The ConstitutionThe Constitution

Chapter 2

Pre-TestPre-Test

What is a constitution? In what ways is a constitution key to democracy?

ConstitutionConstitution

Definition– A nation’s basic law. It creates political

institutions, assigns or divides powers in government, and often provides certain guarantees to citizens.

The U.S. ConstitutionThe U.S. Constitution

It is brief (originally just 7 Articles)It established the U.S. as a federal republic

composed of three branches (legislative, executive, and judicial)

Over time, it’s been amended to account for U.S.’s changing size and political systems

The Origins of the ConstitutionThe Origins of the Constitution

Declaration of Independence (1776)– Lists grievances against the king of England– Justifies revolution

The “Conservative” Revolution– Restored rights the colonists felt they had lost– Not a major change of lifestyles

Age of EnlightenmentAge of Enlightenment

View film clipRead handoutDiscuss questions in pairs

Age of EnlightenmentAge of Enlightenment

From 1650-1800Ideas from philosophers of this age

influenced those who wrote the US Constitution greatly

People had rights; dictatorships were immoral

Why did they believe government was necessary?

Natural Rights / Age of Natural Rights / Age of EnlightenmentEnlightenment

The idea of natural rights– Philosophy of John Locke– All are born with natural rights: life, liberty, &

property– Consent of the governed: a government is

legitimate only if the people approve of it– Limited government: natural rights are superior

to government; therefore, government should have limited power

Articles of Confederation: A Articles of Confederation: A Metaphor…Metaphor…

How might a young person who had very strict / protective parents (tight curfew, lots of limits on when and where you could go) react during their first year of college away from home?

In balance, do you think their upbringing would be a benefit or a cost? Why?– Show film clip– Look for What, How, & Why did it fail

The Articles of Confederation The Articles of Confederation (1776-1787)(1776-1787)

What: The first document to govern the United States

Why: Designed to preserve the independence of the states

So What: Ultimately a failure; national government was too weak!

National Government under National Government under the Articles of Confederationthe Articles of Confederation

Unicameral national legislatureNo executive or judicial institutionsMost power rests with state legislaturesNo power to taxNo regulation of foreign or interstate tradeNo national currencyNo national defense

Weaknesses of the ArticlesWeaknesses of the Articles

With no power to tax, the national government couldn’t repay its war debts

With no ability to establish and regulate trade, the national economy stalled

The states were NOT unified but independent states with different political, economic and social concerns

No ability to raise a militia leads to unrest

Shay’s RebellionShay’s Rebellion

What? A small band of farmers in Massachusetts rebelled by attacking courthouses to prevent judges from foreclosing on their farms

Under the Articles, neither Congress nor the state was able to raise militia to stop them

Significance: Final proof that the national government was too weak under Articles

Making a Constitution:Making a Constitution:The Philadelphia ConventionThe Philadelphia Convention

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

The Philadelphia Convention, The Philadelphia Convention, continuedcontinued

Philosophy into Action: All delegates believed…– Human Nature: People were self-interested; a strong

government was necessary– Political Conflict: inequality of wealth caused most

conflicts; factions had to be checked– Objects of Government: Government must protect the

rights of individuals to hold and acquire property and wealth

– Nature of Government: Must have checks on all aspects of government to prevent abuse of power

The Agenda in PhiladelphiaThe Agenda in Philadelphia

Equal Representation of the Equal Representation of the people in the legislaturepeople in the legislature

Equality of States: Two Plans for structure of Legislature were proposed

New Jersey Plan: each state should be allowed the same # of representatives in the national Congress

– This favored small states

Virginia Plan: Representation in the national Congress should be based on a state’s population

– This favored large states

Structure of the LegislatureStructure of the Legislature

Connecticut Compromise / Great Compromise – Established a bicameral (two house) congress– Senate would include two representatives from

each state– House would be based on state population

Three-fifths Compromise– Only 3/5 of slaves counted in determining state

representation for southern states (later repealed by 14th Amendment)

Economic PowersEconomic Powers

The Agenda in PhiladelphiaThe Agenda in Philadelphia

The Individual Rights Issues– Some were written into the Constitution:

Writ of habeas corpus (must explain charges to prisoners) No bills of attainder (punishment without trial) No ex post facto laws (punishment for act that wasn’t illegal

when committed) 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 / expression Rights of the accused

The Madisonian ModelThe Madisonian Model

Limiting Majority (and Minority) Control– No direct election of President or Senators

Separating Powers– Divided national gov’t into three branches, each with its

own powers and responsibilities Creating Checks and Balances

– To ensure no branch becomes too powerful, each can restrain the others

Establishing a Federal System– Shared power between national and state gov’ts

The Madisonian ModelThe Madisonian Model The Constitution and the Electoral Process: The

Original Plan (Figure 2.2)

Figure 2.3

The Madisonian ModelThe Madisonian Model

The Madisonian ModelThe 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 - changes are slow

Ratifying the ConstitutionRatifying the Constitution

The approval of at least nine states was needed to ratify the Constitution; it did not come easily

Federalists: supported passage of the Constitution

Anti-Federalists: favored more power for the states

Ratifying the ConstitutionRatifying the Constitution

Ratifying the ConstitutionRatifying the Constitution

Show film clip The Purpose and Intent of the Founders (http://www.hippocampus.org/History%20%26%20Government)

As you watch, look for– What were the Federalist Papers?– What is the Bill of Rights?– Who wanted the Bill of Rights and why?

Anti-FederalistsAnti-Federalists

Feared that the Constitution favored an elite minority

Believed that the Constitution failed to protect too many individual freedoms

Believed that a strong national government would limit the power of the states

Published articles denouncing the Constitution as a tool of the aristocracy

FederalistsFederalists

Supported passage of the Constitution Wrote The Federalist Papers

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

Added the 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.

– Provide civil liberties—protections against gov’t action

Formal AmendmentFormal Amendment

Changes the actual words of the Constitution

There have been only 27 Amendments

Activity: Look at 27 Amendments– What patterns / big picture observations can

you make about their nature/content?– Which do you think are most important? Why?

Formal AmendmentsFormal Amendments

It is difficult to change the words of the Constitution

The amendments collectively have made the U.S. Constitution more democratic by expanding voting rights and securing civil liberties

ProcessProcess

Proposal: An amendment is proposed first By 2/3 of Congress

OR By a national convention called by Congress at the

request of 2/3 of the states’ legislatures) Ratification means acceptance. There are two ways

to ratify a proposed amendment: By ¾ of the state legislatures accepting it

OR By ¾ of the states accepting it in a statewide

convention (21st Amendment only)

Figure 2.4

Constitutional ChangeConstitutional Change

Formal AmendmentsFormal Amendments

26 Amendments have passed in this way:– Proposed by 2/3 of each house of Congress and – Accepted by ¾ of the state legislatures

1 Amendment has passed this way: – Proposed by 2/3 of each house of Congress and – Accepted by ¾ of states in state conventions

(Prohibition)

Informal AmendmentInformal Amendment

The meaning of the Constitution Changes without changing the words

Most constitutional changes are made this way– Judicial Interpretation– Changing Political Practice– Technology

*Activity: Venn Diagram (with examples)

Informal Amendment: Informal Amendment: MethodsMethods

1.      Basic Legislation

– Details were added by Congresses – Ways it interprets the Constitution and carries out its

duties

2.      Executive Actions– Presidential power grows in times of crisis– Executive Agreement

3.   Supreme Court Decisions– Marbury v. Madison

Informal Amendments Informal Amendments MethodsMethods

4.   Political Parties– Nomination process– Election process

5.   Custom– Cabinet– 2 terms per President– Presidential succession

Judicial ReviewJudicial Review

The power of the courts to determine whether acts of Congress and the President are in accord with the U.S. Constitution

Established in the 1803 case Marbury v. Madison