1. The Constitution Chapter 2 Government in America: People, Politics, and Policy Edwards/Wattenberg Updated for 16 th Edition Pearson Education, Inc., Longman © 2008

2. Texas vs Johnson (1989) What was the issue that spurred the case? What is the Constitutional significance of this case? How does this case deal with the issue of majority rule?

3. Constitution  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.

4. How does our Constitution differ from others? We have the oldest active constitution in the world Signed on September 17, 1787 (ratified in 1788, Bill of Rights added in 1789) Short document (7 Articles, 27 Amendments) Built on the Madisonian model of government

5. 7 Articles Article I: Legislative Branch Article II: Executive Branch Article III: Judicial Branch Article IV: Relationships between the nation and the states Article V: Amendment Process Article VI: Supremacy Clause Article VII: Ratification  Amendments I – XXVII (remember the first 10 are the Bill of Rights)

6. Origins of the Constitution The Road to Revolution  Colonists faced tax increases after the French and Indian War. Colonists were expected to pay for their own defense.  Colonists lacked direct representation in Parliament. (“No taxation without representation”) They had no say in tax increases, etc Showed displeasure with acts like the Boston Tea Party  Colonial leaders formed the Continental Congress to address abuses of the English Crown.

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

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

9. Origins of the Constitution – Locke’s Ideas The English Heritage: The Power of Ideas  Natural rights: rights inherent in human beings, not dependent on government What are they according to Locke? Jefferson?  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. What puts limits on OUR government?

10. John Locke – 2nd Treatise of Civil Government Locke says the purpose of government is to preserve natural rights. Very different from the belief in the divine right of kings 2 limits must be placed on government:  There must be standing laws so people know if their actions are acceptable  Preservation of property is the principle purpose of government People have the right to revolt against a government that no longer has their consent. Revolt should NOT be the first option

11. Origins of the Constitution Winning Independence  Declared ourselves independent in 1776. Revolutionary War 1775-1783 The “Conservative” Revolution  Restored rights the colonists felt they had lost  Not a major change of lifestyles.  Was it conservative or was it radical?

12. The Government That Failed The Articles of Confederation  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.

13. Key Provisions of the Articles

14. Changes in the States Increased democracy and liberty New middle class comes to power (farmers and artisans, not merchants, lawyers and land owners) State constitutions give power to the legislatures (not governors and judges) Rise in egalitarianism

15. FIGURE 2.2 Power shift: Economic status of state legislators before and after the Revolutionary War

16. The Government That Failed Economic Turmoil  Postwar depression left farmers unable to pay debts  State legislatures sympathetic to farmers and passed laws that favored debtors over creditors Shays’ Rebellion  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  Shays’ Rebellion proved the weakness of the government set up by the Articles. Change was necessary!

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

18. Making a Constitution: The Philadelphia Convention Gentlemen in Philadelphia  55 men from 12 of the 13 states (What’s up with THAT, Rhode Island????)  Mostly wealthy planters & merchants  Most were college graduates with some political experience  Many were coastal residents from the larger cities, not the rural areas

19. The Philadelphia Convention, cont. Philosophy into Action  Human Nature is self-interested, government should work to limit that  Political Conflict arises from the uneven distribution of wealth. Conflict leads to factions. Government needs to limit the effects of factions (Federalist 10).  Objectives of Government include the preservation of property  Nature of Government must be limited and contain checks on its own power. There must be checks and balances and separation of powers.

20. The Agenda in Philadelphia The Equality Issues  Equality and Representation of the States New Jersey Plan—equal representation in states Virginia Plan—population-based representation Connecticut Compromise (or GREAT Compromise) – created a bicameral legislature  Slavery Outlawed the IMPORTATION of slaves after 1808 Three-fifths compromise – count 3/5 of all slaves for purposes of taxation AND representation  Political Equality and voting left to states

21. The Agenda in Philadelphia 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

22. The Agenda in Philadelphia

23. The Individual Rights Issues  Some were written into the Constitution: Prohibits suspension of writ of habeas corpus No bills of attainder No ex post facto laws 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 and expression Rights of the accused

24. The Madisonian Model To prevent a tyranny of the majority, Madison proposed a government of:  Limiting Majority Control – direct vote ONLY for House of Reps  Separating Powers – 3 branches independent of each other  Creating Checks and Balances – diagram!!  Establishing a Federal System – divides and shares power between national government and the states

25. THE ORIGINAL ELECTORAL PROCESS VOTERS US House of Representatives Two Year term Electoral CollegeState Legislatures Some states Other states PRESIDENT Four year term SENATE Six-year term JUDICIARY Life time terms This was the ONLY branch elected directly by the people

26. Separation of Powers and Checks and Balances

27. The 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 – change is slow The End of the Beginning  The document was approved, but not unanimously. Now it had to be ratified.

28. Ratifying the Constitution

29. Federalist Papers  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  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 Major provisions included in the Bill of Rights:  Free Expression  Protection of Personal Beliefs  Protection of Privacy  Defendant’s Rights

30. Ratifying the Constitution Ratification  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.  New Hampshire’s approval (the ninth state to ratify) made the Constitution official six months later. Guess who was LAST? (Yep… Rhode Island. Rebel Rhodey!!)

31. Phase One - Proposal CONGRESS Can propose an amendment with a 2/3 vote in each house OR NATIONAL CONVENTION can propose an amendment requested by 2/3 of the states Phase Two - Ratification STATE CONVENTIONS can ratify an amendment by a vote of ¾ of the states STATE LEGISLATURES Can ratify an amedment by a vote of ¾ of the states ***Special Reminder!!*** The National Convention method has NEVER been used to propose an amendment EVER!!! Used for EVERY Amendment except the 21st ONLY used for the 21 st Amendment THE FORMAL AMENDMENT PROCESS

32. Constitutional Change The Constitution can change formally, meaning the WORDS of the document themselves change (through the addition of an amendment) There are also informal processes that change the MEANING of the Constitution  Judicial Interpretation Marbury v. Madison (1803): Judicial Review – power of the Supreme Court to decide if actions of the President and Congress are in accord with the Constitution  Changing Political Practice – political parties are mentioned NOWHERE in the Constitution  Technology – Role of the media, Internet, etc.  Increasing Demands on Policymakers – powers of the President have increased due to increased importance of foreign policy, the war on terrorism, etc

33. The Importance of Flexibility The Constitution is short, with fewer than 8,000 words. It does not prescribe every detail.  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.

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

35. Summary 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. Formal and informal changes continue to shape our Madisonian system of government.