1. Chapter 2 Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Edwards, Wattenberg, and Lineberry Government in America: People, Politics, and Policy Fourteenth Edition

2.  Definition ◦ 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.

3.  The Road to Revolution ◦ Colonists faced tax increases after the French and Indian War. ◦ Colonists lacked direct representation in parliament. ◦ Colonial leaders formed the Continental Congress to address abuses of the English Crown.

5.  Declaring Independence ◦ In May and June 1776, the Continental Congress debated resolutions for independence. ◦ The Declaration of Independence, which listed the colonists grievances against the British, is adopted on July 4, 1776. ◦ Politically, the Declaration was a polemic, announcing and justifying revolution.

6.  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

8.  Winning Independence ◦ In 1783, the American colonies prevailed in their war against England.  The “Conservative” Revolution ◦ Restored rights the colonists felt they had lost ◦ Not a major change of lifestyles

9.  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.

10.  Changes in the States ◦ Liberalized voting laws increased political participation and power among a new middle class. ◦ An expanding economic middle class of farmers and craft workers counterbalanced the power of the old elite of professionals and wealthy merchants. ◦ Ideas of equality spread and democracy took hold.

12.  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

13.  The Aborted Annapolis Meeting ◦ An attempt to discuss changes to the Articles of Confederation in September 1786 ◦ Attended by only 12 delegates from 5 states ◦ Called for a meeting in May 1787 to further discuss changes—the Constitutional Convention

14.  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

15.  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

16.  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

18.  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

20.  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

21.  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

24.  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.  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

28.  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.

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

31.  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.

32.  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.

33.  The Constitution was ratified to strengthen congressional economic powers, even with disagreements over issues of equality.  Protection of individual rights guaranteed through the Bill of Rights.  Formal and informal changes continue to shape our Madisonian system of government.