freedom of speech and expression
Rights of the accused

19. The Madisonian Model
To prevent a tyranny of the majority, Madison proposed a government of:
Limiting Majority Control (to protect rights of the minority)
Separating Powers-3 branches
Creating Checks and Balances
Establishing a Federal System Federal and State government powers divided and shared.
FEDERAL=enumerated/delegated/expressed
STATE=Reserved Powers
SHARED- Concurrent Powers

20. The Madisonian Model
The Constitution and the Electoral Process

21. The Madisonian Model

22. EXAM QUESTION:
Which of the following is an example of checks and balances, as established by the Constitution?
A requirement that states lower their legal drinking age to eighteen as a condition of receiving funds through federal highway grant programs
Media criticism of public officials during an election campaign period
C. The Supreme Court’s ability to overturn a lower court decision
D. The requirement that presidential appointments to the Supreme Court be approved by the Senate
E. The election of the President by the electoral college rather than by direct election
Answer: D

23. Ratifying the Constitution

24. Ratifying the Constitution
Federalist Papers
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
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

25. 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.

26. What’s in the constitution?
Article 1- Legislative
Article 2- Executive
Article 3- Judicial
Article 4- State and Federal Relationship
Article 5- Amendment Process
Article 6- Supremacy Clause
Article 7- Ratification/Signing

27. Constitutional Change

28. Informally amending
Informal Amending of the Constitution occurs daily in four major ways:
Legislative Action- Congress passes laws to spell out or define several parts of Constitution that are unclear. (taxes, courts, etc.)
Judicial/Court Action- Courts interpret & apply the Constitution daily which is called Judicial Review- the Supreme Courts’ ability to declare acts from Congress, President, state govt’s unconstitutional (Marbury v. Madison 1803)

29. Informally amending…
Executive Action- Allows the President to make decisions about how laws should be enforced. Article II is the most vaguely defined of the all the articles in Constitution:
Art I Sec 8: Only Congress Can Declare War
Art II Sec 2: President is Commander-in-Chief
Presidents have used military force over 175 times
Congress only five declared wars…..

30. Informally amending…
UNWRITTEN CONSTITUTION: Use of Customs/ Tradition- practices carried on through time with no Constitutional basis.
1) Presidential Succession… Vice-President would assume office if the President was unable to carry out his duties. (Not official until 25th amendment in 1967)
2) President’s Cabinet is not mentioned, everyone since Washington has included State/Treasury and other major positions. They are appointed to carry out President’s policies and shape government in his likeness.
3) Presidential Terms never extended more than two terms (except for FDR, elected four times) as customary practice. (Not official until 22nd amendment in 1951)
4) Judicial Review see previous slide

31. Elastic Clause, Full Faith & Credit Clause, Supremacy Clause
Summary
The Constitution was ratified to strengthen congressional economic powers to get the U.S. back on track. “Citizens have to eat…”
Elastic Clause, Full Faith & Credit Clause, Supremacy Clause
Protection of individual rights guaranteed--Bill of Rights.
Formal and informal changes continue to shape our Madisonian system of government.

32. Exam QUESTION
In the Federalist papers, James Madison expressed the view that political factions:
Should be nurtured by a free nation
Should play a minor role in any free nation
Are central to the creation of a free nation
Are undesirable but inevitable in a free nation
Are necessary to control the masses in a free nation
Answer: D

33. Exam QUESTION
In Federalist No. 10, James Madison argued that factions in a republic are
A more serious threat if the republic is large
Natural but controllable by institutions
Not likely to occur if people are honest
Prevented by majority rule
Prevented by free elections
Answer: B