1. American Government and Politics Today
Chapter 2
The Constitution

2. I. English Pol Heritage Colonists sense of Freedom
Limited Gov’t from Magna Carta 1215
Petition of Right 1628
English Bill of Rights 1688
E. Believed in Representative Gov’t modeled after Parliament
F. John Locke – Natural Law and Social Contract Theory

3. II. Gov’t in the Colonies
Today’s system comes from colonies
Written plans were key - ???
Elected assemblies established Representative Gov’t
D. Separation of Powers

4. III. On Their Own Allowed limited self Gov’t
French and Indian War leads to tightened control and reparations
II. Harsh treatment created unity
Petitions and Committees of Correspondence
First Continental Congress
Second Continental Congress

5. III. Independence Common Sense The Declaration of 1776
Three Parts
Purpose (Thesis)
List of Complaints (body)
Determination to Separate (Conclusion)
C. Set Fourth principals of a new gov’t

6. 1776 Ten States have constitutions that express
Consent of Governed
Limited Gov’t
Protection of Indy Rights

8. I. Gov’t under the Articles
Unicameral Congress w/ limited powers
1 State = 1 vote
No Exec
Weak Judicial Branch

9. II. Weaknesses in the Articles
No Revenue / No …
100% approval on Amend
No Exec leads to no enforcement
State court interpret Nat’l Law

10. III. Achievements of the Articles
Western Development
Signed Treaty w/ England
Set up departments which would later become Pres’s cabinet

11. IV. Need for Strength Gov’t’s debt left soldiers unpaid
Shay’s Rebellion
1786 Annapolis Convention

12. I. The Convention Begins
Experience among signers
Meetings in Secret
Throw out Articles and start over

13. II. Decisions and Compromises
The Virginia Plan
Concentrated power in a lower house that was to choose the executive.
Major weakness: representation was strictly by population, to the disadvantage of the small states.
New Jersey Plan
A one-state, one vote plan that would have created a relatively weak central government. Again, the executive was to be elected by the Congress.

14. Connecticut Compromise
Compromise between more populous states, which advocated representation based on population and the small states, which advocated representation equal for each state.
Also known as the Connecticut Plan, this provided for a bicameral legislature with one house based on population, the other with equal representation for each state. In this plan, Congress did not choose the president.

15. 3/5ths Compromise
Commerce & Slave Trade Compromise
Dealing by not Dealing
Other Compromises

16. III. Ratification Accept or Reject Federalists Anti-Federalists
Adding a Bill of Rights
1789 New Gov’t meets in NY

17. Working Toward the Final Agreement
The Madisonian Model
Separation of Powers. The legislative, executive, and judicial powers to be independent of each other
Checks and Balances. Government had considerably more power than under the Articles of Confederation. However, these men were distrustful of those who would hold this power and of the people who would select the governmental officials.

18. Working Toward the Final Agreement (cont.)
An Electoral College meant that the president was not to be chosen by Congress, but not by a popular vote either.

19. The Final Document
A summary of the results: popular sovereignty, a republican government, a limited government, separation of powers, and a federal system where both the national and the state governments each had their own sphere of influence.

20. Ratification
The Federalist Papers
An attempt to persuade the public to support the new form of government.
Federalist #10 and Federalist #51 provide an excellent view of James Madison’s political theory concerning human nature.

21. The March to the Finish
The vote by the Virginia ratification convention was essential and somewhat close.
The New York vote was even closer and put the Constitution “over the top.”
At this point, North Carolina and Rhode Island had little choice but to join.

23. Support for the New Constitution
Beard’s Thesis. Historian Charles Beard argued that the Constitution was put through by an undemocratic elite intent on the protection of property.
State Ratifying Conventions. These conventions were elected by a strikingly small part of the total population.
Support Was Probably Widespread. Still, the defense of property was a value that was by no means limited to the elite. The belief that the government under the Articles was dangerously weak was widespread.

24. The Bill of Rights
A “Bill of Limits.” The package was assembled by Madison, who culled through almost two hundred state suggestions.
No explicit limits on state government powers.
Did not apply to state governments. The restrictions only were applicable to the national government until the 14th amendment incorporated some of these rights.

25. The Formal Amendment Process
Every government needs to be able to cope with any new and unforeseen problem. Any Constitutional change should, however, be taken on with extreme caution. If the process to amend the Constitution is rigorous, there should be ample time to consider the merits of such a change.

27. Amending the Constitution
Although 11,000 amendments have been considered by Congress, only 33 have been submitted to the states after being approved, and only 27 have been ratified since 1789.
Recent amendments have usually been accompanied by time limits for ratification.
The National Convention Provision. Such a convention could be called and could rewrite the entire Constitution. The product of such a convention, however, would have to be ratified by the states in the same way as any amendment.

28. Informal Methods of Constitutional Change
Congressional Legislation
Presidential Action
Judicial Review
Interpretation, Custom, and Usage

29. II. Major Principles Federalism Checks & Balances Judicial Review –
Limited Gov’t –
Popular Sovereignty-
VI. Separation of Powers

30. Possible FRQ Ideas
Why did the British place restrictions on the colonies?
How was the term “people,” as used in the Declaration of Independence, defined? Did the members of the Second Continental Congress mean all people? What about the rights of women? Native Americans? Slaves?

31. Possible FRQ Ideas
What would have occurred if one or more of the states had rejected the Constitution? Could a single state have managed to survive outside the union of states?
What do you believe Madison would think about interest groups in modern society?