The Constitution Chapter 2

Pre-Test What is a constitution? In what ways is a constitution key to democracy?

Constitution Definition A nation’s basic law. It creates political institutions, assigns or divides powers in government, and often provides certain guarantees to citizens.

The U.S. Constitution It is brief (originally just 7 Articles) It established the U.S. as a federal republic composed of three branches (legislative, executive, and judicial) Over time, it’s been amended to account for U.S.’s changing size and political systems

The Origins of the Constitution Declaration of Independence (1776) Lists grievances against the king of England Justifies revolution The “Conservative” Revolution Restored rights the colonists felt they had lost Not a major change of lifestyles

Age of Enlightenment View film clip Read handout Discuss questions in pairs

Age of Enlightenment From 1650-1800 Ideas from philosophers of this age influenced those who wrote the US Constitution greatly People had rights; dictatorships were immoral Why did they believe government was necessary?

Natural Rights / Age of Enlightenment The idea of natural rights Philosophy of John Locke All are born with natural rights: life, liberty, & property Consent of the governed: a government is legitimate only if the people approve of it Limited government: natural rights are superior to government; therefore, government should have limited power

Articles of Confederation: A Metaphor… How might a young person who had very strict / protective parents (tight curfew, lots of limits on when and where you could go) react during their first year of college away from home? In balance, do you think their upbringing would be a benefit or a cost? Why? Show film clip Look for What, How, & Why did it fail

The Articles of Confederation (1776-1787) What: The first document to govern the United States Why: Designed to preserve the independence of the states So What: Ultimately a failure; national government was too weak!

National Government under the Articles of Confederation Unicameral national legislature No executive or judicial institutions Most power rests with state legislatures No power to tax No regulation of foreign or interstate trade No national currency No national defense

Weaknesses of the Articles With no power to tax, the national government couldn’t repay its war debts With no ability to establish and regulate trade, the national economy stalled The states were NOT unified but independent states with different political, economic and social concerns No ability to raise a militia leads to unrest

Shay’s Rebellion What? A small band of farmers in Massachusetts rebelled by attacking courthouses to prevent judges from foreclosing on their farms Under the Articles, neither Congress nor the state was able to raise militia to stop them Significance: Final proof that the national government was too weak under Articles

Making a Constitution: The Philadelphia Convention 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 Philosophy into Action: All delegates believed… Human Nature: People were self-interested; a strong government was necessary Political Conflict: inequality of wealth caused most conflicts; factions had to be checked Objects of Government: Government must protect the rights of individuals to hold and acquire property and wealth Nature of Government: Must have checks on all aspects of government to prevent abuse of power

The Agenda in Philadelphia

Equal Representation of the people in the legislature Equality of States: Two Plans for structure of Legislature were proposed New Jersey Plan: each state should be allowed the same # of representatives in the national Congress This favored small states Virginia Plan: Representation in the national Congress should be based on a state’s population This favored large states

Structure of the Legislature Connecticut Compromise / Great Compromise Established a bicameral (two house) congress Senate would include two representatives from each state House would be based on state population Three-fifths Compromise Only 3/5 of slaves counted in determining state representation for southern states (later repealed by 14th Amendment)

Economic Powers

The Agenda in Philadelphia The Individual Rights Issues Some were written into the Constitution: Writ of habeas corpus (must explain charges to prisoners) No bills of attainder (punishment without trial) No ex post facto laws (punishment for act that wasn’t illegal when committed) 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 / expression Rights of the accused

The Madisonian Model Limiting Majority (and Minority) Control No direct election of President or Senators Separating Powers Divided national gov’t into three branches, each with its own powers and responsibilities Creating Checks and Balances To ensure no branch becomes too powerful, each can restrain the others Establishing a Federal System Shared power between national and state gov’ts

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

The Madisonian Model Figure 2.3

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 - changes are slow

Ratifying the Constitution The approval of at least nine states was needed to ratify the Constitution; it did not come easily Federalists: supported passage of the Constitution Anti-Federalists: favored more power for the states

Ratifying the Constitution

Ratifying the Constitution Show film clip The Purpose and Intent of the Founders (http://www.hippocampus.org/History%20%26%20Government) As you watch, look for What were the Federalist Papers? What is the Bill of Rights? Who wanted the Bill of Rights and why?

Anti-Federalists Feared that the Constitution favored an elite minority Believed that the Constitution failed to protect too many individual freedoms Believed that a strong national government would limit the power of the states Published articles denouncing the Constitution as a tool of the aristocracy

Federalists Supported passage of the Constitution Wrote The Federalist Papers A collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison under the name “Publius” to defend the Constitution. Added the 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. Provide civil liberties—protections against gov’t action

Formal Amendment Changes the actual words of the Constitution There have been only 27 Amendments Activity: Look at 27 Amendments What patterns / big picture observations can you make about their nature/content? Which do you think are most important? Why?

Formal Amendments It is difficult to change the words of the Constitution The amendments collectively have made the U.S. Constitution more democratic by expanding voting rights and securing civil liberties

Process Proposal: An amendment is proposed first By 2/3 of Congress OR By a national convention called by Congress at the request of 2/3 of the states’ legislatures) Ratification means acceptance. There are two ways to ratify a proposed amendment: By ¾ of the state legislatures accepting it By ¾ of the states accepting it in a statewide convention (21st Amendment only)

Constitutional Change Figure 2.4

Formal Amendments 26 Amendments have passed in this way: Proposed by 2/3 of each house of Congress and Accepted by ¾ of the state legislatures 1 Amendment has passed this way: Accepted by ¾ of states in state conventions (Prohibition)

Informal Amendment The meaning of the Constitution Changes without changing the words Most constitutional changes are made this way Judicial Interpretation Changing Political Practice Technology *Activity: Venn Diagram (with examples)

Informal Amendment: Methods 1.      Basic Legislation Details were added by Congresses Ways it interprets the Constitution and carries out its duties 2.      Executive Actions Presidential power grows in times of crisis Executive Agreement 3.   Supreme Court Decisions Marbury v. Madison

Informal Amendments Methods 4.   Political Parties Nomination process Election process 5.   Custom Cabinet 2 terms per President Presidential succession

Judicial Review The power of the courts to determine whether acts of Congress and the President are in accord with the U.S. Constitution Established in the 1803 case Marbury v. Madison