The Constitution Chapter 2 Constitution l Definition A

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 have advantages others don’t.

The Origins of the Constitution l The Road to Revolution – Colonists didn’t like the way they were treated. – Lacked direct representation in Parliament and resented the legislature imposing taxes w/o their consent l Declaring Independence – Political argument, announcing and justifying a revolution – The Declaration of Independence listed the abuses the colonists claimed. l The English Heritage: The Power of Ideas – Natural Rights – Consent of the governed – Limited Government

The Origins of the Constitution l Jefferson’s Creed Handiwork: The American – Locke’s influence – “life, liberty, and the pursuit of happiness” l Winning Independence 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 – – l The first document to govern the United States Congress had little powers States could engage in foreign trade http: //glencoe. com/sites/common_assets/socialstudi es/in_motion_10/usg/USG_049. swf Changes in the States – Expanded political power for some – Expanding economic middle class – Ideas of equality spreading

The Government that Failed l “the most common and durable source of factions [special interests] has been the various and unequal division of property” – James Madison

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

The Government That Failed l The Aborted Annapolis Meeting – An attempt to discuss changes to the Articles of Confederation. – Attended by only 12 delegates from 5 states. – Called for a meeting in May of 1787 to further discuss changes.

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

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 needed to be strengthened – States were limited in their activities

The Agenda in Philadelphia l The Slavery Issue l The issue of slavery is mostly ignored in the Constitution – No importation of slaves after 1808 – Escaped slaves had to be returned to their owners l How should slaves be counted for representation in the H of R? – Give states credit for three-fifths of slaves in determining pop. for representation

The Agenda in Philadelphia l The Individual Rights Issues – Some were written into the Constitution: l l No suspension of Writ of habeas corpus- court order requiring authorities to explain charges against a suspect in order to detain No bills of attainder- States/Congress cannot punish people w/o judicial trial No ex post facto laws- States/Congress cannot punish people or increase penalties for acts that wer not illegal when the act was committed Right to trial by jury in criminal cases – Some were not specified l l Freedom of speech / expression Rights of the accused

The Madisonian Model l Limiting Majority Control – Only the H of R is within direct control of the votes of the majority l Separating Powers – 3 branches of government relatively independent of one another so that no one branch could control the others l Creating Checks and Balances – Set power against power l Establishing a Federal System – Divide the power of government between a national government and individual states – Acts as an additional check on national government l http: //glencoe. com/sites/common_assets/socialstudies/in _motion_10/usg/USG_066. swf

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 The first factions (political parties) Federalists Anti-Federalists Federalist Papers (published under the name Publius) l James Madison l Alexander Hamilton l John Jay l l l Patrick Henry Samuel Adams James Monroe Richard Henry Lee George Mason

Ratifying the Constitution http: //glencoe. com/sites/common_assets/socialstudies/in_motion_10/usg/USG_057. swf l Federalists (large landowners, wealthy merchants, professionals) – Weaker state governments – Indirect election – Longer terms – Government by the elite – Not concerned about individual liberties l Anti-Federalists (small farmers, shopkeepers, laborers) – Strong state governments – Direct election – Short terms of office – Government by common man – Strong protections of individual liberties

Organization of Constitution l l l l Article 1: Legislative Article 2: Executive Branch Article 3: Judicial Branch Article 4: State Relations Article 5: Amending the Constitution Article 6: Supremacy of Nat’l Gov’t Article 7: Ratification Lazy Elephants Jump Slowly And Sleep Regularly

Constitutional Change http: //glencoe. com/sites/common_assets/socialstudies/in_motion_10/usg/USG_077. swf Figure 2. 4

Constitutional Change l The Informal Process of Constitutional Change – Judicial Interpretation – Changing Political Practice – Technology – Increasing Demands on Policymakers (p. 60 -63)

Internet Resources l Constitution & other papers l Biographies of the Founders l The Articles of Confederation