Chapter 2

Constitutional Underpinnings

The Agenda in Philadelphia

• Revise the Articles of Confederation • 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 • Issues

– Equality- (voting left to the states) – Economic – Individual Rights

Equality Issues: Representation

Equality Issues: Slavery

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

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

The Madisonian Model

• James Madison- Father of the Constitution • 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

The Madisonian Model

The Madisonian Model: Checks & Balances

The Madisonian Model

• The Constitutional Republic – Republic: A form of government in which the

people select representatives to govern them and make laws

• Ratification of the Constitution – The document was approved, but not

unanimously. Now it had to be ratified. – Federalists vs. Anti-Federalists

Federalist Papers

• Essays written advocating for ratification of the Constitution

• The authors used the pseudonym "Publius” • Hamilton, Madison, and Jay

Federalist Papers cont.

• Federalist #10 – addresses the question of how to guard against "factions," or

groups of citizens, with interests contrary to the rights of others or the interests of the whole community

• Federalist #39 – redefines the term "republic“

• Federalist #51 – addresses means by which appropriate checks and balances can

be created in government and also advocates a separation of powers within the national government

Ratifying the Constitution

Formal Amending of the Constitution

Federal + State