1. Chapter 2: The Constitution
American Democracy Now, 4/e

2. What Is a Constitution?
A constitution presents the fundamental principles of a government and establishes the basic structures and procedures by which the government operates to fulfill those principles.
Constitutions may be written or unwritten.
Mission description
Long-term goals of the government as envisaged by its founders
The Preamble to the US constitution
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3. What Is a Constitution? Foundational structures Essential processes
The US constitution describes three foundational government bodies--the legislative, executive, and judicial branches--and describes the responsibilities of each body as well as the relationships among these bodies
Essential processes
Including those used to select national government officials, to make laws, and to amend and ratify the constitution
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4. The Constitution Where Do You Stand?
How satisfied are you with the way democracy works in the United States?
a. Very satisfied
b. Somewhat satisfied
c. Neither satisfied nor unsatisfied
d. Somewhat dissatisfied
e. Very dissatisfied
Source: “Americans Assess Democracy in the U.S.,”
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5. The Creation of the United States of America
Colonists excluded from participation in political processes of British government.
Growing sense of grievance over course of 18th century, especially as parliamentary legislation placed more and more restrictions on colonists’ freedoms.
Colonists support for principles of government by the people (popular sovereignty) and for the people (government established to protect the people’s liberties).
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6. Colonization and Governance of America
In 1600s waves of Europeans colonized North America.
Diversity of people and mix of economic classes migrated to colonies, including indentured servants and slaves.
Two-tier system of governance.
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7. British Policies Incite Revolution in the Colonies
The French and Indian Wars (1756–1763)
The British Parliament turned to colonies for increased revenues:
Sugar Act (1764)
Stamp Act (1765)
Declaratory Act (1766)
Townshend Duties (1767)
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8. A “Massacre” and a Tea Party
“The Boston Massacre,” March 5, 1770
The Tea Act (1773)
The Boston Tea Party, December 16, 1773
Parliament responded with the Coercive Acts (Intolerable Acts), which closed port of Boston.
Martial law, suspension of state Assembly, ban on town meetings
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9. The First Continental Congress: A Declaration of Rights
First Continental Congress, September 1774
Congress adopted and sent to the king the Declaration of Rights & Grievances
Congress adopted Articles of Association
April 19, 1775, shots at Lexington & Concord
Second Continental Congress convened, May 10, 1775
Empowered Congress to function as an independent government and to prepare for war with Britain
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10. The Common Sense of Declaring Independence
Thomas Paine and Common Sense, January 1776
Declaration of Independence, July 4, 1776
Thomas Jefferson drew upon work of John Locke and Jean-Jacques Rousseau
Two central principles
All men are equal and have rights that are unalienable
Government must be based on consent of the governed.
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11. The State Constitutions
In May 1776, the Continental Congress encouraged the legislative assembly of each colony to write a state constitution establishing independence from Great Britain.
They were each a single written document that established the principles, structures, and operating procedures of the government established by consent of people.
They were adopted whole at a specific moment in time.
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12. The Articles of Confederation (1781-1789)
People and the delegates to Second Continental Congress distrusted strong, distant central government.
They nevertheless recognized need for a unified authority to engage in international trade, foreign affairs, and defense.
The Articles of Confederation established a confederation: a union of independent states in which each state retains its sovereignty, rights, and power.
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13. Structure and Authority of the Confederation
The Articles created only one governing body, a unicameral Congress.
Each state had only one vote.
Approving policies and ratifying treaties required nine affirmative votes.
There was no judicial branch, executive branch, or chief executive officer.
Congress could not raise revenue through taxation.
Amendments to the Articles of Confederation required approval of all thirteen states.
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14. Weaknesses of the Confederation
States retained ultimate authority over commerce.
States taxed goods from other countries and other states.
States issued their own money.
Policies caused economic hardship.
Shay’s rebellion in 1786 highlighted weaknesses of the national confederacy and the need for a stronger central government.
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15. Crafting the Constitution: Compromise, Ratification, and Quick Amendment
Convention called to address the defects in the Articles of Confederation was held in Philadelphia from May 25 through September 17, 1787.
All states except for Rhode Island sent delegates.
Most delegates were lawyers, businessmen, or plantation owners.
Delegates had to balance their preference for a strong central government with the citizens’ distrust of a strong central government.
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16. Areas of Consensus Dual Sovereignty National Supremacy
Sovereignty shared between a central government and regional governments.
National Supremacy
A clause in Article IV of the Constitution that states that the Constitution and the treaties and laws created by the national government in compliance with the constitution are the supreme law of the land,
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17. Areas of Consensus
Separation of Powers with Integrated Checks and Balances
The framers separated the primary governing functions among the three branches of government so that no one group of governing officials controlled all the governing functions (separation of powers).
The framers also established various mechanisms by which each branch can monitor and limit the functions of the other branches to ensure that no branch acts to the detriment of citizens’ natural rights (checks and balances).
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19. Conflict and Compromise over Representative Democracy
The Connecticut Compromise
A compromise between the Virginia Plan (favored by large states) and New Jersey Plan (favored by small states).
The Connecticut Compromise (Great Compromise) created today’s bicameral Congress, with state representatives in the House of Representatives based on state population and equal state representation in the Senate (two senators per state).
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20. Conflict and Compromise over Representative Democracy
The Constitution’s Checks on Representative Democracy
Election of senators by the state legislatures until the ratification of 17th Amendment in 1913.
Election of president and vice-president through the Electoral College.
The framers left to the states the authority to determine the right to vote.
Hence, women and many men, including Native Americans and slaves, were denied the right to vote.
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21. Conflict and Compromise over Slavery
Article 1, section 9, of the Constitution prohibited Congress from addressing importation of new slaves into the United States until 1808.
Article IV established the states’ obligation to deliver all fugitive slaves back to their owners.
The Three-Fifths Compromise counted each slave as three-fifths of a man for the purpose of representation and taxes.
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22. Congress Sends the Constitution to the States for Ratification
Article I: The Legislative Branch
Article II: The Executive Branch
Article III: The Judicial Branch
Article IV: State-to-State Relations
Article V: The Amendment Process
Article VI: Supremacy of the Constitution
Article VII: The Constitutional Ratification Process
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24. The Constitution Where Do You Stand?
Which branch of government do you trust the most?
a. The executive branch
b. The legislative branch
c. The judicial branch
Source: “Low Trust in Government Rivals Watergate Era,” Era-Levels.aspx .
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25. The Federalist–Anti-Federalist Debate
The Federalists supported the Constitution as presented by the convention delegates.
The Anti-Federalists opposed the Constitution on the grounds that it gave the national government too much power, power that would erode states’ authority and endanger individual freedoms.
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26. The Federalist–Anti-Federalist Debate
The Federalist Papers: In Support of a Strong National Government
Authors, James Madison, Alexander Hamilton, and John Jay, knew that achieving ratification depended on convincing the public and state legislators that the Constitution would empower the new nation to succeed.
Federalist No. 9, Federalist No. 51, Federalist No. 10.
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27. The Federalist–Anti-Federalist Debate
The Anti-Federalist Response: In Opposition to a Strong National Government
Anti-federalists were concerned that the Constitution ceded too much power to the national government, at the expense of both the states and the people.
They argued that a bill of rights was essential to preserving individual liberties.
Thomas Jefferson and Mercy Otis Warren were prominent Anti-Federalists.
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28. The Bill of Rights (1791): Establishing Civil Liberties
The first eight amendments in the Bill of Rights establish the government’s legal obligation to protect several specific liberties (known as civil liberties).
The Ninth Amendment indicates that this list of liberties is not exhaustive.
The Tenth Amendment preserves the states’ rights.
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29. The Constitution as a Living, Evolving Document
Justices sitting on the U.S. Supreme Court have reinterpreted constitutional clauses many times.
The Constitution has only been formally amended twenty-seven times.
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30. Formal Amendment of the Constitution
There have been over 10,000 proposals for new constitutional amendments submitted to Congress since 1789.
Only 33 proposals have achieved two-thirds necessary in Congress; 27 proposals have been ratified by the states.
There are three categories of amendments. They have:
Extended civil liberties and civil rights
Altered the selection or operation of the branches of government
Dealt with important policy issues
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32. Interpretation by the U.S. Supreme Court
Constitution has changed through reinterpretation by the courts.
Marbury v Madison (1803) established the principle of judicial review.
The power of judicial review has allowed the courts to continue to breathe life into the Constitution.
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33. The Constitution Where Do You Stand?
Do you think the signers of the Declaration of Independence would generally agree or disagree with the way the Constitution of the United States is interpreted today?
a. Agree
b. Disagree
Source: “Americans Are Widely Patriotic, but Many Think Founding Fathers Would Frown on Modern America,”
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