1. Chapter Two
The Constitution

2. Learning Outcomes
Explain the theoretical and historical factors that influenced the writers of the U.S. Constitution.
Describe the structure of the Articles of Confederation and explain why the confederation failed.
Identify and explain the compromises made by the delegates to come to agreement on the U.S. Constitution.

3. Learning Outcomes
Explain the rationale for and give examples of the separation of powers and the checks and balances in the United States Constitution.
Demonstrate understanding of the formal and informal processes for amending the constitution.

4. Introduction U.S. Constitution continues to: Influences
Define structure of national/state governments
Regulate relationship between government and citizens
Influences
Historical period
Colonists’ experiences with government
Political philosophy of time (Hobbes and Locke)

5. Milestones in Early U.S. Political History
Table 2-1

6. The Colonial Background
Jamestown established (1607)
King’s charter grants “full power and authority”
Colonists establish representative assembly
“Starving time for Virginia”
Separatists, the Mayflower, and the Compact
First New England colony established 1620
Dissatisfied with Church of England
Mayflower Compact: signers agree to submit to government authority

7. Signing of the Mayflower Compact
The signing of the compact aboard the Mayflower. (© 2010 The Granger Collection. All rights reserved.)

8. The Colonial Background
More colonies, more governments
More settlements established
Adopt concept of limited government
Some degree of self-governance
Pennsylvania Frame of Government

9. The Colonial Background
British restrictions and colonial grievances
Series of taxes to pay for French and Indian War
Sugar Act of 1764
Stamp Act of 1765
Coercive Acts of 1774
King George III ( ) was king of Great Britain and Ireland from 1760 until his death on January 29, Under George III, the British Parliament attempted to tax the American colonies. Ultimately, exasperated at repeated attempts at taxation, the colonies proclaimed their independence on July 4, (National Portrait Gallery, London, UK/The Bridgeman Art Library International.)
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10. The Colonial Response The First Continental Congress (1774)
To express grievances to the King
Formed committees
The Second Continental Congress (1775)
To establish army
George Washington named commander-in-chief
Attempt at settlement
Military encounters increase

11. Declaring Independence
The Resolution of Independence (July 2)
The Declaration of Independence (July 4, 1776)
Thomas Jefferson primary author
Enumerates colonies’ grievances with Britain
Universal truths
Natural rights and a social contract
Legitimizes American Revolution

12. Declaring Independence
Rise of Republicanism
Republicans opposed to rule by the British and any strong central authority in new government
Each state seen as sovereign authority and only legitimate ruling force

13. The Articles of Confederation: The First Form of Government
Confederation was voluntary association of independent states
Thirteen states established government consisting of Congress of the Confederation
Weak central government
Each state had single vote
One member chosen as presiding officer

14. The Confederal Government Structure under the Articles of Confederation
Figure 2-1

15. Powers of the Congress of the Confederation
Table 2-2

16. The Articles of Confederation: The First Form of Government
Accomplishments under Articles
Settled land disputes among the states
Passed the Northwest Ordinance of 1787 establishing government for new territories
Could declare war and conduct foreign policy

17. The Articles of Confederation: The First Form of Government
Weaknesses of the Articles
Could not demand revenue from states
Could not raise an army
Amendments to Articles required unanimous consent of Congress
Did not establish a national court system

18. The Articles of Confederation: The First Form of Government
Shays’s Rebellion and need for revision of the Articles
Central government has no authority to settle disputes
Economic depression widespread
Rebellion demonstrates citizen anger

19. Drafting the Constitution
Who were the delegates?
Fifty-five delegates from 13 states attend
Delegates mostly upper class, educated, young
Factions among delegates
Some nationalists support monarchy
Majority are nationalists who want strong central government

20. Drafting the Constitution
Politicking and compromises
Virginia Plan
Bicameral (two-chamber) legislature
National executive, elected by legislature
National judiciary

21. Drafting the Constitution
Politicking and compromises (continued)
New Jersey Plan:
One state, one vote
Congress to regulate trade and impose taxes
Congressional acts to be supreme law of the land
Congress to elect an executive office
Executive office to appoint a Supreme Court

22. Drafting the Constitution
Politicking and compromises (continued)
The “Great Compromise”
Established bicameral legislature, House of Representatives apportion based on population
Established Senate with two members per state
Supreme Court established
Three-Fifths Compromise
Shows power of southern states
Apportionment partially based on “property”

23. Drafting the Constitution
Madisonian Model
Separation of the executive, legislative, and judicial power of government
Establishes system of checks and balances
James Madison ( ) earned the title “master builder of the Constitution” because of his persuasive logic during the Constitutional Convention. His contributions to the Federalist Papers showed him to be a brilliant political thinker and writer. (Musee Franco-Americaine, Blerancourt, Chauny, France/Giraudon/The Bridgeman Art Library)
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24. Checks and Balances
Figure 2-2

25. Drafting the Constitution
The executive
Single chief executive
Electoral college created
Makes president independent of Congress
Removes from direct popular control
Four-year term

26. Drafting the Constitution
The final document
Popular sovereignty
Republican government
Limited government with written laws
Separation of powers
Federal system

27. The Difficult Road to Ratification
Federalists
Favored a strong central government
Constitution
Time, money and power for change
Federalist Papers
Anti-Federalists
Wanted weak central government
Retain the Articles of Confederation
Status quo
Want guarantee of personal liberties or bill of rights
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28. Ratification of the Constitution
Table 2-3
*Ratification was originally defeated on August 4, 1788, by a vote of 84–184.

29. The Difficult Road to Ratification
Did the majority of Americans support the Constitution?
Beard’s Thesis
State ratifying conventions
Support was probably widespread

30. The Difficult Road to Ratification
Bill of Rights
No explicit limits on state government powers, did not apply to state governments
Included to protect individual liberties against national government
A “bill of limits”
No explicit limits on state government powers

31. Altering the Constitution: The Formal Amendment Process
Proposing an Amendment (formal)
1. Two-thirds vote in each chamber of Congress OR
2. National convention called by Congress at request of two-thirds of state legislatures

32. Altering the Constitution: The Formal Amendment Process
Ratifying an Amendment:
1. By a positive vote in three-fourths of legislatures of various states OR
2. By special conventions called in states and a positive vote in three-fourths of them

33. The Formal Constitutional Amending Procedure
Figure 2-3
There are two ways of proposing amendments to the U.S. Constitution and two ways of ratifying proposed amendments. Among the four possibilities, the usual route has been proposal by Congress and ratification by state legislatures. (© Cengage Learning)

34. Amendments to the Constitution
Table 2-4

35. Informal Methods of Constitutional Change
Congressional legislation
Presidential actions
Judicial review
Marbury v. Madison
Interpretation, custom, and usage