1. The Origins of the Constitution
Chapter 2 – The Constitution pp

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

3. 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

4. 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?

5. 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

6. 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

7. 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

8. The Government That Failed
Chapter 2- The Constitution pp

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

10. 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.

11. 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.

13. 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.

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

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

16. The Philadelphia Convention

17. 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.

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

19. 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

20. 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?

21. 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

22. 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

23. 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

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

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

27. 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

29. The Madisonian Model

30. 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

31. The Madisonian Model

32. The Madisonian Model

33. 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.

34. 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.

35. Ratifying the Constitution

36. 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

37. Ratifying the Constitution

38. 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.

39. Constitutional Change

40. 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.

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

42. 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.

43. 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.