1. The Constitution In this chapter we will cover…
The Origins of a New Nation
The Declaration of Independence
The First Attempt at Government: The Articles of Confederation
The Miracle at Philadelphia: Writing a Constitution
The U.S. Constitution
The Drive for Ratification
Formal Methods of Amending the Constitution
Informal Methods of Amending the Constitution

2. The Origins of a New Nation
Colonists came to the New World during the 1600s for a variety of reasons including
to escape religious persecution,
to find plentiful land,
and to seek a new start in life.
The colonists were allowed significant liberties in terms of self-government, religious practices, and economic organization.

3. Figure 2.1- British Land Claims, 1763
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4. The Roots of a New Nation
Tensions begin to build in 1760s.
British use mercantilism to justify control- colonization to be used to increase the wealth of the mother country.
French and Indian War increases dependence
Series of acts (taxes) passed to increase control on colonists.
Stamp Act Congress in 1765 is first expression of anger- drew up lists of perceived violations of rights
In 1772, Committees of Correspondence form.
Oppressive acts (mainly taxation) continue, particularly on tea.

5. First Continental Congress
Held in Philadelphia in September delegates
Colonists want to iron out differences with king.
Adopt Declaration of Rights and Resolves.
War begins in Lexington and Concord.

6. Second Continental Congress
Held in Philadelphia beginning in May 1775.
Adopt Olive Branch Petition; it is rejected by the king.
Thomas Paine issues Common Sense.
Delegates call for independence in June 1776.
Write and adopt Declaration of Independence.
Document draws heavily on the ideas of John Locke.

7. The Articles of Confederation
In a confederation, states are most powerful.
Articles are first attempt at independent government.
Create a loose “league of friendship”.
Congress has limited power, states are strong.
National Powers: coin money, make peace, appoint military officers, run post office, and negotiate with Native Americans
Each state got 1 vote; 9 votes out of 13 to pass any measure; Unanimous vote to amend
No executive or judicial branches, no power to tax.
Shays’s Rebellion viewed as a sign of Articles’ weakness- showed that a small insurgency of 1500 farmers could threaten a weak government!

8. Weaknesses of the Articles
No power to tax, hence raise a military, provide services
No power to regulate commerce
$ confusion (Each state had own currency- major inconvenience)
No power to place tariffs
No executive to implement and enforce laws
No foreign policy chief (President, secretary of State, etc)
No Judiciary (Can’t solve disputes between states or pressing national issues)
Could not solve trade disputes of any kind (intrastate, interstate, international)
9 out of 13 is difficult to achieve with such varied interests

9. The Constitutional Convention
Held in Philadelphia in May 1787 to revise the Articles.
Fifty-five delegates from across the colonies attend.
Refer to delegates as “Founding Fathers” or Framers.
Has been debate about Framers’ motives.

10. Who Were the Framers?

11. Virginia Plan Plan favored by the large states.
Three-branch government.
Two-house legislature.
One house chosen by people, one by legislatures.
Legislature can choose executive and judiciary.

12. New Jersey Plan Strengthen Articles
One house legislature with one vote for each state.
Representatives chosen by state legislatures.
Congress can raise revenues from duties on imports.
Supreme Court with life terms appointed by executive.

13. Great Compromise (Connecticut Compromise
Two-house legislature: House and Senate.
House chosen by people, Senate by state legislatures.
House based on population, two per state in Senate.
Revenue bills originate in the House.
National government is supreme.
Chief executive chooses Supreme Court.
Appeases both large and small states.

14. Other Compromises Three-Fifths Compromise regarding slavery.
Committee on Unfinished Portions handles executive.
President with four-year term, Electoral College.
President can be removed from office by Congress.

15. Basic Ideas of the Constitution
Separation of powers between three branches.
Checks and balances provide oversight.
Government takes the form of a federal system.

16. Table 2.1- Articles and the Constitution
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18. Figure 2.2- Separation of Powers
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19. Article I: Legislative Branch
Bicameral, Senate and House.
Sets out terms, selection, and apportionment.
Article 1, Section 8 lists enumerated powers- 17 specific powers granted to Congress (eg. Borrow money, regulate commerce, rules on bankruptcy, naturalization, coin money, post offices, declare war, military, etc.)
Final clause is necessary and proper clause- aka elastic clause- gives Congress authority to pass all laws “necessary and proper” to carry out enumerated powers.
This is the basis for Congress’ implied powers- Powers derived from enumerated and elastic, yet not specifically mentioned.

20. Article II: Executive Branch
President with a four-year term.
Qualifications for and removal from office.
Lists powers of the office.
Commander in chief, treaties, appointments.
Sets out State of the Union Address.

21. Article III: Judicial Branch
Establishes only a Supreme Court.
Sets boundaries of Supreme Court’s jurisdiction.
Gives Congress the power to establish lower courts.
Most important Judicial power, judicial review is not mentioned in Constitution, however decided in Marbury v. Madison. Case resulted over disputed last minute judicial appointments. Supreme Court issues decision stating that it is the law of the land and can overturn legislation not consistent with the Constitution

22. Articles IV-VII
Article IV includes full faith and credit clause- mandates states to honor the laws and judicial proceedings of other states.
Article IV includes provisions about new states.
Article V discusses amendment.
Article VI contains the supremacy clause- National law is supreme to or trumps all others passed by state and local governments
Article VII contains provisions for ratification.

23. Formal Amendment Two stages: proposal and ratification.
Can be proposed by Congress or state legislatures.
State legislatures have never proposed.
Can be ratified by state legislatures or conventions.
Convention only used for Twenty-First Amendment.

24. Informal Amendment Judicial interpretation.
Social and cultural change (The New Deal).

25. Figure 2.3- Amending the Constitution
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26. Ratifying the Constitution
States hold ratifying conventions; tensions run high.
Federalists support the document.
Anti-Federalists oppose the document.
The Federalist Papers play a key role.
New Hampshire was ninth to ratify.
Later states demand a Bill of Rights.

27. Table 2.2- Federalists and Anti-Federalists
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28. Federalist No. 10 

29. Factions How does Madison define a faction?
Number of citizens who are united by a common passion.
Passion is adverse to general well-being.
How does this relate to modern politics?
Political parties, interest groups.
How do you cure the mischiefs of faction?
Remove the causes.
Control the effects.

30. Removing the Causes of Faction
What are the two ways to remove the causes of faction?
Destroy liberty.
Give all citizens the same interests.
What does Madison think of these approaches?
Removing liberty is worse than having factions.
Impracticable to expect that all will have the same opinion.

31. Controlling the Effects of Faction
What is the role of majority rule?
When a minority is a faction, republican government will control.
When a majority is a faction, others rights can be trampled.
How can government limit factions?
Pure democracy offers no control.
Republican government can limit through delegation and size.
Delegation refines and enlarges public views.
More people and larger size makes it harder to build coalitions.

32. Critical Thinking
Madison takes a “just right” approach to representation.
Is the number of representatives still “just right” today?
Madison claims distribution of property breeds faction.
Is this still the chief cause of faction today? Why or why not?
Is the threat of faction still significant today?

33. Factions and Interest Groups
Are political parties or interest groups more factional?
What arguments might you make for each?
How do these vary across political circumstances?
Which interest groups are most likely to be factional?
How can government regulate this influence?