1. The Constitution Civics
Copyright © 2009 Pearson Education, Inc. Publishing as Longman.

2. Guided Notes Question (GNQ)
1. What is a constitution and why is it important to society?

3. 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.

4. Guided Notes Question (GNQ)
2. Written primarily by Thomas Jefferson, what was the purpose of the Declaration of Independence?
3. Explain these core principles of John Locke’s philosophy of Civil Government?
Natural rights
Consent of the governed
Limited government

5. Origins of the Constitution
The English Heritage: The Power of Ideas
Natural rights: rights inherent in human beings, not dependent on government
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. Origins of the Constitution

7. Guided Notes Question (GNQ)
4. Why did it become necessary to dissolve and replace the Articles of Confederation?

8. The Government That Failed
The Articles of Confederation
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.
Congress had few powers; there was no president or national court system.
All government power rested in the states.

9. The Government That Failed
Economic Turmoil
Postwar depression left farmers unable to pay debts
State legislatures sympathetic to farmers and passed laws that favored debtors over creditors
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

10. Guided Notes Question (GNQ)
5. What are factions, what concerns regarding factions did James Madison raise, and what did the framers believe was the “secret of good government?”

11. Balancing Factions
Factions are groups of people who organize to promote similar interests
James Madison, the “Father of the Constitution,” believed factions derived from the unequal distribution of property.
The founders asserted that the “secret of good government is balance.”

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

13. The Philadelphia Convention
Philosophy into Action
Human Nature, which is self-interested
Political Conflict, which leads to factions
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

14. Guided Notes Question (GNQ)
6. The framers addressed political equality issues amongst the states at the Constitutional Convention with the following proposals and compromises. Explain them:
New Jersey Plan -
Virginia Plan -
Connecticut Compromise -
Three-fifths Compromise -

15. 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

16. The Agenda in Philadelphia

17. Guided Notes Question (GNQ)
7. What steps did the framers take to strengthen and stabilize the national economy?

18. 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 to be strengthened
Powers of states to be limited

19. The Agenda in Philadelphia

20. Guided Notes Question (GNQ)
8. Under Madison’s model of government, who originally elected each of the following?
Representatives of the House -
Senators –
President –
Federal judges –

21. The Madisonian Model

22. Guided Notes Question (GNQ)
9. The framers took great caution to pit power against power in the new government. Explain and provide examples of the following principles:
separation of powers
checks and balances

23. The Madisonian Model

24. The Madisonian Model
To prevent a tyranny of the majority, Madison proposed a government of:
Limiting Majority Control
Separating Powers
Creating Checks and Balances
Establishing a Federal System

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

26. Guided Notes Question (GNQ)
10. What are the only 6 individual rights stated in the articles of the U. S. Constitution (excluding the Bill of Rights)?-Explain if necessary

27. The Agenda in Philadelphia
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

28. Guided Notes Question (GNQ)
11. Write a one sentence summary for each regarding their views on the scope of government and who should rule.
FEDERALISTS
ANTI-FEDERALISTS

29. Federalists v. Anti-Federalists

30. Guided Notes Question (GNQ)
12. What is the Bill of Rights and why was it added to the Constitution prior to ratification?

31. 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

32. Ratifying the Constitution

33. 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.

34. Constitutional Change

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

36. The Importance of Flexibility
The Constitution is short, with fewer than 8,000 words.
It does not prescribe every detail.
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.

37. Understanding the Constitution
The Constitution and Democracy
The Constitution is rarely described as democratic.
There has been a gradual democratization of the Constitution.
The Constitution and the Scope of Government
Much of the Constitution reinforces individualism and provides multiple access points for citizens.
It also encourages stalemate and limits government.