The Constitution Chapter 2 Constitution l Definition A
- Slides: 32
The Constitution Chapter 2
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 – 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 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 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 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 – Objects of Government – Nature of Government
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 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 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 Balances l Establishing a Federal System
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 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 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
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.
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 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 IV Relations among the States
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 Constitution.
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 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 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 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.
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