1. Chapter 2
The Constitution

2. Learning Objectives: The Enduring Questions
How has the challenge of political leadership changed since the republic's first decades?
What was wrong with the Articles of Confederation?
How did the authors of the Constitution view human nature?
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3. Learning Objectives: The Enduring Questions
How can a government be strong enough to govern without threatening freedom?
Did the authors of the Constitution understand liberty and equality the way that most Americans now do?
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4. The Challenge of Leadership
Little privacy in today’s political world
U.S. Supreme Court is an exception
First generation of U.S. leaders
Much-acclaimed for their extraordinary intellects, characters, and other talents; today’s leaders are criticized for lacking in these traits
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The Problem of Liberty
Goal of American Revolution was liberty
Americans sought to protect entitled liberties
Right to bring cases before independent judges
Freedom from having British troops quartered
Freedom to engage in trade without restrictions
Freedom from paying taxes levied by the British
Many believed that only independence would guarantee freedom
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Human Nature
Humans born with “natural rights”
Cannot be taken away
Life, liberty, and property
Revolution was about ideology, not money
The Declaration of Independence set out an ideal
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The Real Revolution
John Adams explained that the real revolution was the “radical change in principles, opinions, sentiments, and affections of the people”
Political authority rests only on consent
These were remarkable views at the time
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8. The Articles of Confederation
Alliance formed by original thirteen colonies
Drafted in 1777 and ratified in 1781
Created a weak national government
Could not levy taxes or regulate commerce
Each state retained sovereignty and independence
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9. The Constitutional Convention
The Lessons of Experience
Pennsylvania constitution
Advocated a unicameral legislature
No real executive
The Massachusetts constitution
Less democratic
Clear separation of powers
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10. The Constitutional Convention
The Lessons of Experience (continued)
Shays’s Rebellion
Wanted to prevent foreclosures of farms as a result of high interest rates and taxes
The revolt highlighted the weaknesses of the Articles of Confederation
Bolstered support for a stronger national government
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11. The Constitutional Convention
The Framers
Philadelphia Convention
55 delegates attended
Produced a wholly new written constitution that created a true national government
James Madison, often described as the “Father of the Constitution,” prepared the Virginia Plan that formed the basis for the deliberations at the 1787 convention.
Source: Bettmann/Corbis
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12. The Constitutional Convention
The Challenge
How to devise a government strong enough to preserve order but not so strong that it would threaten liberty
Belief by Madison and the other Framers that people would seek power because they are by nature ambitious, greedy, and easily corrupted
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13. The Constitutional Convention
Large States versus Small States
Virginia Plan: favored by large states
New constitution written by James Madison
National legislature would have supreme power over the states
The people would directly elect at least one house of the legislature
New Jersey Plan: favored by small states
Population of states was a concern
Sought to amend the Articles of Confederation
Would keep the one-state, one-vote system of representation
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14. The Constitutional Convention
The Compromise
House of Representatives based on state population
State-elected Senate with two members for each state
Unresolved issues handled by a “Committee of Detail”
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15. The Constitutional Convention
For Representative Democracy
Framers created a republic
Limitations placed on power of government
Supreme Court given the power of judicial review
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16. The Constitutional Convention
Two Key Principles: Separation of Powers and Federalism
A separation of powers ensures that political power would be shared by three separate branches of government
Federalism divides political authority between a national government and state governments
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17. The Constitutional Convention
Government and Human Nature
Checks and balances—the power of the legislative, executive, and judicial branches of government to block some acts by the other two branches
Competing factions—groups of people who seek to influence public policy in ways contrary to the public good
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18. The Constitution and Liberty
The Antifederalist View
Federalists
supporters of a stronger central government
Advocated ratification of the Constitution
Antifederalists
Opponents of a strong central government
Wanted a confederation of largely independent states
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19. The Constitution and Liberty
The Antifederalist View (continued)
The Federalist Papers
Madison argued that liberty is safest in large republics
In order to rule, different interests must form a coalition
Coalitions in a larger republic would be more diverse and more moderate
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20. The Constitution and Liberty
Need for a Bill of Rights
To be ratified, the Constitution needed a bill of rights
Ten amendments were ratified by states
The Fourteenth Amendment extended many of the guarantees contained in the Bill of Rights to the states
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21. The Constitution and Slavery
Constitution does not mention slavery
Apportionment of seats in House of Representatives
Counted all free persons and three-fifths of slaves
Congress could not prohibit importation of slaves
Escaped slaves would be returned to their masters
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22. The Constitution and Slavery
Any effort to use the Constitution to end slavery would have meant the end of the Constitution
Unresolved issue of slavery led to the Civil War
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The Constitution was silent about slavery, so buying and selling slaves continued for many years.
Source: American Slave Market, 1852 (oil on canvas), Taylor (fl.1852)/© Chicago History Museum, USA/The Bridgeman Art Library
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24. Political Ideals or Economic Interests?
The economic interests of the Federalists and Antifederalists offset one another
Debate over what group the Constitution favors
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Liberty and Equality
Is government too weak to reduce social inequality?
Understanding of liberty and equality has changed since founding
Stronger government favored in today’s world
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26. A Recipe for Moderation
Constitution does not allow bold action
Opposite of a parliamentary democracy
Requires broad coalition of interests be mobilized for change
Most coalitions are moderate
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WHAT WOULD YOU DO?
MEMORANDUM To: Enrico Verico, Arkansas state senate majority leader From: Maria Hutchinson, chief of staff Subject: Proposal for a New Constitutional Convention In the 1990s, Arkansas and several other states approved term limits for their members of Congress, but the Supreme Court ruled in 1995 that states do not have this authority. Now term-limit advocates are pursuing a broader strategy, calling for states to approve legislation that would require Congress to consider several amendment proposals, including term limits and abolishing the electoral college to permit the direct popular election of the president. The Arkansas General Assembly passed such a bill last week, and several senators in your party have declared their support.
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WHAT WOULD YOU DO?
Arguments for:
Because the Twenty-second Amendment restricts the president to two terms, members of Congress should face similar limits.
Term limits will ensure that national leaders do not become career politicians.
The public favors the direct popular election of the president; this constitutional convention would make possible abolishing the electoral college.
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WHAT WOULD YOU DO?
Arguments against:
Limiting members of Congress to two terms would increase the power of lobbyists, congressional staffers, and administrative officials.
The electoral college encourages a two-party system; a direct popular vote for the president would require runoff elections if no candidate won a majority.
The Constitutional Convention of 1787 was held in secret and involved only a few dozen people; today it would be heavily covered by the press and involve hundreds, perhaps thousands of people. No one knows what changes it might make.
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30. Your Decision: Favor legislation? Oppose legislation?
WHAT WOULD YOU DO?
Your Decision: Favor legislation? Oppose legislation?
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