1. The Constitution
Chapter 3
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2. In this chapter you will:
Discover the roots of the Constitution
See why Americans declared independence from England and learn about their first constitution, the Articles of Confederation
Follow the arguments that shaped the Constitution and the debate over its adoption
Learn how Americans have changed the Constitution—and how the Constitution has changed America.
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3. The Colonial Roots of the Constitution
Colonists developed their own political institutions, including compacts that became the forerunner of the Constitution
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4. Why the Colonists Revolted
For over a century, England ignored its American colonies and elected assemblies governed the colonists. After the French and Indian War, the English bypassed the colonial legislatures and imposed new rules and taxes.
These actions violated traditional colonial rights and exposed two different ideas of representation—the American concept of delegate representation (representatives respond to their constituents’ desires) and the English concept of trustee representation (representatives do what they consider best for all, regardless of constituent demands).
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5. Why the Colonists Revolted
English action also harmed colonial economic interests.
Americans fought an unusual revolution: Rather than demanding new rights, they were trying to preserve existing rights and economic interests.
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6. The Declaration of Independence
The Declaration of Independence asserted philosophical ideals as the basis of the new American government.
The first part of the Declaration features five ideals that sum up the nation’s political principles.
The second part of the Declaration lists twenty-seven grievances that led to the break. They emphasized the right of representation and consent of the governed.
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7. The First American Government The Articles of Confederation
Under the Articles of Confederation, thirteen independent states bound themselves into a confederation with a weak central government that had to rely on the states to implement its decisions.
Though feeble, this first U.S. government was, by the standards of the time, a very democratic one.
Delegates to the Constitutional Convention convened to fix the problems with the Articles of Confederation but chose to go much further and propose a new American government.
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8. The Constitutional Convention
The constitutional framers balanced two dangers: government that was too strong (the king of England) versus government that was too weak (the Articles of Confederation).
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9. The Constitutional Convention
The debates focused on five central issues:
Should the people be directly involved in government? Most delegates believed in filtration, or indirect elections.
National versus state power, which came down to a standoff between larger and smaller states. Big states backed Madison’s Virginia Plan. Small states countered with the New Jersey Plan. The Connecticut Compromise offered a solution: House members were elected on the basis of population, but every state had two Senate seats.
The nature of the presidency.
How best to separate governing powers, answered through a system of checks and balances. For the most part, these limits on concentrated authority would continue to develop long after ratification.
Slavery: Pragmatic compromise in the name of union overcame moral concerns. Delegates took care not to use the word slavery in the Constitution, but several clauses enabling the institution to expand would lead to the greatest conflict in the nation’s future.
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10. An Overview of the Constitution
The Constitution is a brief, elegant document with a preamble and seven articles (or major sections).
The Articles of the Constitution address
(1) Congress
(2) the presidency
(3) the judiciary
(4) relations between the states
(5) instruction for amending the Constitution
(6) an assertion that the Constitution is the supreme law of the land
(7) a process for ratifying the Constitution
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11. Ratification
The debate over ratifying the Constitution featured two visions of American government.
The Federalists argued that only an energetic national government could protect the nation and secure liberty. The Anti-Federalists called instead for a modest government that left power in state and local hands.
The state-by-state voting on ratification was very close, and it was well over a year before the Constitution was approved.
More than 225 years later, Americans are still debating the same question—How strong should the federal government be?
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12. Changing the Constitution
The Bill of Rights comprises the first ten amendments to the Constitution, which define the rights of American citizens.
Seventeen more amendments (out of more than one hundred thousand proposals) followed over the next 215 years.
American politics is always changing, but the Constitution still stands as the American political rulebook. However, the Constitution must be interpreted, for it is often unclear what the document means and how it applies to contemporary cases.
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13. Chapter Summary
The Constitution provides the ground rules for American politics. However, it is often unclear exactly how the Constitution applies to contemporary issues. We have to interpret its meaning.
The colonial experience prepared America for thinking about a constitution. The English practice of salutary neglect permitted the colonies to develop their own political institutions, centered on their legislatures. Americans became used to delegated, or actual, representation (reflecting voter sentiment), which contrasted with the British view of trustee, or virtual, representation (representing the whole nation regardless of public opinion).
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14. Chapter Summary
The Declaration of Independence has two parts. First, it states the American ideal: all people “are created equal” and “endowed by their creator with certain unalienable rights” including “life, liberty, and the pursuit of happiness.” Second, it lists colonial grievances, emphasizing the rights of free people to elect their legislatures.
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15. Chapter Summary
The first American government, under the Articles of Confederation, was an alliance of independent states that maximized popular participation. This government had some great successes, but many leaders felt that it was too weak and left the United States vulnerable to foreign powers.
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16. Chapter Summary
The Constitutional Convention, convened to fix the problems with the first American government, focused on six broad issues: popular involvement, national versus state power, big versus small states, checks and balances, the presidency, and slavery.
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17. Chapter Summary
Ratification of the Constitution involved an extremely close battle between Anti-Federalists, who opposed the Constitution, and Federalists, who supported it. The first ten amendments, known as the Bill of Rights, came out of the ratification debates and were approved by the First Congress. Seventeen more amendments followed in the next 215 years. American politics has changed enormously, but the Constitution continues to stand as the basic blueprint for American political life.
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