1. Thirteen years in the Making.
The Constitution
Thirteen years in the Making.

2. Constitution Definition Sets the broad rules of the game.
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 others don’t.

3. Origins of the Constitution
Shay’s Rebellion – realize need more structure
Constitutional Convention--1787
2nd Continental Congress—first American Gov’t
Declaration of Independence
1776
Articles of Confederation– 1st official constitution
Protest – Stamp Act Congress, committees of correspondence, Boston tea party, Embargo
Colonial government—own government in each colony
First written constitution—Mayflower Compact
1st Continental Congress—First governmental act, 1st official meeting

4. The Origins of the Constitution

5. The Government That Failed
The Articles of Confederation
Each state retained its sovereignty.
Congress had few powers—Post Office, pay ward debt, maintain an army and navy, and declare war/peace.
Built with a legislature only made up of 1 representative from each state.
States could engage in foreign trade
Each state had their currency and trade laws.
States had their own judicial system, Congress was the last resort.

6. Why it Failed…. Economic Turmoil Shays’ Rebellion
States had different currencies
States had laws that favored debtors
Shays’ Rebellion
A series of attacks on courthouses by a small band of farmers led by Revolutionary War Captain Daniel Shays to block foreclosure proceedings.
Changes in the States
Expanded political power for some
Expanding economic middle class
The Model
State representation—large versus small
No president or court system
High requirements for laws and change of them
Limited legislative powers
Values and Ideals
Liberal ideas of equality were spreading
Unsuccessful confederation experience

8. What to do? The Annapolis Meeting—Unsuccessful
An attempt to discuss changes to the Articles of Confederation.
Attended by only 12 delegates from 5 states.
Called for a meeting in May 1787 to further discuss changes.

9. Making a Constitution: The Constitutional Convention
Gentlemen in Philadelphia
55 men from 12 of the 13 states
Mostly wealthy planters & merchants
Most were college graduates with some political experience
Many were coastal residents from the larger cities, not the rural areas
Divided into two camps – federalists (led by James Madison) and the anti-federalists (led by Samuel Adams)

10. Federalists vs. Anti-Federalists
Background
Large landowners, wealthy merchants, professionals
Small farmers, shop keepers, laborers
Preferred Government
Strong national government, weaker state governments, indirect election of officials (electoral college, states electing congressmen), rule by the elite educated man, not concerned with individual freedoms
Strong state governments, weaker national government, direct election of officials, shorter terms, rule by the common man, individual freedoms

11. Things to Consider… Philosophy into Action
Human Nature—men love power and money. So we need a strong government to keep people in check.
Political Conflict– development of tyrannical factions
Objects of Government—is to ….protect property.
Nature of Government—to this end, what type is needed?

12. The English Heritage: The Power of Ideas
John Locke’s influence
Natural rights
Consent of the governed
Limited Government
The “Conservative” Revolution
Restored rights the colonists felt they had lost
Not a major change of lifestyles

13. The Agenda… The Equality Issues
Equality and Representation of the States
New Jersey Plan
Virginia Plan
Connecticut Compromise
Slavery
Political Equality

15. The Agenda…. 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

17. The Agenda… The Individual Rights Issues
Some were written into the Constitution:
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 / expression
Rights of the accused

18. Elements of the Constitution
Create a Constitutional Republic
Limiting Majority Control/Protect Minority Rights
Separating Powers/Create Checks and Balances
Establish a Federal System

19. Constitutional Republic
Republic: A form of government in which the people select representatives to govern them and make laws.
Favors the status quo - changes are slow
Called a representative democracy.

20. Majority/Minority Rights
James Madison believed that thwarting tyranny by the majority was key to keeping government stable.
How?
Place only one element directly in the hands of the people… direct election of representatives. Senators were to be elected by State Legislatures.
Set up a bi-cameral congress—one cannot pass legislation without the other.

21. Separate Powers/Checks and Balances
Figure 2.3

22. Set up a Federalist system
Divided the power between the federal government and the individual states.
By doing this they created a check on the federal government.

23. What was done??? Federalist Papers—Support Ratification
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—Compromise
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.

24. Constitutional Change-Formal
Figure 2.4

25. Constitutional Change-Informal
Judicial Interpretation
Miranda v. Arizona—strengthened 5th amendment rights
Changing Political Practice
How the 10th amendment or states rights are interpreted?
Technology
Copyrights and patents
Increasing Demands on Policymakers

26. Understanding the Constitution
There has been a gradual democratization of the Constitution.
Informal changes—PACs, political parties, universal suffrage
Constitutional Amendments—Bill of rights, 13th,14th, 15th, 17th, 19th, 24th, 26th amendments
Court Decisions—Incorporation, Right to Privacy, Brown v. BOE
Legislation—Civil Rights Act 1964, Voting Rights Act 1965, Open Housing Act 1968