1. The Constitution

2. A Constitution Definition Sets the broad rules of the game
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.
Sets the broad rules of the game

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

4. Origins of the U.S. Constitution
Declaring Independence
“We hold these truths to be self-evident, that all men are created equal”

5. Origins of the Constitution
The Power of Ideas
Thomas Hobbes
Leviathan
In state of nature life would be
“solitary, poor, nasty, brutish & short”
Need for people to give power to an authority in exchange for peace & protection

6. Origins of the Constitution

7. Origins of the Constitution
The Power of Ideas
John Locke
Two Treatises of Government
Natural rights include
“life, liberty & the pursuit of property”
Duty of government to respect these rights

8. Origins of the Constitution

9. Origins of the Constitution
The Power of Ideas
Montesquieu
The Spirit of the Laws – 1748
“government should be set up so that no man need be afraid of another”
Advocated for separation of powers

10. Origins of the Constitution

11. Origins of the Constitution
The Power of Ideas
Rousseau
The Social Contract – 1762
“man was born free, and he is everywhere in chains”
To be valid, government requires consent of the people

12. Origins of the Constitution

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

14. 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.
All government power rested in the states.

15. The Government that Failed
Weaknesses of the Articles of Confederation
Congress not able to tax
Congress not able to regulate commerce between states or with other nations
States could print their own money

16. The Government that Failed
Weaknesses of the Articles of Confederation
No executive to implement acts of Congress
No national courts

17. The Government that Failed
Weaknesses of the Articles of Confederation
Each state had one vote in Congress
9 out of 13 vote required to pass laws
Unanimous vote needed to amend

18. 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

19. The Government That Failed
Name that rebel leader . . .

20. 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

21. The Philadelphia Convention
The Framers believed . . .
Human Nature is self-interested
Franklin the passions of “men of affairs” are
“love of power and money”
Hamilton “Men love power”

22. The Philadelphia Convention
The Framers believed . . .
Political Conflict leads to factions
The main source of factions is “unequal distribution of property”
That tyranny could result whenever a faction gained power

23. The Agenda in Philadelphia
Equality Issues
Equality and Representation of the States
Virginia Plan -
representation should be based on population
New Jersey Plan –
each state should have equal representation
Connecticut Compromise
each state gets 2 Senators
and the House is based on population

24. The Agenda in Philadelphia
Equality Issues
Slavery
Legal in 12 of 13 states
What to do?
Compromise Cannot ban for 20 years
How should slaves be counted?
Some states wanted them counted for representation, but not for taxes
Other states wanted them counted for taxes, but not for representation

25. The Agenda in Philadelphia
Equality Issues
Result? Slaves count as 3/5ths of a person

26. The Agenda in Philadelphia
Equality Issues
Political Equality and voting left to states

27. The Agenda in Philadelphia
Some 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

28. The Agenda in Philadelphia
What about 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

29. The Agenda in Philadelphia
What about Individual Rights Issues?
Result . . .
10 Amendments were added to the Constitution by 1791
Known as . . .
The Bill of Rights

30. The Agenda in Philadelphia
Who is this person and why is he important?

31. 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

32. The Madisonian Model

33. The Madisonian Model

34. The Madisonian Model The Constitutional Republic A Republic is . . .
a form of government in which the people select representatives to govern them and make laws
Favors the status quo – change is slow
Encourages moderation & compromise
Makes it difficult for one group to tyrannize

35. Ratifying the Constitution
Federalists
Supported the Constitution
Highly influenced by elite class
Favored indirect involvement of “the people”
Anti-Federalists
Feared elite control
Believed the Constitution eroded individual freedoms
Favored state power & direct involvement of “the people”

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

37. Ratifying the Constitution
And this is John Jay
Who said . . .
“The people who own the country ought to govern it”
Served as 1st Chief Justice of the Supreme Court

38. Ratifying the Constitution

39. Constitutional Change
Formal Process of Constitutional Change
Amendment proposed by 2/3 Vote of Congress – both Senate & House
Ratified by 3/4 of State legislatures
Done for all but one Amendment
Exception =
Repealing Prohibition (21st Amendment)

40. Constitutional Change

41. Constitutional Change
Informal Process of Constitutional Change
Judicial Interpretation
Marbury v. Madison (1803)
Established judicial review
The Constitution means what the Supreme Court
says it means

42. Constitutional Change
This is John Marshall
Who served as Chief Justice of the Supreme Court from
And who wrote the Marbury v. Madison opinion
Who some believe was the “devil incarnate”

43. Constitutional Change
Informal Process of Constitutional Change
Changing Political Practice
Emergence of political parties
Electoral college becomes merely clerical

44. Constitutional Change
Informal Process of Constitutional Change
Technology
Mass media
Computers & bureaucracy
Communications & Presidential role
Atomic weapons & Presidential role

45. Constitutional Change
Informal Process of Change
Increasing Demands on Policymakers
Increased importance of U.S. in the world
Increased importance of the President

46. Additional Thoughts Plato – The Republic IV
“For every city (state), however small, is in fact divided into two,
one the city of the poor, the other of the rich;
these are at war with one another.”
Lived between 428 & 348 B.C.

47. Additional Thoughts Aristotle – Politics, Book IV
“Thus, it is manifest that the best political community is formed by citizens of the middle class,
and that those states are likely to be well-administered in which the middle class is larger, and stronger, if possible, than both other classes.”
Lived between 384 & 322 B.C.

48. Additional Thoughts Harry S Truman
“The only thing new in the world is the history that you don’t know.”
33rd President: