The American ConstitutionThe American Constitution1788-200-1788-200-

America’s Second ConstitutionAmerica’s Second Constitution

Learning ObjectivesLearning Objectives

Identify the reasons the Articles of Identify the reasons the Articles of Confederation had to be replacedConfederation had to be replaced

Describe the process the founding fathers Describe the process the founding fathers went through in drafting the Constitution, went through in drafting the Constitution, identifying important compromisesidentifying important compromises

Explain the Madisonian ModelExplain the Madisonian Model Describe the debate involved in ratificationDescribe the debate involved in ratification Explain the Amendment processExplain the Amendment process Describe how the Constitution has Describe how the Constitution has

changed since ratificationchanged since ratification

Key TermsKey Terms

RepublicRepublic Separation of PowersSeparation of Powers Checks and BalancesChecks and Balances Popular SovereigntyPopular Sovereignty Federalist PapersFederalist Papers Bill of RightsBill of Rights RatificationRatification DemocracyDemocracy

Foundations of the American Constitution: Foundations of the American Constitution: Republicanism, Separation of Powers, Republicanism, Separation of Powers,

Checks and Balances, FederalismChecks and Balances, Federalism

I.I. The first American Constitution—Articles of The first American Constitution—Articles of Confederation (1781-1788)—was a failure. Confederation (1781-1788)—was a failure.

A. Reflected a fear of strong national governmentA. Reflected a fear of strong national government B. Based on a weak national congress which had B. Based on a weak national congress which had

no real power no real power C. States retained all real power C. States retained all real power D. No president, just a presiding officer D. No president, just a presiding officer E. Could make important decisions only by E. Could make important decisions only by unanimous consent. unanimous consent. F. Failure of the Articles was an important F. Failure of the Articles was an important experience for Americaexperience for America

Reasons the Articles FailedReasons the Articles Failed

Economic TurmoilEconomic Turmoil States had different currenciesStates had different currencies States had laws that favored debtorsStates had laws that favored debtors

Shay’s RebellionShay’s Rebellion A series of attacks on courthouses by a A series of attacks on courthouses by a

small band of farmers led by small band of farmers led by Revolutionary War Captain Daniel Shays Revolutionary War Captain Daniel Shays to block foreclosure proceedings.to block foreclosure proceedings.

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

statesstates Paper money was basically worthlessPaper money was basically worthless Congress couldn’t raise moneyCongress couldn’t raise money Actions taken:Actions taken: Powers of Congress strengthenedPowers of Congress strengthened Powers of states limitedPowers of states limited

The Individual Rights IssuesThe Individual Rights Issues

Some were written into the Constitution:Some were written into the Constitution: Writ of habeas corpusWrit of habeas corpus No bills of attainderNo bills of attainder No ex post facto lawsNo ex post facto laws Religious qualifications for holding office prohibitedReligious qualifications for holding office prohibited Strict rules of evidence for conviction of treasonStrict rules of evidence for conviction of treason Right to trial by jury in criminal casesRight to trial by jury in criminal cases

Some were not detailed, but they were protectedSome were not detailed, but they were protected Freedom of speech/expressionFreedom of speech/expression Rights of the accusedRights of the accused

II. The Constitutional Convention of 1787 II. The Constitutional Convention of 1787 was called to amend the Articles.was called to amend the Articles.

III. The delegates were appointed by their III. The delegates were appointed by their state governments. They were anstate governments. They were an

A. Educated elite A. Educated elite B. With Considerable experience in B. With Considerable experience in state government state government C. Included Washington, Madison, C. Included Washington, Madison, Franklin, Hamilton Franklin, Hamilton D. 74/55/39 D. 74/55/39 E. They were quite familiar with E. They were quite familiar with Locke, Hobbs, Blackstone, and other Locke, Hobbs, Blackstone, and other theorist.theorist.

They were all males from 12 of the 13 statesThey were all males from 12 of the 13 states Mostly wealthy planters & merchantsMostly wealthy planters & merchants Most were college graduates (which was Most were college graduates (which was

exceptional at the time)exceptional at the time) Many were coastal residents from the Many were coastal residents from the

larger cities, not the rural areaslarger cities, not the rural areas

IV. It took the delegates little time to realize IV. It took the delegates little time to realize that the Articles of Confederation could that the Articles of Confederation could not be amended in a fashion that would not be amended in a fashion that would create a viable government. The delegates create a viable government. The delegates decided that they had to write a new decided that they had to write a new constitutionconstitution

The Madisonian Model was very The Madisonian Model was very ImportantImportant

Based on a Constitutional RepublicBased on a Constitutional Republic

Republic: A form of government in which Republic: A form of government in which the people select representatives to the people select representatives to govern them and make laws.govern them and make laws.

Favors the status quo by:Favors the status quo by:

The Madisonian ModelThe Madisonian Model

Limiting Majority ControlLimiting Majority Control Separating PowersSeparating Powers Creating Checks and BalancesCreating Checks and Balances Establishing a Federal System—two Establishing a Federal System—two

levels of governmentlevels of government

Figure 2.3

The Madisonian ModelThe Madisonian Model

VI. Delegates agreed with much of the Madisonian model. VI. Delegates agreed with much of the Madisonian model. They agreed on: They agreed on:

A. The need for a republic—a representative form of A. The need for a republic—a representative form of government government

B. The need to divide power and authority to preserve it B. The need to divide power and authority to preserve it

C. The need to compromiseC. The need to compromise

VII. The delegates also wanted to create a government strong VII. The delegates also wanted to create a government strong enough to:enough to:

A. Promote private enterprise A. Promote private enterprise

B. Protect private property B. Protect private property

C. Protect the nation from foreign and domestic conflict C. Protect the nation from foreign and domestic conflict

D. Preserve the spirit and form of popular government D. Preserve the spirit and form of popular government without indulging in "excessive democracy"without indulging in "excessive democracy"

VIII. The delegates would after deliberation and compromise establish a VIII. The delegates would after deliberation and compromise establish a government based on:government based on:

A. Popular Sovereignty A. Popular Sovereignty B. Republicanism—rejected direct democracy, aristocracy, B. Republicanism—rejected direct democracy, aristocracy,

monarchy monarchy C. Federalism C. Federalism D. Separation of Powers D. Separation of Powers E. Checks and BalancesE. Checks and Balances

IX. The constitution resulted from some major compromises IX. The constitution resulted from some major compromises

A. Representation—House vs. Senate A. Representation—House vs. Senate B. No export taxes B. No export taxes C. Slave trade could continue for 20 years C. Slave trade could continue for 20 years D. Slaves counted at 3/5s for representation and taxes D. Slaves counted at 3/5s for representation and taxes E. President could negotiate treaties, approved by 2/3 vote of E. President could negotiate treaties, approved by 2/3 vote of

Senate Senate F. Congress would regulate both interstate and foreign commerce F. Congress would regulate both interstate and foreign commerce G. Bill of Rights would be addedG. Bill of Rights would be added

X. Final Product — 4300 words X. Final Product — 4300 words A. Three branches A. Three branches B. Separation of Powers B. Separation of Powers C. Checks and balances C. Checks and balances D. Executive—4 year term—originally elected by Electoral D. Executive—4 year term—originally elected by Electoral

College College E. Congress—two branches—Senate by State legislatures E. Congress—two branches—Senate by State legislatures

until 1913 until 1913 F. Independent federal court system F. Independent federal court system G. Approved by 9 of 13 states by 1788G. Approved by 9 of 13 states by 1788

XI. CreatedXI. CreatedA. A conservative government with limited power that could A. A conservative government with limited power that could

be changed only slowlybe changed only slowlyB. A constitution that could be adapted to changing timesB. A constitution that could be adapted to changing timesC. A system which at first could be impacted very little by C. A system which at first could be impacted very little by

elections elections D. A system that had to evolve over time to become a D. A system that had to evolve over time to become a

broad-based democracybroad-based democracy

The Origins of the ConstitutionThe Origins of the Constitution

XII. Changes over timeXII. Changes over time

A. Rise of political parties A. Rise of political parties

B. Changes in the election of president and Senate B. Changes in the election of president and Senate

C. Gradual inclusion of women and minoritiesC. Gradual inclusion of women and minorities

XIII. Characteristics of a DemocracyXIII. Characteristics of a Democracy

A. Values the individual over the state A. Values the individual over the state

B. Political Equality B. Political Equality

C. Popular Sovereignty—rule by the people C. Popular Sovereignty—rule by the people

D. Majority rule D. Majority rule

E. Minority rightsE. Minority rights

IV. Operationalized by: IV. Operationalized by:

A. The right to vote A. The right to vote

B. Free and fair elections B. Free and fair elections

C. The right to run for elected office C. The right to run for elected office

D. Freedom of expression, including critical views of the D. Freedom of expression, including critical views of the government, economy, and even democracy. government, economy, and even democracy.

E. The right to speak and consult alternative sources of E. The right to speak and consult alternative sources of information, including critical information. information, including critical information.

F. Freedom to form and join organizations F. Freedom to form and join organizations

G. Competition among political leaders to gain votes and G. Competition among political leaders to gain votes and other kinds of support other kinds of support

H. Institutions and political practices insuring that political H. Institutions and political practices insuring that political leaders gain office by winning in free and fair elections leaders gain office by winning in free and fair elections and leave office when they lose in a free and fair and leave office when they lose in a free and fair election. election.

I. Constitutionally protected rights guaranteed to all.I. Constitutionally protected rights guaranteed to all.

Three Major CompromisesThree Major Compromises

How They Dealt with Economic How They Dealt with Economic IssuesIssues

Ratifying the ConstitutionRatifying the Constitution

Federalist Papers written to explain and Federalist Papers written to explain and defend the Constitutiondefend the Constitution

A collection of 85 articles written by Alexander A collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison under the Hamilton, John Jay, and James Madison under the name “Publius” to defend the Constitution.name “Publius” to defend the Constitution.

Bill of RightsBill of Rights The first 10 amendments to the U.S. Constitution, The first 10 amendments to the U.S. Constitution,

drafted in response to some of the Anti-Federalist drafted in response to some of the Anti-Federalist concerns about the lack of basic liberties.concerns about the lack of basic liberties.

Ratifying the ConstitutionRatifying the Constitution

PreamblePreamble We the People of the United States, in

Order to form a more perfect Union,

establish Justice, insure domestic

Tranquility, provide for the common

defense, promote the general Welfare,

and secure the Blessings of Liberty to

ourselves and our Posterity, do ordain

and establish this Constitution for the

United States of America.

Democratizing the ConstitutionDemocratizing the Constitution

The original Constitution is rarely The original Constitution is rarely described as being really democratic.described as being really democratic.

But, over time there has been a gradual But, over time there has been a gradual democratization of the Constitution.democratization of the Constitution.

Constitutional ChangeConstitutional Change

The Informal Process of The Informal Process of Constitutional ChangeConstitutional Change

Judicial InterpretationJudicial Interpretation Changing laws and Political PracticesChanging laws and Political Practices TechnologyTechnology Increasing Demands on PolicymakersIncreasing Demands on Policymakers

Timeline: Key Points in the Timeline: Key Points in the Democratization of the Democratization of the

United StatesUnited States

SummarySummary Serious social, economic and administrative reasons lead Serious social, economic and administrative reasons lead

the founders to abandon the articles of confederation in the founders to abandon the articles of confederation in favor of a constitution that set up a more centralized favor of a constitution that set up a more centralized governmentgovernment

The new constitutions set up a government with three The new constitutions set up a government with three branches designed to check each other’s powers consisting branches designed to check each other’s powers consisting of of

A bicameral legislature representing the people (the House A bicameral legislature representing the people (the House of Representatives) and the states (the Senate)of Representatives) and the states (the Senate)

An executive, a president chosen by the electoral college to An executive, a president chosen by the electoral college to serve 4 year termsserve 4 year terms

A judicial branch with a supreme court and an independent A judicial branch with a supreme court and an independent federal court systemfederal court system

The debate over ratification led to the addition of the Bill of The debate over ratification led to the addition of the Bill of Right designed to protect certain individual rights.Right designed to protect certain individual rights.

The constitution has evolved over time to become more The constitution has evolved over time to become more democratic allowing for more direct elections and the democratic allowing for more direct elections and the inclusions of women and minorities inclusions of women and minorities

AppendixAppendix

Amending the Constitution: Amending the Constitution: A Two-Stage ProcessA Two-Stage Process

The Connecticut CompromiseThe Connecticut Compromise

Discussion QuestionsDiscussion Questions

How do the following compromises How do the following compromises made in writing the constitution made in writing the constitution reflect the various interests and reflect the various interests and concerns of the time?concerns of the time?

The Three-Fifths compromiseThe Three-Fifths compromise The Connecticut CompromiseThe Connecticut Compromise The Bill of RightsThe Bill of Rights

Discussion QuestionsDiscussion Questions

What does the small number of What does the small number of amendments to the Constitution amendments to the Constitution indicate about the document itself? indicate about the document itself? Is it a reflection of how well the Is it a reflection of how well the system it created functions or how system it created functions or how difficult it is to amend?difficult it is to amend?

Discussion QuestionsDiscussion Questions

Given how the federal system Given how the federal system created by the constitution has created by the constitution has evolved over the past 200 years, has evolved over the past 200 years, has the system of checks and balances the system of checks and balances the founders wrote into the the founders wrote into the constitution been successful in constitution been successful in creating the kind of government they creating the kind of government they envisioned?envisioned?

Discussion QuestionsDiscussion Questions

As our society has become As our society has become increasingly democratic is the increasingly democratic is the electoral college still necessary or electoral college still necessary or should it be abolished? Why or why should it be abolished? Why or why not?not?