The Constitution Chapter 2 Constitution l Definition A

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The Constitution Chapter 2

The Constitution Chapter 2

Constitution l Definition – A nation’s basic law. It creates political institutions, assigns or

Constitution l Definition – A nation’s basic law. It creates political institutions, assigns or divides powers in government, and often provides certain guarantees to citizens. l Sets the broad rules of the game. l The rules are not neutral- some participants and policy options have advantages others don’t.

The Origins of the Constitution l The English Heritage: The – John Locke’s influence

The Origins of the Constitution l The English Heritage: The – John Locke’s influence – Natural rights – Consent of the governed – Limited Government – Sancity of property Power of Ideas l The “Conservative” Revolution – Restored rights the colonists felt they had lost – Not a major change of lifestyles

The Government That Failed l The Articles of Confederation – The first document to

The Government That Failed l The Articles of Confederation – The first document to govern the United States – Congress had few powers – States could engage in foreign trade l Changes in the States – Expanded political power for some – Expanding economic middle class – Ideas of equality spreading

The Government That Failed l Economic Turmoil – States had different currencies – States

The Government That Failed l Economic Turmoil – States had different currencies – States had laws that favored debtors l Shays’ Rebellion – A series of attacks on courthouses by a small band of farmers led by Revolutionary War Captain Daniel Shays to block foreclosure proceedings.

Making a Constitution: The Philadelphia Convention l Gentlemen in Philadelphia – 55 men from

Making a Constitution: The Philadelphia Convention l 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, continued l Philosophy into Action – Human Nature – Political Conflict

The Philadelphia Convention, continued l Philosophy into Action – Human Nature – Political Conflict – Objects of Government – Nature of Government

The Agenda in Philadelphia l The Equality Issues – Equality and Representation of the

The Agenda in Philadelphia l The Equality Issues – Equality and Representation of the States New Jersey Plan l Virginia Plan l Connecticut Compromise l – Slavery – Political Equality

The Agenda in Philadelphia

The Agenda in Philadelphia

The Agenda in Philadelphia l The Economic Issues – States had tariffs on products

The Agenda in Philadelphia l The 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

The Agenda in Philadelphia

The Agenda in Philadelphia

The Agenda in Philadelphia l The Individual Rights Issues – Some were written into

The Agenda in Philadelphia l The Individual Rights Issues – Some were written into the Constitution: l l l Writ of habeas corpus Art. 1, 9 No bills of attainder Art. 1, 9 No ex post facto laws Art. 1, 9 Religious qualifications for holding office prohibited VI Strict rules of evidence for conviction of treason III, 3 Right to trial by jury in criminal cases III, 2 – Some were not specified l l Freedom of speech / expression Rights of the accused

The Madisonian Model l Limiting Majority Control l Separating Powers l Creating Checks and

The Madisonian Model l Limiting Majority Control l Separating Powers l Creating Checks and Balances l Establishing a Federal System

The Madisonian Model l The Constitution and the Electoral Process: The Original Plan (Figure

The Madisonian Model l The Constitution and the Electoral Process: The Original Plan (Figure 2. 2)

The Madisonian Model Figure 2. 3

The Madisonian Model Figure 2. 3

The Madisonian Model l The Constitutional Republic – Republic: A form of government in

The Madisonian Model l 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 l The End of the Beginning – The document was approved, but not unanimously. Now it had to be ratified.

Ratifying the Constitution

Ratifying the Constitution

Ratifying the Constitution l Federalist Papers – A collection of 85 articles written by

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

Ratifying the Constitution

Ratifying the Constitution

Federalism l Definition has changed over the centuries l Civil War, the Great Depression

Federalism l Definition has changed over the centuries l Civil War, the Great Depression and WWII were major events that led to these changes. – Greater demands for controls by the national government. – Federalism has come to mean both the economic leadership from national capital, and reduction size of federal government and return power to states

Preamble l Set six basic goals of new government.

Preamble l Set six basic goals of new government.

Article I l Organization of House and Senate l Workings of the Congress l

Article I l Organization of House and Senate l Workings of the Congress l The Powers of Congress “Delegated”, “Enumerated”, “Implied”, “Necessary and Proper” l Powers Denied to Congress

Article II l Executive and the Electoral College l Powers and Duties of the

Article II l Executive and the Electoral College l Powers and Duties of the President l Removal of the President, Vice President, or “all civil Officers of the United States”

Article III l Judicial Branch l The Federal Courts l Treason

Article III l Judicial Branch l The Federal Courts l Treason

Article IV Relations among the States

Article IV Relations among the States

Article VI l Supremacy Clause – Constitution “shall be the supreme Law of the

Article VI l Supremacy Clause – Constitution “shall be the supreme Law of the Land…. . ” – Leaders are bound by oath to support the Constitution – No relegious test

Article VII l Ratification – 9 of 13 states were needed to ratify the

Article VII l Ratification – 9 of 13 states were needed to ratify the Constitution.

Amendments Since the Bill of Rights was ratified in 1781, only 17 additions have

Amendments Since the Bill of Rights was ratified in 1781, only 17 additions have been made. Many are governmental procedures Only a handful of important expansions of civil liberties have been created in over 200 years.

Article V l Amending the Constitution – Congress proposes amendments with two-thirds vote of

Article V l Amending the Constitution – Congress proposes amendments with two-thirds vote of each house – State Legislatures ratify with a three-fourths vote or – Two-thirds of the state legislatures request a national constitutional convention where and amendment is proposed – Three fourths of specifically called state convention vote to ratify.

Constitutional Change Figure 2. 4

Constitutional Change Figure 2. 4

Constitutional Change l The Informal Process of Constitutional Change – Judicial Interpretation Marbury v.

Constitutional Change l The Informal Process of Constitutional Change – Judicial Interpretation Marbury v. Madison – Changing Political Practice – Parties, Electoral – Technology – Increasing Demands on Policymakers

Understanding the Constitution l The Constitution and Democracy – The Constitution itself is rarely

Understanding the Constitution l The Constitution and Democracy – The Constitution itself is rarely described as democratic. – There has been a gradual democratization of the Constitution. l The Constitution and the Scope of Government – Much of the Constitution limits government. – The Constitution reinforces individualism, yet encourages hyperpluralism.