The Origins of the Constitution Chapter 2 – The Constitution pp. 31-37

Texas v. Gregory Lee Johnson What do you think? What do you think now?

The Constitution Constitution A nation’s basic law Functions Creates political institutions Allocates power within government Provides guarantees to citizens - A Constitution establishes who has power and how that power is exercised

The English Heritage Read Chapter IX from John Locke’s Second Treatise of Civil Government. Answer these questions: Why do men agree to be governed? What is the chief aim of government? Explain the three defects/wants that exist in a state of nature. What powers does man have in a state of nature? What limits should be placed on governments?

The Declaration of Independence We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. Turn to Page 697 and follow along… What were some of the specific grievances of King George listed in the Declaration? The Declaration of Independence

Winning Independence “I am well aware of the toil, blood, and treasure that it will cost us to maintain this Declaration, and support and defend these states.” – John Adams

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

The Government That Failed Chapter 2- The Constitution pp. 37-40

Learning Objectives Explain how the weaknesses of the Articles of Confederation laid the groundwork for the Constitution.

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. Congress had few powers; there was no president or national court system. All government power rested in the states.

The Articles of Confederation Established a national unicameral legislature Each state had one vote Power to maintain army and navy No power to lay or collect taxes No power to regulate trade No president nor national court system Required unanimous vote to amend The Continental Congress lacked the power to deal with the new nation’s problems, especially the economic issues.

The Government That Failed Changes in the States 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. Ideas of equality spread and democracy took hold.

Economic Turmoil Postwar Economic Depression Many small farms faced foreclosure Lawmakers sympathetic to debtors Many states print worthless money

Shay’s Rebellion Scared Economic Elite People took the law into their own hands Violated property rights of others

The Philadelphia Convention

Learning Objectives Evaluate how the Constitutional Convention dealt with issues of equality. Summarize the major compromises of the Constitutional Convention. Explain why economic issues were high on the agenda at the Constitutional Convention and how the framers tried to strengthen the economic powers of the new national government.

The Philadelphia Convention 55 delegates met in May 1787 to amend the Articles of Confederation Abandoned Articles and began writing the U.S. Constitution

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

Philosophy Into Action Group Task What common views did the delegates have regarding Human Nature? Political Conflict? The Objects of Government? The Nature of Government?

The Philadelphia Convention Philosophy into Action Human Nature, which is self-interested Political Conflict, which leads to factions Objectives 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

Philosophy Into Action Human Nature Cynical view of human nature People motivated by power and money-Thomas Hobbes Government should control the natural self-interest of the people

Philosophy Into Action Political Conflict Madison’s View Unequal distribution of wealth led to conflict Conflict led to the development of factions Factions led to instability, violence, and tyranny Government needed to limit the power of factions

Philosophy Into Action Objects of Government Protection of Property and Wealth National Security Preservation of Order Promotion of General Welfare

Philosophy Into Action Nature of Government Favored a limited government Checks on power would limit factions

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

The Madisonian Model

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

The Madisonian Model

The Madisonian Model

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.

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.

Ratifying the Constitution

Ratifying the Constitution 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

Ratifying the Constitution

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.

Constitutional Change

Article V The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.

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

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.

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.