1. The Constitution Chapter 2 Government in America: People, Politics, and Policy Thirteenth AP* Edition Edwards/Wattenberg/Lineberry Pearson Education, Inc., Longman © 2008

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

3. Origins of the Constitution The Road to Revolution The Road to Revolution Colonists faced tax increases after the French and Indian War. Colonists faced tax increases after the French and Indian War. Colonists lacked direct representation in parliament. Colonists lacked direct representation in parliament. Colonial leaders formed the Continental Congress to address abuses of the English Crown. Colonial leaders formed the Continental Congress to address abuses of the English Crown.

4. Origins of the Constitution European Claims in North America (Figure 2.1) European Claims in North America (Figure 2.1)

5. Origins of the Constitution Declaring Independence Declaring Independence In May and June 1776, the Continental Congress debated resolutions for independence. In May and June 1776, the Continental Congress debated resolutions for independence. The Declaration of Independence, which listed the colonists grievances against the British, is adopted on July 4, 1776. The Declaration of Independence, which listed the colonists grievances against the British, is adopted on July 4, 1776. Politically, the Declaration was a polemic, announcing and justifying revolution. Politically, the Declaration was a polemic, announcing and justifying revolution.

6. Origins of the Constitution The English Heritage: The Power of Ideas The English Heritage: The Power of Ideas Natural rights: rights inherent in human beings, not dependent on government Natural rights: rights inherent in human beings, not dependent on government Consent of the governed: government derives its authority by sanction of the people Consent of the governed: government derives its authority by sanction of the people Limited Government: certain restrictions should be placed on government to protect natural rights of citizens Limited Government: certain restrictions should be placed on government to protect natural rights of citizens

7. Origins of the Constitution

8. Winning Independence Winning Independence In 1783, the American colonies prevailed in their war against England. In 1783, the American colonies prevailed in their war against England. The “Conservative” Revolution The “Conservative” Revolution Restored rights the colonists felt they had lost Restored rights the colonists felt they had lost Not a major change of lifestyles Not a major change of lifestyles

9. The Government That Failed The Articles of Confederation The Articles of Confederation The first document to govern the United States, it was adopted in 1777 and ratified in 1781. The first document to govern the United States, it was adopted in 1777 and ratified in 1781. It established a confederation, a “league of friendship and perpetual union” among 13 states and former colonies. It established a confederation, a “league of friendship and perpetual union” among 13 states and former colonies. Congress had few powers; there was no president or national court system. Congress had few powers; there was no president or national court system. All government power rested in the states. All government power rested in the states.

10. The Government That Failed Changes in the States Changes in the States Liberalized voting laws increased political participation and power among a new middle class. Liberalized voting laws increased political participation and power among a new middle class. An expanding economic middle class of farmers and craft workers counterbalanced the power of the old elite of professionals and wealthy merchants. An expanding economic middle class of farmers and craft workers counterbalanced the power of the old elite of professionals and wealthy merchants. Ideas of equality spread and democracy took hold. Ideas of equality spread and democracy took hold.

11. The Government that Failed

12. The Government That Failed Economic Turmoil Economic Turmoil Postwar depression left farmers unable to pay debts Postwar depression left farmers unable to pay debts State legislatures sympathetic to farmers and passed laws that favored debtors over creditors State legislatures sympathetic to farmers and passed laws that favored debtors over creditors Shays’ Rebellion Shays’ Rebellion Series of attacks on courthouses by a small band of farmers led by Revolutionary War Captain Daniel Shays to block foreclosure proceedings. Series of attacks on courthouses by a small band of farmers led by Revolutionary War Captain Daniel Shays to block foreclosure proceedings. Economic elite concerned about Articles’ inability to limit these violations of individual’s property rights Economic elite concerned about Articles’ inability to limit these violations of individual’s property rights

13. The Government That Failed The Aborted Annapolis Meeting The Aborted Annapolis Meeting An attempt to discuss changes to the Articles of Confederation in September 1786 An attempt to discuss changes to the Articles of Confederation in September 1786 Attended by only 12 delegates from 5 states Attended by only 12 delegates from 5 states Called for a meeting in May 1787 to further discuss changes—the Constitutional Convention Called for a meeting in May 1787 to further discuss changes—the Constitutional Convention

14. Making a Constitution: The Philadelphia Convention Gentlemen in Philadelphia Gentlemen in Philadelphia 55 men from 12 of the 13 states 55 men from 12 of the 13 states Mostly wealthy planters & merchants Mostly wealthy planters & merchants Most were college graduates with some political experience Most were college graduates with some political experience Many were coastal residents from the larger cities, not the rural areas Many were coastal residents from the larger cities, not the rural areas

15. The Philadelphia Convention, continued Philosophy into Action Philosophy into Action Human Nature, which is self-interested Human Nature, which is self-interested Political Conflict, which leads to factions Political Conflict, which leads to factions Objects of Government, including the preservation of property Objects of Government, including the preservation of property Nature of Government, which sets power against power so that no one faction rises above and overwhelms another Nature of Government, which sets power against power so that no one faction rises above and overwhelms another

16. The Agenda in Philadelphia The Equality Issues The Equality Issues Equality and Representation of the States Equality and Representation of the States New Jersey Plan—equal representation in states New Jersey Plan—equal representation in states Virginia Plan—population-based representation Virginia Plan—population-based representation Connecticut Compromise Connecticut Compromise Slavery Slavery Three-fifths compromise Three-fifths compromise Political Equality and voting left to states Political Equality and voting left to states

17. The Agenda in Philadelphia

18. The Economic Issues The Economic Issues States had tariffs on products from other states States had tariffs on products from other states Paper money was basically worthless Paper money was basically worthless Congress couldn’t raise money Congress couldn’t raise money Actions taken: Actions taken: Powers of Congress to be strengthened Powers of Congress to be strengthened Powers of states to be limited Powers of states to be limited

19. The Agenda in Philadelphia

20. The Individual Rights Issues The Individual Rights Issues Some were written into the Constitution: Some were written into the Constitution: Prohibits suspension of writ of habeas corpus Prohibits suspension of writ of habeas corpus No bills of attainder No bills of attainder No ex post facto laws No ex post facto laws Religious qualifications for holding office prohibited Religious qualifications for holding office prohibited Strict rules of evidence for conviction of treason Strict rules of evidence for conviction of treason Right to trial by jury in criminal cases Right to trial by jury in criminal cases Some were not specified Some were not specified Freedom of speech and expression Freedom of speech and expression Rights of the accused Rights of the accused

21. The Madisonian Model To prevent a tyranny of the majority, Madison proposed a government of: To prevent a tyranny of the majority, Madison proposed a government of: Limiting Majority Control Limiting Majority Control Separating Powers Separating Powers Creating Checks and Balances Creating Checks and Balances Establishing a Federal System Establishing a Federal System

22. The Madisonian Model The Constitution and the Electoral Process: The Original Plan (Figure 2.2) The Constitution and the Electoral Process: The Original Plan (Figure 2.2)

23. The Madisonian Model

24. The Constitutional Republic The Constitutional Republic Republic: A form of government in which the people select representatives to govern them and make laws Republic: A form of government in which the people select representatives to govern them and make laws Favors the status quo – change is slow Favors the status quo – change is slow The End of the Beginning The End of the Beginning The document was approved, but not unanimously. Now it had to be ratified. The document was approved, but not unanimously. Now it had to be ratified.

25. Ratifying the Constitution

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

27. Ratifying the Constitution

28. Ratification Ratification Lacking majority support, the Federalists specified that the Constitution be ratified by state conventions, not state legislatures. Lacking majority support, the Federalists specified that the Constitution be ratified by state conventions, not state legislatures. Delaware first ratified the Constitution on December 7, 1787. Delaware first ratified the Constitution on December 7, 1787. New Hampshire’s approval (the ninth state to ratify) made the Constitution official six months later. New Hampshire’s approval (the ninth state to ratify) made the Constitution official six months later.

29. Constitutional Change

30. The Informal Process of Constitutional Change The Informal Process of Constitutional Change Judicial Interpretation Judicial Interpretation Marbury v. Madison (1803): judicial review Marbury v. Madison (1803): judicial review Changing Political Practice Changing Political Practice Technology Technology Increasing Demands on Policymakers Increasing Demands on Policymakers

31. The Importance of Flexibility The Constitution is short, with fewer than 8,000 words. The Constitution is short, with fewer than 8,000 words. It does not prescribe every detail. It does not prescribe every detail. There is no mention of congressional committees or independent regulatory commissions. There is no mention of congressional committees or independent regulatory commissions. The Constitution is not static, but flexible for future generations to determine their own needs. The Constitution is not static, but flexible for future generations to determine their own needs.

32. Understanding the Constitution The Constitution and Democracy The Constitution and Democracy The Constitution is rarely described as democratic. The Constitution is rarely described as democratic. There has been a gradual democratization of the Constitution. There has been a gradual democratization of the Constitution. The Constitution and the Scope of Government The Constitution and the Scope of Government Much of the Constitution reinforces individualism and provides multiple access points for citizens. Much of the Constitution reinforces individualism and provides multiple access points for citizens. It also encourages stalemate and limits government. It also encourages stalemate and limits government.

33. Summary The Constitution was ratified to strengthen congressional economic powers, even with disagreements over issues of equality. The Constitution was ratified to strengthen congressional economic powers, even with disagreements over issues of equality. Protection of individual rights guaranteed through the Bill of Rights. Protection of individual rights guaranteed through the Bill of Rights. Formal and informal changes continue to shape our Madisonian system of government. Formal and informal changes continue to shape our Madisonian system of government.