Chapter 2

THE CONSTITUTION

Shays’s Rebellion, 1786

Widespread economic problems among farmers at the end of the Revolutionary War

Nonpayment of taxes and debts led to foreclosure proceedings and imprisonment for debt.

Farmers in western Massachusetts took up arms to prevent courts from meeting

Armed farmers led by Captain Daniel Shays forced the ill-equipped state militia to withdraw.

By the spring of 1787, special armed forces recruited from the Boston area defeated the rebels.

Aftermath of Shays’s Rebellion

Shays’s Rebellion reinforced the fears of national leaders about the dangers of ineffective state governments and of popular democracy out of control.

In this climate of crisis, a call was issued to meet in Philadelphia to correct defects in the Articles of Confederation.

Delegates to the Philadelphia convention were instructed to propose revisions for the Articles of Confederation, but they wrote an entirely new constitution instead.

The Political Theory and Practices of the Revolutionary Era

Conflicts over the meaning of democracy and liberty in the new nation Initially, the Revolution was fought to preserve

an existing way of life. Traditional rights of life, liberty, and property

seemed to be threatened by British policies on trade and taxation.

The Revolution was inspired by a concern for liberty together with the development of sentiments for popular sovereignty and political equality.

Basic concepts in the Revolutionary era Liberty — the preservation of traditional

rights against the intrusions of government Popular sovereignty — assumes that

ultimate political authority belongs to the people

Political equality — refers to decision making where each person carries the same weight

Prelude to the Declaration of Independence

Delegates to the Second Continental Congress did not originally have independence in mind.

By the spring of 1776, delegates concluded that separation and independence were inescapable.

A special committee was appointed to draft a declaration of independence.

The Declaration of Independence was unanimously adopted by the Second Continental Congress on July 4, 1776.

Thomas Jefferson’s Contributions

The Declaration of Independence was primarily the work of Jefferson.

Jefferson was heavily influenced by the writings of John Locke, especially The Second Treatise on Government.

Jefferson’s ideas are so familiar to us today that it is easy to miss their revolutionary importance.

Key ideas in the Declaration of Independence

Legitimate government could only be established by the people and governed with their consent.

Human beings possess rights that cannot be legitimately given away or taken from them.

People create government to protect these rights.

The people can withdraw their consent from government and create a new one if government fails to protect rights or becomes a threat to them.

Omissions in the Declaration of Independence — Avoidance of Several Controversial Issues

Did not deal with the issue of what to do about slavery

Did not say anything about the political status of women, Native Americans, or African-Americans who were not slaves

Theory in Practice — Early State Constitutions

By the end of the war in 1783, eleven of the colonies had created their own governments, free from royal control.

Each state began with a written constitution.Provisions of the New State Constitutions

Bills of rights Legislative supremacy and restrictions on the

powers of executives Frequent elections and restrictions on the right to

vote and hold elective office

The Articles of Confederation: The First Constitution

Provisions of the Articles of Confederation A loose confederation of independent states Weak central government

Problems under the Articles of Confederation Indebtedness and inability to finance its activities Inability to defend American interests in foreign

affairs Commercial warfare among the states

Convening the Constitutional Convention

Growing concern by influential citizens about democratizing and egalitarian tendencies

The republican beliefs of the Founders The framers favored republicanism, not

democracy. Objectives of eighteenth-century republicans How republican objectives should be attained Republicanism represented a step toward

democracy, but retained some aristocratic or elitist features.

Why the Founders Were Worried

The Revolution began to take on a more democratic character as it increasingly involved the common people.

In the mid-1780s, popular conventions were established to monitor and control the actions of state legislators.

The constitution of the state of Pennsylvania replaced the property qualifications as a requirement to vote with a very small tax (thus allowing many more people to vote).

The Threat to Property Rights in the States

The right of people to own private property was one of the freedoms republicans wanted to protect against tyrannical governments.

This freedom appeared to be endangered by developments in the 1770s and 1780s.

Popular opinion strongly favored property rights but also sympathized with the farmers.

Shays’s Rebellion greatly alarmed many American leaders.

The Constitutional Convention

By 1787, most of America’s leaders were convinced that the new nation was in great danger of failing.

The Founders: Characteristics of the delegates to the Constitutional Convention Wealthy men, well-educated Young, but with broad experience in American

politics Familiar with the great works of Western

philosophy and political science

Debate Over the Intentions of the Framers

The framers were characterized by a complex mixture of motives.

Historian Charles Beard claimed the framers were engaged in a conspiracy to protect their personal economic interests.

Scholars still disagree over the motives and intentions of the framers.

Consensus Among the Delegates

Agreement on the need to substitute a new constitution for the Articles of Confederation

Support for a substantially strengthened national government

Concern that a strong national government is potentially tyrannical

Conviction that government should not be allowed to fall into the hands of particular interests.

Belief in a republican form of government

Conflict Often Centered Around Disagreements Between Large and Small States.

Representation of the states in the legislature

Status of slaverySelection of the president

Compromises at the Constitutional Convention

Proposals for representation — the most intense of the debates concerned the relative power of large and small states Virginia Plan New Jersey Plan Great Compromise

Slavery — a potentially divisive issue at the Convention Several provisions were adopted that explicitly

recognized the legal standing of slavery (but without mentioning it by name).

Three-fifths Compromise Enactments against the slave trade were

prohibited until the year 1808, but a tax or duty on such importation was permitted.

Return of runaway slaves

The presidency A single executive. Indirect election of the president by an

electoral college The House of Representatives would choose

a president if no one received a majority of electoral votes.

The system of presidential election became far more democratic than the framers intended.

Understanding the Constitution — What the Framers Created

The Constitution is one of the major structural factors that has influenced the evolution of American government. Major outlines of our present-day government

are expressed in the document written in 1787.

The 1787 text continues to shape politics today.

Only 27 formal amendments have been added in more than 200 years.

Republican form of government Based on popular consent and some

popular participation, but placed barriers in the path of majoritarian democracy

Limits the purposes and powers of government in order to prevent tyranny

Federalism: Division of Powers The framers created a federal system with a

relatively strong central government.Supremacy clause (Article VI, Section 2)Important powers assigned to the national

governmentElastic clause (Article I, Section 8)

States remain important components within the federal system.

The powers in the Constitution tilt slightly toward the center.

Limited government The Constitution lists specific powers of

the national government (Article I, Section 8) and specifically denies others (Article I, Section 9).

The Bill of Rights imposes restraints on the national government by protecting fundamental rights of citizens.

Checks on majority rule Created a system in which the people rule

only indirectlyBicameral legislature, with varying terms of office

and different constituenciesIndirect election of the president and Senate

(changed by Amendment XVII)Presidential appointment of judges and

confirmation by the Senate

Cumbersome and difficult amendment process

Fragmented government: Separation of powers and checks and balances During the American Revolution, American

leaders worried primarily about the misrule of executives and judges.

Those who drafted the Constitution were more afraid of the danger of legislative tyranny.

The framers turned to the idea of mixed or balanced government, which had been popularized by the French philosopher Montesquieu.

Executive, legislative, and judicial powers, were placed into different branches (the basis for the U.S. constitutional principle of separation of powers).

No branch could control all powers or dominate the other branches.

The framers also arranged for the legislative, executive, and judicial powers to check one another and share power (the principle of checks and balances).

Creating the foundations for a national free enterprise economy The framers were concerned that a system

“too much upon the democratic order” would threaten private property.

Constitutional protections for property rights The framers took steps to encourage the

emergence of a national free enterprise economy.

The Battle to Ratify the Constitution

Delegates had been instructed to propose alterations to the Articles of Confederation, but they wrote an entirely new Constitution instead.

Ratification was a difficult process. Federalists — favored ratification Anti-Federalists — opposed ratification Despite the intensity of debate over ratification,

Americans quickly accepted the new order.

The Changing Constitution, Democracy, and American Politics

The Constitution is the basic rule book for the game of American politics.

Constitutional rules Apportion power and responsibility among

governmental branches Define the fundamental nature of relationships

between governmental institutions Specify how individuals are to be selected for

office Tell how the rules themselves may be changed

How the Constitution Changes

Constitutional rules can and do change over time.

The tendency of the Constitution to change with the times is why we sometimes use the term the living Constitution.