0205684378 ch02.ppt [read-only]€¦ · the agenda in philadelphia the equality issues – equality...

Edwards, Wattenberg, and LineberryGovernment in America: People, Politics, and Policy

Fourteenth EditionFourteenth Edition

Chapter 2

The Constitution

Copyright © 2009 Pearson Education, Inc. Publishing as Longman.

ConstitutionConstitution

DefinitionDefinition– 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.

S t th b d l f th Sets the broad rules of the gameThe rules are not neutral; some

ti i t d li ti participants and policy options have advantages over others.


Origins of the ConstitutionOrigins of the Constitution

The Road to RevolutionThe Road to Revolution– Colonists faced tax increases after the

French and Indian WarFrench and Indian War.– Colonists lacked direct representation in

parliament.parliament.– Colonial leaders formed the Continental

Congress to address abuses of the English g gCrown.



Declaring IndependenceDeclaring Independence– In May and June 1776, the Continental

Congress debated resolutions for Congress debated resolutions for independence.

– The Declaration of Independence, which 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.



The English Heritage: The Power of The English Heritage: The Power of Ideas

Natural rights: rights inherent in human – Natural rights: rights inherent in human beings, not dependent on government

– Consent of the governed: government – Consent of the governed: government derives its authority by sanction of the peoplep p

– Limited Government: certain restrictions should be placed on government to protect


natural rights of citizens


Winning IndependenceWinning Independence– In 1783, the American colonies prevailed in

their war against Englandtheir war against England.The “Conservative” Revolution

R t d i ht th l i t f lt th h d – Restored rights the colonists felt they had lostNot a major change of lifestyles– Not a major change of lifestyles


The Government That FailedThe Government That Failed

The Articles of ConfederationThe 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 f i d hi d t l i ” 13 friendship and perpetual union” among 13 states and former colonies.

– Congress had few powers; there was no Congress had few powers; there was no president or national court system.

– All government power rested in the states.


g


Changes in the States– Liberalized voting laws increased political

participation and power among a new middle class.A di i iddl l f – An expanding economic middle class of farmers and craft workers counterbalanced the power of the old elite of professionals p pand wealthy merchants.

– Ideas of equality spread and democracy t k h ld


took hold.

The Government that FailedThe Government that Failed



Economic Turmoil– Postwar depression left farmers unable to pay

debtsSt t l i l t th ti t f d – State legislatures sympathetic to farmers and passed laws that favored debtors over creditors

Shays’ Rebelliony– Series of attacks on courthouses by a small band of

farmers led by Revolutionary War Captain Daniel Shays to block foreclosure proceedingsShays to block foreclosure proceedings.

– Economic elite concerned about Articles’ inability to limit these violations of individual’s property rights



The Aborted Annapolis MeetingThe Aborted Annapolis Meeting– An attempt to discuss changes to the

Articles of Confederation in September 1786Articles of Confederation in September 1786– Attended by only 12 delegates from 5 states

Called for a meeting in May 1787 to further – Called for a meeting in May 1787 to further discuss changes—the Constitutional Convention


Making a Constitution:The Philadelphia Convention

Gentlemen in PhiladelphiaGentlemen in Philadelphia– 55 men from 12 of the 13 states

Mostly wealthy planters and merchants– Mostly wealthy planters and merchants– Most were college graduates with some

political experiencepolitical experience– Many were coastal residents from the larger

cities not the rural areascities, not the rural areas


The Philadelphia ConventionThe Philadelphia Convention

Philosophy into ActionPhilosophy into Action– Human Nature, which is self-interested

Political Conflict which leads to factions– Political Conflict, which leads to factions– Objects of Government, including the

preservation of propertypreservation of property– Nature of Government, which sets power

against power so that no one faction rises against power so that no one faction rises above and overwhelms another


The Agenda in PhiladelphiaThe Agenda in Philadelphia

The Equality IssuesThe Equality Issues– Equality and Representation of the States

• New Jersey Plan equal representation in statesNew Jersey Plan—equal representation in states• Virginia Plan—population-based representation• Connecticut Compromisep

– Slavery• Three-fifths compromisep

– Political Equality and voting left to states



The Economic IssuesThe Economic Issues– States had tariffs on products from other

statesstates– Paper money was basically worthless

Congress couldn’t raise money– Congress couldn t raise money– Actions taken:

• Powers of Congress to be strengthened• Powers of Congress to be strengthened• Powers of states to be limited



The Individual Rights Issuesv g– Some were written into the Constitution:

• Prohibits suspension of writ of habeas corpus• No bills of attainder• No bills of attainder• No ex post facto laws• Religious qualifications for holding office prohibited

St i t l f id f i ti f t• 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


The Madisonian ModelThe Madisonian Model

To prevent a tyranny of the To prevent a tyranny of the majority, Madison proposed a government of:government of:– Limiting Majority Control

Separating Powers– Separating Powers– Creating Checks and Balances

E t bli hi F d l S t– Establishing a Federal System



The Constitutional RepublicThe Constitutional Republic– Republic: A form of government in which

the people select representatives to govern the people select representatives to govern them and make laws

– Favors the status quo – change is slowFavors the status quo change is slowThe End of the Beginning

The document was approved but not – The document was approved, but not unanimously. Now it had to be ratified.


Ratifying the ConstitutionRatifying the Constitution



Federalist PapersFederalist 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 RightsTh fi d h U S C i i – 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



RatificationRatification– Lacking majority support, the Federalists

specified that the Constitution be ratified by state conventions, not state legislatures.

– Delaware first ratified the Constitution on D b 7 1787December 7, 1787.

– New Hampshire’s approval (the ninth state to ratify) made the Constitution official six to ratify) made the Constitution official six months later.


Constitutional ChangeConstitutional Change


Constitutional ChangeConstitutional Change

The Informal Process of The Informal Process of Constitutional Change

Judicial Interpretation– Judicial Interpretation• Marbury v. Madison (1803): judicial review

– Changing Political Practice– Changing Political Practice– Technology

Increasing Demands on Policymakers– Increasing Demands on Policymakers


The Importance of FlexibilityThe Importance of Flexibility

The Constitution is short, with fewer The Constitution is short, with fewer than 8,000 words.It does not prescribe every detail.t does ot p esc be eve y deta .– There is no mention of congressional committees or

independent regulatory commissions.The Constitution is not static, but flexible for future generations to determine their

down needs.


Understanding the ConstitutionUnderstanding the Constitution

The Constitution and DemocracyThe Constitution and Democracy– The Constitution is rarely described as democratic.– There has been a gradual democratization of the g

Constitution.The Constitution and the Scope of GGovernment– Much of the Constitution reinforces individualism

and provides multiple access points for citizensand provides multiple access points for citizens.– It also encourages stalemate and limits

government.


SummarySummary

The Constitution was ratified to The Constitution was ratified to strengthen congressional economic powers, even with disagreements p , gover issues of equality.Protection of individual rights gguaranteed through the Bill of Rights.Formal and informal changes continue to shape our Madisonian

f Copyright © 2009 Pearson Education, Inc. Publishing as Longman.

system of government.

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