1. CHAPTER 2
The Constitution

2. Constitution What is constitution How did we get the US constitution?
Nation’s basic laws
How did we get the US constitution?
Declaration of independence
Mostly written by Thomas Jefferson
English Heritage
John Locke’s theory of natural rights, consent of the governed, and limited government
Jefferson
Equal creation, unalienable rights, rule instead of be ruled

3. The Constitution The Articles that failed Shays rebellion Why?
Series of attacks on courthouses to block foreclosure proceedings
Made the elite think about people taking the law into their own hands , violating property rights of others

4. The Constitution
Philadelphia Convention met to write the new constitution
Problem of Equality Issues
New Jersey Plan
Equal representation by states, regardless of population size
Virginia Plan
Representation based on population of state
Connecticut Compromise
3/5’ s Compromise
Connecticut Compromise led to bicameralism ; 3/5s – representation of slaves

5. The Constitution
Originally there was no specific protection of individual rights.
Did prohibit suspension of the writ of habeas corpus
Court order requiring jailers to explain why they are holding a prisoner in custody
No ex post facto laws
Strict rules and outlines for conviction of treason
Right to trial by jury in criminal cases
No religious qualifications for holding office
No bills of attainder
Punish people without a judicial trial

6. The Madisonian Model
Framers believed that human nature was self-interested
Wealth inequalities were main source of political conflict
Protecting private property was key for governments
Fear that an unwealthy majority would tyrannize the wealthy minority
How do you reconcile economic inequality with political freedom?

7. The Madisonian Model
Place as much of the government as possible beyond the direct control of the majority
Separate the powers of different institutions
Construct a system of checks and balances

8. The Madisonian Model Limiting Majority Control Separating Power
House is in direct control by the majority
State legislature elects senators and special electors to select the president
Judges nominated president
Separating Power
Power shared among the 3 branches
Each branch is independent so that no one branch takes control

9. The Madisonian Model Creating Checks and Balances
Because power is shared, each branch needs consent of the others for many of its actions
Marbury v. Madison
Establishes power of judicial review
Power to hold actions of the other 2 branches unconstitutional
Establishing a Federal System
Divide power between national and state government

10. Madisonian model encourages moderation and compromise and slows change
Delegates to the Constitutional Convention had changed the democracy to a republic
Form of government in which the people select representatives to govern them and make laws
Madisonian model encourages moderation and compromise and slows change

11. Ratifying the Constitution
Federalists-supporters of the constitution at the time the states were contemplating its adoption
Anti-federalists-opponents of the constitution at the time the states were adopting it
Federalist Papers
Collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison (under the name “Publius” to defend the constitution
First 10 amendments Added to the constitution to persuade anti-federalists
10 – Separation of Powers and Federalism Federalist #10 also argues that Constitutional principles guard against the dangers of a direct democracy
51- The Federalist #51 explained why strong government is necessary: ãIf men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary

12. Bill of Rights 1- R.A.P.P.S 2-Right to bear arms
3-No quartering of soldiers
4-No unreansonable search and seizures
5-Grand jury indictment for serious crime
Double Jeopardy, Perjure oneself, due process

13. Bill of Rights 6-Speedy and public trial by impartial jury
Legal counsel, informed of charges, compel the attendance of favorable witness (subpoena)
7-trial by jury in civil matters
8-No excessive bail or fines, no cruel and unusual punishment
9-unlisted rights are not necessarily denied
10-powers not given to natl. govt. or denied to stated are reserved for states or people

14. Amending the Constitution
Congress proposes amendment by 2/3 vote in each house
State Legislature ratifies by a ¾ vote
Used for every amendment except 21st
State convention ratifies with ¾ vote
Repealed 21st amendment (prohibition)

15. Amending the Constitution
National Convention proposes amendment requested by 2/3 of the state
State legislature ratifies with 3/4 vote
State convention ratifies with 3/4 vote

17. Informal process of Constitutional Change
Judicial Interpretation
Changing Political Practice
Technology
Increasing demands on policymakers
The flexibility of the constitution has ensured its survival