The Constitution

1. The Constitution Chapter 2:

2. Constitution • 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. Origins of the Constitution • 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.

4. Origins of the Constitution

5. Origins of the Constitution • 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. 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

7. Origins of the Constitution

8. Origins of the Constitution • 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 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.

10. The Government That Failed • 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.

11. The Government that Failed

12. 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

13. The Government That Failed • 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. 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

15. 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

16. 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

17. The Agenda in Philadelphia

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. 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

21. 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

22. The Madisonian Model

23. The Madisonian Model

24. 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.

25. Ratifying the Constitution

26. 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

27. Ratifying the Constitution

28. 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.

29. Constitutional Change

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

31. 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.

32. 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.

33. Summary • 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.