2 The Constitution In 1787, a group of exceptional men, called the Framers, met in Philadelphia to propose a framework for a new government. This framework.

2 The Constitution In 1787, a group of exceptional men, called the Framers, met in Philadelphia to propose a framework for a new government. This framework would address the weaknesses in the Articles of Confederation. It required a series of compromises, but in the end, the Framers designed a framework for a government of separated powers and checks and balances. Realizing that changes would be necessary as the nation grew, they included a process to amend the Constitution. They purposely made this process difficult in order to prevent political factions from making changes that were not carefully thought out. This chapter is about the constitutional design of the American government, why the Framers fashioned the sort of constitution they did, and how the meaning of the Constitution has evolved to address the problems of a changing nation.

2 Video: The Big Picture As we’ll learn, the Constitution is deliberately vague. Let’s look at why what the Constitution does not say is just as important as what it does say. In this video, author Alixandra B. Yanus considers how the government refers to the Constitution for answers to current questions that it does not explicitly address, thereby leaving plenty of room for interpretation. TO THE INSTRUCTOR: To access the videos in this chapter, please enter your Pearson or MyPoliScilab username and password after clicking on the link on the slide.

2 Learning Objectives Let’s take a quick look at these learning objectives. As you can see, this chapter is about the constitutional design of the American government, why the Framers fashioned the sort of constitution they did, and how the meaning of the Constitution has evolved to address the problems of a changing nation. Trace the historical developments that led to the colonists’ break with Great Britain and the emergence of the new American nation 2.1 Identify the key components of the Articles of Confederation and the reasons why it failed 2.2

2 Learning Objectives We’ll learn how our Constitution was developed and the compromises needed. Outline the issues and compromises that were central to the writing of the Constitution 2.3 Analyze the underlying principles of the Constitution 2.4

2 Learning Objectives We will learn why some opposed the Constitution and what they asked for in order to agree to its ratification. We will also learn about the amendment process. Explain the conflicts that characterized the drive for ratification of the Constitution 2.5 Distinguish between the methods for proposing and ratifying amendments to the Constitution 2.6

2 Video: The Basics Before we learn about the writing of our constitution, what do you think the purpose of a constitution is? Let’s watch a video to discover the reasons why the Framers wrote the Constitution and how the Constitution sets up checks and balances, the protection of liberties, and the framework we need for a functioning democracy.

Roots of the New American Nation
2.1 Roots of the New American Nation Settlers came to the New World for a variety of reasons, but most of these early inhabitants remained loyal to Great Britain and considered themselves subjects of the king. Over the years, as new generations of Americans were born on colonial soil, those ties weakened. A series of taxes levied by the British crown ultimately led colonists to convene the Second Continental Congress and to declare their independence. Trade and Taxation First Steps Toward Independence First Continental Congress Second Continental Congress Declaration of Independence

Trade and Taxation 2.1 Mercantilism Costly French and Indian War
In the early years of the colonies, Great Britain followed the economic theory of mercantilism, in which it sought to increase its wealth by exporting more goods than it imported. It set strict import/export controls on the colonies. Due to the distances involved, it was difficult for Britain to enforce all of these policies and they were widely ignored by the colonists. To pay for the French and Indian War, the crown imposed additional taxes on the colonists. The Sugar Act taxed sugar and wine; the Stamp Act required a stamp on all paper items. Angered that the taxes were imposed without the approval of colonial governments, colonists engaged in boycotts and violent protests under the rallying cry “no taxation without representation.” Mercantilism Strict import/export controls Widely ignored Costly French and Indian War New taxes on sugar (Sugar Act) and paper items (Stamp Act) “No taxation without representation”

2.1 Why was Samuel Adams important?
Samuel Adams was an early leader against the British and loyalist oppressors. As we will learn next, he played a key role in the events that led to the Revolutionary War.

First Steps Toward Independence
2.1 First Steps Toward Independence In 1765, Samuel Adams and nine of the thirteen colonies met in New York City to draft a petition to Parliament. In this petition, they listed crown violations of the colonists’ fundamental rights. This Stamp Act Congress did not stop the taxes, but Parliament did repeal some taxes in response to colonial boycotts, mainly because merchants complained about the loss of revenue. Parliament also repealed some taxes in response to colonists’ anger over the so-called Boston Massacre. Stamp Act Congress formed to address grievances Boston Massacre

2.1 What really happened at the Boston Massacre?
What really happened at the Boston Massacre? On a cold snowy night in 1770, colonists taunted British troops who were guarding the Boston Customs House. The troops fired on the colonists, killing five. Paul Revere made a famous engraving of this event. It was not a massacre, but calling it that stoked anti-British sentiment in the years leading up to the Revolutionary War. This propaganda played fast and loose with the facts. It did not happen as Revere depicted it. Do you think the British opened fire as shown? Did the colonists bear some responsibility?

First Steps Toward Independence
2.1 First Steps Toward Independence Tensions continued to remain high long after the Boston Massacre. In 1772, at the suggestion of Samuel Adams, colonists created Committees of Correspondence to share with each other news of British actions. These committees also served as powerful molders of public opinion against the British. In 1773, Parliament passed the Tea Act, granting a monopoly to the East India Company to sell tea imported from Britain. Only the American merchants loyal to the crown were allowed to sell the tea, thereby undercutting dissident colonial merchants. When the next shipment of tea arrived, the colonists responded by throwing it into Boston Harbor. The enraged king retaliated with the Coercive Acts in 1774, calling for a total blockade of Boston Harbor and gave royal governors the authority to quarter British soldiers in the homes of local citizens, allowing Britain to send an additional 4,000 soldiers to patrol Boston. Needless to say, the colonists were not pleased. Committees of Correspondence build public opinion against Britain Boston Tea Party Coercive Acts (Intolerable Acts) Quartering of British troops

First and Second Continental Congresses
2.1 First and Second Continental Congresses Protests over taxes led colonists to focus on the extent of British authority over the colonies. The united colonial assemblies sent delegates to the First Continental Congress. Delegates agreed on a series of resolutions to oppose the Coercive Acts and to establish a formal organization to boycott British goods, and further agreed that if the king did not capitulate to its demands, it would meet again in Philadelphia in May 1775. The king refused to yield and a Second Continental Congress was called. Before it met, fighting broke out between British troops and colonists in Massachusetts. In retrospect, this is seen as the formal beginning of the Revolutionary War. Nevertheless, when the Congress convened, again in Philadelphia, it tried first for reconciliation. But the king responded to the Olive Branch Petition by sending 20,000 more British troops and condemning to death the Congress attendees as traitors. At this point, independence was increasingly viewed as the only option but many colonists still needed convincing to take this radical step. To galvanize support, in January 1776, Thomas Paine issued Common Sense, a pamphlet denouncing the corrupt British monarchy and offering reasons to break with Great Britain. Virginia introduced a resolution calling for independence and the Second Continental Congress was suspended to allow its delegates to return home for final instructions. First Continental Congress (Sept. 1774) Battle of Lexington and Concord Second Continental Congress (May1775) Olive Branch Petition (July 5, 1775) Thomas Paine’s Common Sense

Declaration of Independence
2.1 Declaration of Independence The Congress set up a committee to work on a Declaration of Independence, chaired by Thomas Jefferson. On July 2, 1776, the Congress voted in favor of independence and, two days later, voted to adopt the Declaration of Independence. The Declaration set out the reasons for separation of the colonies from Great Britain. Much of its stirring rhetoric drew heavily on the work of political philosopher John Locke. Locke was a proponent of social contract theory, which holds that governments exist based on the consent of the governed. According to Locke, people agree to set up a government largely for the protection of property rights, to preserve life and liberty, and to establish justice. Government exists for the good of its subjects and not for the benefit of those who govern. If a government violates the rights of its citizens, the citizens have the right to alter or abolish the government. Committee of Five Thomas Jefferson – principal author John Locke Social contract theory Life, liberty, and property

First Attempt at Government: The Articles of Confederation
2.2 First Attempt at Government: The Articles of Confederation The Articles created a type of government called a confederation in which the national government derives all its powers directly from the states. This reluctance to give power to a national government proved unworkable shortly after the Revolutionary War ended. Problems Under the Articles of Confederation Shays’s Rebellion

Problems Under the Articles of Confederation
2.2 Problems Under the Articles of Confederation The Articles of Confederation created a loose confederation of independent states with little power in the central government. Under the Articles, most important decisions were made in state legislatures. Congress rarely could assemble the required quorum of nine states to conduct business. Even when it did meet, states found it difficult to agree on any policies. Congress had no power to tax, so it could not raise revenue to pay off war debts and run the government. Although the national government could coin money, so could the states, making trade chaotic. Another weakness was that the Articles did not allow Congress to regulate commerce among the states or with foreign nations. As a result, individual states attempted to enter into agreements with other countries. Fearful of a chief executive who would rule tyrannically, the drafters of the Articles made no provision for an executive that would be responsible for executing laws nor for a judicial system to handle conflicts among the individual states. The Articles’ greatest weakness was its failure to provide for a strong central government that could force states to abide by its provisions. No power to tax No power to regulate commerce No executive to implement laws No judicial system No coercive power over states

Shays’s Rebellion 2.2 Farmers protest farm foreclosures
Unrest broke out in Massachusetts after the state legislature passed laws that favored the interests of the wealthy. With Daniel Shays in the lead, a group of farmers who had served in the Continental Army marched to Springfield, Massachusetts, to stop the state court from foreclosing on the veterans’ farms if taxes hadn't been paid. Armed mobs of protesters stormed the state courts to forcibly prevent foreclosures. The national government had no resources to help, so private money was raised to form a militia and quell the rebellion. The nation was shocked and worried. Farmers protest farm foreclosures Shays and followers shut down court No state militia to quell the uprising

2.2 What was the result of Shays’s Rebellion?
The strength of the protesters in Shays's Rebellion terrified political and business leaders. An armed mob had stopped business from going forward and there was no way to disperse them. It was obvious that a stronger national government was needed.

Miracle at Philadelphia: Writing the U.S. Constitution
2.3 Miracle at Philadelphia: Writing the U.S. Constitution When weaknesses under the Articles of Confederation became apparent, the states called for a meeting to reform them. The Constitutional Convention threw out the Articles of Confederation and fashioned a new, more workable form of government. The U.S. Constitution resulted from a series of compromises, including those over representation, issues involving large and small states, slavery, and how to determine population. The delegates also made compromises on how members of each branch of government were to be selected. They created the Electoral College to give states a key role in the selection of the president. Characteristics and Motives of the Framers Virginia and New Jersey Plans Constitutional Compromises Unfinished Business: Executive Branch

Characteristics and Motives of the Framers
2.3 Characteristics and Motives of the Framers The fifty-five delegates who attended the Constitutional Convention represented the elite of the states. All were property-owning white men, relatively educated for the period, with professions such as lawyer and doctor represented, and young except for 81-year-old Ben Franklin. Half were slave owners. Scholars have debated how democratic their motives were. Some scholars have argued that the merchant class wanted a strong national government to protect their economic interests. Other scholars insist that while the Constitution’s supporters might not have been the united group of creditors, they were wealthier, came from higher social strata, and had greater concern for maintaining the prevailing social order than the general public. All wealthy white males Mostly young Some slave owners Relatively educated Social motives Maintain social order which benefited them Economic motives Maintain property rights which benefited them

Virginia and New Jersey Plans
2.3 Virginia and New Jersey Plans Several plans for the new government were presented. The Virginia Plan, written by James Madison, called for a national system wherein the national government derives its powers from the people and not from the member states. Its key features included: • the creation of a powerful central government with three branches—legislative, executive, and judicial • a two-house legislature. One house would be elected directly by the people. The other would be chosen from among persons nominated by the state. • a legislature with the power to select the executive and the judiciary. The smaller states such as New Jersey and Connecticut felt uncomfortable with a strong central government based on population. These states offered another model of government, the New Jersey Plan. Its key features included: • strengthening the Articles, not replacing them • creating a one-house legislature with one vote for each state, with representatives chosen by state legislatures • and giving Congress the power to raise revenue from duties on imports and from postal service fees. They also proposed creating a Supreme Court with members appointed for life by the executive officers. Virginia Plan Large states Powerful central government Representation based on population New Jersey Plan Small states Weak central government Representation by state

Constitutional Compromises
2.3 Constitutional Compromises As you might expect, both plans had merits and neither was chosen as presented. The creation of the constitution required compromises. The first concerned the form of the government. A committee to work out an agreement soon reported back what became known as the Great Compromise. Taking ideas from both the Virginia and New Jersey plans, it recommended a bicameral legislature, or two houses. One house would be based upon population and elected directly by the people. But in the second house each state would have an equal vote, and state legislatures would select the representatives. In dividing power between the national and state governments, national power would be supreme. Great Compromise Bicameral legislature Number of representatives based on population Representatives directly elected States given equal votes in Senate Senators elected by state legislatures National power supreme

Constitutional Compromises
2.3 Constitutional Compromises After reaching agreement on the large state-small state issues, the Framers had to tackle the issue of slavery. To protect the southern states’ cotton economy, Northerners agreed to support continuation of the slave trade for twenty more years. Another major conflict occurred over how to determine state population with regard to representation in the House of Representatives. Southern states wanted slaves included in the determination of population numbers for representation but not in calculation of taxes. After considerable dissension, the delegates decided that population for both purposes would be calculated by adding the “whole Number of Free Persons” to “three-Fifths of all other Persons.” Issue of Slavery No limits for 20 years Three-Fifths Compromise Representation determined by counting slaves as three-fifths of a person Gave southern states more representatives

Unfinished Business: Executive Branch
2.3 Unfinished Business: Executive Branch The delegates considered an executive council but eventually agreed on the idea of a one-person executive. They also settled on a four-year term and allowed the president to serve more than one term. Delegates feared putting too much power, including selection of a president, into the hands of the lower classes. At the same time, representatives from the smaller states feared that selection of the chief executive by the legislature would put additional power into the hands of the large states. Their solution was the Electoral College, a mechanism by which electors from each state would choose the president. Each state would choose electors equal to the number of representatives it had in the House and Senate. The Framers also provided for the removal of the president by the legislature for “Treason, Bribery, or other high Crimes and Misdemeanors.” One-person executive 4-year term Electoral College Impeachment

2.3 Video: In Context Our Constitution has stood for more than 200 years. You’ve learned how it was created. Why is it unusual that the United States Constitution has governed so long in its present form? Fordham University political scientist Costas Panagopolos explains why the Constitution is such a rarity and how it has succeeded in an evolving American society. TO THE INSTRUCTOR: To access this video, please enter your Pearson or MyPoliSciLab username and password after clicking on the link above.

U.S. Constitution 2.4 Basic Principles of the Constitution
The proposed U.S. Constitution created a federal system that drew heavily on ideas about separation of powers. These ideas, delineated in the articles of the Constitution, concerned a way of parceling out power among the three branches of government. A system of checks and balances also prevented any one branch from having too much power. Basic Principles of the Constitution Articles of the Constitution

Basic Principles of the Constitution
2.4 Basic Principles of the Constitution The main question concerned how much power states would give up to the national government. Given the nation’s experiences under the Articles of Confederation, the Framers believed that a strong national government was necessary for the new nation’s survival. However, they were reluctant to create a powerful government after their experience with Great Britain. The compromise was to divide the power of government between a strong national government and the individual states, with national power being supreme. Federalism Power divided between national and state governments National government considered supreme Power derived from the people

Basic Principles of the Constitution
2.4 Basic Principles of the Constitution The Framers feared putting too much power into the hands of any one individual or branch of government. Separation of powers is simply a way of parceling out power among the three branches of government. They created a system in which law-making, law-enforcing, and law-interpreting functions were assigned to independent branches of government. The power of each branch is checked, or limited, and balanced because the legislative, executive, and judicial branches share some authority, and no branch has exclusive domain over any single activity. Separation of Powers Executive branch Legislative branch Judicial branch Checks and Balances Each branch has powers to check the other two branches

2.4 What are the separation of powers and checks and balances under the U.S. Constitution? Let’s look at this diagram, which shows how the Framers crafted a political system of checks and balances and separation of powers. As you can see, each of the three branches—executive, legislative, and judicial—has distinct powers, and each branch has powers that intersect with the powers of each of the other branches. This system prevents any one branch from becoming too powerful.

Video: In the Real World
2.4 Video: In the Real World How well does the system of checks and balances in the United States work, and is it actually fair? Real people voice their opinions on whether or not they believe it is constitutional for Congress to check the power of the president—and vice versa.

2.4 How do the Articles of Confederation and the U.S. Constitution compare to one another? This table compares the powers of each section of government and the methods of selection of government officials between the two documents. What powers did the states give up? What are some differences in the legislative branch?

Articles of the Constitution
2.4 Articles of the Constitution You have all heard the words “We, the people.” They are the opening words of the Preamble of the Constitution. The Preamble states the goals and formal creation of the new government. In seven articles, it: • outlines the structure of the government • enumerates the powers of the three branches • defines the relationships between the states • and explains how to amend the Constitution. Article I: Legislative branch Article II: Executive branch Article III: Judiciary branch Articles IV through VII

2.4 Articles of the Constitution Article I vests all legislative powers in a bicameral Congress, consisting of the Senate and the House of Representatives. One of the most important sections of Article I is section 8. It carefully lists those powers the Framers wished the new Congress to possess. These enumerated powers contain many key provisions that had been denied to the Continental Congress under the Articles of Confederation. After enumeration of seventeen powers, a final, general clause authorizes Congress to “make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers.” The necessary and proper clause, often referred to as the elastic clause, has been a source of tremendous congressional activity never anticipated by the Framers. It is the basis for the implied powers that Congress uses to execute its other powers. Article I: Legislative branch Enumerated powers Necessary and proper clause Also called the Elastic clause Implied powers

2.4 Articles of the Constitution The powers and duties of the president are set out in Article II. Among the most important of these are the president’s role as commander in chief of the armed forces. The president is given authority to make treaties with the consent of the Senate, to make federal appointments, and to “take Care that the Laws be faithfully executed.” Article II: Executive branch commander in chief authority to make treaties and federal appointments execute the laws faithfully

2.4 Why does the president deliver a State of the Union Address?
In Article II of the Constitution, the Framers required the president to report directly to Congress “from time to time” about the affairs of the state. Today, the speech has become a media event; the president’s address is carried live on television, radio, and the Internet.

2.4 Articles of the Constitution Article III establishes a Supreme Court and defines its jurisdiction. The remainder of the articles attempted to anticipate problems that might occur. Article IV begins with what is called the full faith and credit clause, which mandates that states honor the laws and judicial proceedings of other states. Article V outlines the process of amending the Constitution. Article VI contains the supremacy clause, which asserts the basic primacy of the Constitution and national law over state laws and constitutions. Article III: Judiciary branch Articles IV through VII Full faith and credit Supremacy clause Amendment process

Video: Thinking Like a Political Scientist
2.4 Video: Thinking Like a Political Scientist How do the institutions created by the U.S. Constitution operate and how has their role changed over time? Fordham University political scientist Costas Panagopolos examines this and other emerging issues in the research and in the study of the Constitution.

Drive for Ratification of the Constitution
2.5 Drive for Ratification of the Constitution Ratification by nine of the thirteen states was required to activate the Constitution but when nine states had ratified, New York and Virginia still had not done so. Since they contained 40% of the population, their assent was critical to the success of the new government. In New York, where ratification was most in doubt, three Federalists, Alexander Hamilton, James Madison, and John Jay penned a series of essays in favor of ratification known collectively as The Federalist Papers. The Anti-Federalists responded with a critique of the Constitution that highlighted their fears of a strong, distant central government. The first ten amendments to the Constitution are known collectively as the Bill of Rights. They were ratified in 1791 at the behest of the Anti-Federalists who sought protection for individual liberties in the Constitution as a condition of ratification. Activity: The struggle to ratify the Constitution was intense. The eventual ratification of the Constitution may be partly attributed to the case made by the Federalists. But the Anti-Federalists made many important contributions, including making the case for a Bill of Rights. Organize the students into two groups. Ask them to pretend they are Constitutional Convention delegates and have them debate the following issue: “Resolved: That the United States Constitution should contain a Bill of Rights.” Those opposing the inclusion of a Bill of Rights should read The Federalist No. 84 Those favoring the inclusion of a Bill of Rights should read The Anti-Federalist No. 84 to help prepare their positions. Federalists versus Anti-Federalists The Federalist Papers Ratifying the Constitution Bill of Rights

Federalists Versus Anti-Federalists
2.5 Federalists Versus Anti-Federalists During the debate over whether to ratify the Constitution, those who favored the new strong national government were called Federalists. Opponents of ratification, who favored stronger states governments and a weaker national government were called Anti-Federalists. The ratification process was marked by fervent debates between the two sides. Federalists favoured strong national government Anti-Federalists favoured strong state governments Ratification process was contentious

The Federalist Papers 2.5 85 essays by Federalists
Three of the most prominent Federalists, Alexander Hamilton, James Madison, and John Jay, penned 85 essays in New York newspapers under the pseudonym “Publius.” These essays were a bit theoretical and scholarly to have much impact on the public during the ratification debate at the time, but they have survived as explanations for later generations of the Framers’ intentions. The Anti-Federalists responded with essays of their own, expressing their fear that the national government would run roughshod over the liberties of the people and the New York ratification vote was close. 85 essays by Federalists Alexander Hamilton (51) James Madison(26) John Jay(3) Appeared in New York newspapers Theoretical, scholarly Anti-Federalists responded with critique of Constitution

Ratifying the Constitution
2.5 Ratifying the Constitution Delaware was the first state to ratify the Constitution, as they proudly proclaim on their license plates to this day. Small states were generally quicker to ratify, with the notable exception of Rhode Island which hadn’t even sent delegates to the Constitutional Convention, because they liked the notion of equal representation in the Senate. With the ratification of the 9th state, New Hampshire, the Constitution was officially in force but two of the largest states, New York and Virginia, who together held 40% of the population, had yet to ratify, so the practical future of the union was still very much in doubt. Hamilton in New York and Madison in Virginia worked to convince delegates to their state conventions to vote for the new government. When news of Virginia’s acceptance of the Constitution reached the New York convention, Hamilton was able to convince a majority of those present to follow suit by a margin of three votes. Delaware first state Small states first New Hampshire 9th state New York and Virginia

The Bill of Rights 2.5 Condition of ratification
The Anti-Federalists insisted that a Bill of Rights be added as a condition of ratification. The Bill of Rights comprise the first ten amendments to the Constitution and prevent the federal government from infringing on a range of civil liberties including freedom of speech, of the press, religion and assembly. Condition of ratification Sought by Anti-Federalists to protect civil liberties First ten amendments to Constitution

2.5 TABLE 2.2: What were the differences
Between the Federalists and the Anti-Federalists? This table compares the background, political philosophy, type of government favored, and alliances of the Federalists and Anti-Federalists.

Toward Reform: Methods of Amending the Constitution
2.6 Toward Reform: Methods of Amending the Constitution The Framers did not want the whims of the people to sway the government unduly. Therefore, they designed a deliberate two-stage, formal amendment process that required approval on both federal and state levels; this process has rarely been used. However, informal amendments, prompted by judicial interpretation, cultural and social changes, and technological change, have had a tremendous impact on the Constitution. Formal Methods of Amending the Constitution Informal Methods of Amending the Constitution

Formal Methods of Amending the Constitution
2.6 Formal Methods of Amending the Constitution Article V of the Constitution creates a two-stage amendment process: proposal and ratification. There are two ways to accomplish each stage. Let’s look at the graphic on the next slide to understand the process. Proposal Two-thirds members of both houses Two-thirds of state legislatures Never used Ratification Vote in state legislature Vote in ratifying convention

2.6 FIGURE 2.2: How can the U.S. Constitution be amended?
There are two stages to the amendment process: proposal and ratification. Amendments can be proposed by a vote of two-thirds of the members in both houses of Congress, or by a vote of two-thirds of the state legislatures specifically requesting Congress to call a national convention to propose amendments. The second method has never been used. The ratification process is fairly straightforward. When Congress votes to propose an amendment, the Constitution specifies that the ratification process must occur in one of two ways: a favorable vote in three-fourths of the state legislatures; or, a favorable vote in specially called ratifying conventions in three-fourths of the states.

2.6 Which is the only constitutional amendment to be repealed?
This is an interesting aside in the amendment process. For all its moral support from groups such as the Women’s Christian Temperance Union (WCTU), the Eighteenth Amendment was a disaster. Among its side effects was the rise of powerful crime organizations responsible for illegal sales of alcoholic beverages. Once proposed, it took only ten months to ratify the Twenty-First Amendment, which repealed the Prohibition Amendment.

Informal Methods of Amending the Constitution
2.6 Informal Methods of Amending the Constitution In 1803, the Supreme Court declared in Marbury v. Madison that federal courts had the power to nullify acts of the nation’s government when the courts found such acts to conflict with the Constitution. Today, some analysts argue that the original intent of the Framers should govern judicial interpretation of the Constitution. Others argue that the Framers knew a changing society needed an elastic, flexible document that could adapt to the ages. Even the most far-sighted of the Framers could not have anticipated the vast changes that have occurred in the United States. The Constitution has evolved to accommodate such social and cultural changes. The federal government has taken on more powers and responsibilities in relation to the states, as we will discuss later in this course. Technological advances of the twenty-first century bring up new questions concerning privacy and our rights under the Constitution. Activity: Ask students to bring in a news story from the previous week to illustrate a point of contention over the U.S. Constitution. Use these clippings as the basis for class discussion, focusing on how the Founders left the Constitution flexible for future generations. Examples might include gun control (the 2nd Amendment), the rights of criminal procedure and due process, or the implied right to privacy. Judicial interpretation Supreme Court can decide if laws are unconstitutional Social and cultural change Legislation can alter balance of power between government and states Technological change Media is redefining free speech

2 Video: So What? As you’ve learned in this chapter, the Framers fashioned the most important document in our history. The United States has changed a lot in the past two hundred years. So why have we always been governed by the same document? In this video, author Alixandra B. Yanus explain the unique features of the U.S. Constitution that have allowed it to remain effective for so long.

Vocabulary Anti-Federalists Those who favored strong state governments and a weak national government; opposed to ratification of the U.S. Constitution. Articles of Confederation The compact between the thirteen original colonies that created a loose league of friendship, with the national government drawing its powers from the states. Bill of Rights The first ten amendments to the U.S. Constitution, which largely guarantee specific rights and liberties. Checks and Balances A constitutionally mandated structure that give each of the three branches of government some degree of oversight and control over the actions of the others. Committees of Correspondence Organizations in each of the American colonies created to keep colonists abreast of developments wit the British; served as powerful molders of public opinion against the British.

Vocabulary Confederation Type of government in which the national government derives its powers from the states; a league of independent states. Constitution A document establishing the structure, functions, and limitations of a government. Declaration of Independence Document drafted largely by Thomas Jefferson in 1776 that proclaimed the right of the American Colonies to separate from Great Britain. Enumerated Powers The powers of national government specifically granted to Congress in Article I, section 8 of the Constitution. Federal System System of government in which the national government and state governments share power and derive all authority from the people.

Vocabulary Federalists Those who favored a stronger national government and supported the proposed U.S. Constitution; later became the first U.S. political party. First Continental Congress Meeting held in Philadelphia from September 5 to October 26, 1774 in which 56 delegates adopted a resolution in poopsition to the Coercive Acts. Full Faith and Credit Clause Section of Article IV of the Constitution that ensures judicial decrees and contracts made in one state will be binding and enforceable in any other state. Great Compromise The final decision of the Constitutional Convention to create a two-house legislature, lower house elected by people and powers divided between the two houses. It also made national law supreme. Implied Powers The powers of the national government derived from the enumerated powers and necessary and proper clause.

Vocabulary Mercantilism An economic theory designed to increase a nation’s wealth through the development of commercial industry and a favorable balance of trade. Necessary and Proper Clause The final paragraph of Article I, section 8, of the Constitution, which gives Congress the authority to pass all laws “necessary and proper” to carry out the enumerated powers specified in the Constitution; also called the elastic clause. New Jersey Plan A framework for the Constitution proposed by a group of small states, wanted a one-house legislature with one vote for each state, a Congress with the ability to raise revenue, and a Supreme Court with members appointed for life. Second Continental Congress Meeting that convened in Philadelphia on May 10, 1775, at which it was decided that an army should be raised and George Washington of Virginia was named commander in chief.

Vocabulary Separation of Powers A way of dividing the power of government among the legislative, executive, and judicial branches, each staffed separately, with equality and independence of each branch ensure by the Constitution. Shays’s Rebellion A rebellion in which an army of 1,500 disgruntled farmers led by Daniel Shays marched to Springfield, MA and forcibly restrained the sate court from foreclosing mortgages on their farms. Stamp Act Congress Meeting of representatives of nine of the thirteen colonies held in New York in 1765, during which representatives drafted a document to send to the kind that listed how their rights had been violated. Supremacy Clause Portion in Article VI of the Constitution mandating the national law is supreme to all other laws passed by the states or by any other subdivision of government.

Vocabulary The Federalist Papers A series of 85 political essays written by Alexander Hamilton, James Madison and John Jay in support of ratification of the U.S. Constitution. Three-Fifths Compromise Agreement reached stipulating that each slave was to be counted as three-fifths of a person for the purposes of determining population for representation in the U.S. House of Representatives. Virginia Plan The first general plan for the Constitution offered in PA. Its key points were a bicameral legislature as well as an executive and judiciary chosen by the national legislature.

2 The Constitution In 1787, a group of exceptional men, called the Framers, met in Philadelphia to propose a framework for a new government. This framework.

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2 The Constitution In 1787, a group of exceptional men, called the Framers, met in Philadelphia to propose a framework for a new government. This framework.

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