1. The Constitution
Chapter 2

2. Pre-Test
What is a constitution? In what ways is a constitution key to democracy?

3. Constitution Definition
A nation’s basic law. It creates political institutions, assigns or divides powers in government, and often provides certain guarantees to citizens.

4. The U.S. Constitution It is brief (originally just 7 Articles)
It established the U.S. as a federal republic composed of three branches (legislative, executive, and judicial)
Over time, it’s been amended to account for U.S.’s changing size and political systems

5. The Origins of the Constitution
Declaration of Independence (1776)
Lists grievances against the king of England
Justifies revolution
The “Conservative” Revolution
Restored rights the colonists felt they had lost
Not a major change of lifestyles

6. Age of Enlightenment View film clip Read handout
Discuss questions in pairs

7. Age of Enlightenment From 1650-1800
Ideas from philosophers of this age influenced those who wrote the US Constitution greatly
People had rights; dictatorships were immoral
Why did they believe government was necessary?

8. Natural Rights / Age of Enlightenment
The idea of natural rights
Philosophy of John Locke
All are born with natural rights: life, liberty, & property
Consent of the governed: a government is legitimate only if the people approve of it
Limited government: natural rights are superior to government; therefore, government should have limited power

9. Articles of Confederation: A Metaphor…
How might a young person who had very strict / protective parents (tight curfew, lots of limits on when and where you could go) react during their first year of college away from home?
In balance, do you think their upbringing would be a benefit or a cost? Why?
Show film clip
Look for What, How, & Why did it fail

10. The Articles of Confederation (1776-1787)
What: The first document to govern the United States
Why: Designed to preserve the independence of the states
So What: Ultimately a failure; national government was too weak!

11. National Government under the Articles of Confederation
Unicameral national legislature
No executive or judicial institutions
Most power rests with state legislatures
No power to tax
No regulation of foreign or interstate trade
No national currency
No national defense

12. Weaknesses of the Articles
With no power to tax, the national government couldn’t repay its war debts
With no ability to establish and regulate trade, the national economy stalled
The states were NOT unified but independent states with different political, economic and social concerns
No ability to raise a militia leads to unrest

13. Shay’s Rebellion
What? A small band of farmers in Massachusetts rebelled by attacking courthouses to prevent judges from foreclosing on their farms
Under the Articles, neither Congress nor the state was able to raise militia to stop them
Significance: Final proof that the national government was too weak under Articles

14. Making a Constitution: The Philadelphia Convention
Gentlemen in Philadelphia
55 men from 12 of the 13 states
Mostly wealthy planters & merchants
Most were college graduates with some political experience
Many were coastal residents from the larger cities, not the rural areas

15. The Philadelphia Convention, continued
Philosophy into Action: All delegates believed…
Human Nature: People were self-interested; a strong government was necessary
Political Conflict: inequality of wealth caused most conflicts; factions had to be checked
Objects of Government: Government must protect the rights of individuals to hold and acquire property and wealth
Nature of Government: Must have checks on all aspects of government to prevent abuse of power

16. The Agenda in Philadelphia

17. Equal Representation of the people in the legislature
Equality of States: Two Plans for structure of Legislature were proposed
New Jersey Plan: each state should be allowed the same # of representatives in the national Congress
This favored small states
Virginia Plan: Representation in the national Congress should be based on a state’s population
This favored large states

18. Structure of the Legislature
Connecticut Compromise / Great Compromise
Established a bicameral (two house) congress
Senate would include two representatives from each state
House would be based on state population
Three-fifths Compromise
Only 3/5 of slaves counted in determining state representation for southern states (later repealed by 14th Amendment)

19. Economic Powers

20. The Agenda in Philadelphia
The Individual Rights Issues
Some were written into the Constitution:
Writ of habeas corpus (must explain charges to prisoners)
No bills of attainder (punishment without trial)
No ex post facto laws (punishment for act that wasn’t illegal when committed)
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 / expression
Rights of the accused

21. The Madisonian Model Limiting Majority (and Minority) Control
No direct election of President or Senators
Separating Powers
Divided national gov’t into three branches, each with its own powers and responsibilities
Creating Checks and Balances
To ensure no branch becomes too powerful, each can restrain the others
Establishing a Federal System
Shared power between national and state gov’ts

22. The Madisonian Model
The Constitution and the Electoral Process: The Original Plan (Figure 2.2)

23. The Madisonian Model
Figure 2.3

24. The Madisonian Model The Constitutional Republic
Republic: A form of government in which the people select representatives to govern them and make laws.
Favors the status quo - changes are slow

25. Ratifying the Constitution
The approval of at least nine states was needed to ratify the Constitution; it did not come easily
Federalists: supported passage of the Constitution
Anti-Federalists: favored more power for the states

26. Ratifying the Constitution

27. Ratifying the Constitution
Show film clip The Purpose and Intent of the Founders (
As you watch, look for
What were the Federalist Papers?
What is the Bill of Rights?
Who wanted the Bill of Rights and why?

28. Anti-Federalists
Feared that the Constitution favored an elite minority
Believed that the Constitution failed to protect too many individual freedoms
Believed that a strong national government would limit the power of the states
Published articles denouncing the Constitution as a tool of the aristocracy

29. Federalists Supported passage of the Constitution
Wrote The Federalist Papers
A collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison under the name “Publius” to defend the Constitution.
Added the Bill of Rights
The first 10 amendments to the U.S. Constitution, drafted in response to some of the Anti-Federalist concerns about the lack of basic liberties.
Provide civil liberties—protections against gov’t action

30. Formal Amendment Changes the actual words of the Constitution
There have been only 27 Amendments
Activity: Look at 27 Amendments
What patterns / big picture observations can you make about their nature/content?
Which do you think are most important? Why?

31. Formal Amendments
It is difficult to change the words of the Constitution
The amendments collectively have made the U.S. Constitution more democratic by expanding voting rights and securing civil liberties

32. Process Proposal: An amendment is proposed first By 2/3 of Congress OR
By a national convention called by Congress at the request of 2/3 of the states’ legislatures)
Ratification means acceptance. There are two ways to ratify a proposed amendment:
By ¾ of the state legislatures accepting it
By ¾ of the states accepting it in a statewide convention (21st Amendment only)

33. Constitutional Change
Figure 2.4

34. Formal Amendments 26 Amendments have passed in this way:
Proposed by 2/3 of each house of Congress and
Accepted by ¾ of the state legislatures
1 Amendment has passed this way:
Accepted by ¾ of states in state conventions (Prohibition)

35. Informal Amendment
The meaning of the Constitution Changes without changing the words
Most constitutional changes are made this way
Judicial Interpretation
Changing Political Practice
Technology
*Activity: Venn Diagram (with examples)

36. Informal Amendment: Methods
1.      Basic Legislation
Details were added by Congresses
Ways it interprets the Constitution and carries out its duties
2.      Executive Actions
Presidential power grows in times of crisis
Executive Agreement
3.   Supreme Court Decisions
Marbury v. Madison

37. Informal Amendments Methods
4.   Political Parties
Nomination process
Election process
5.   Custom
Cabinet
2 terms per President
Presidential succession

38. Judicial Review
The power of the courts to determine whether acts of Congress and the President are in accord with the U.S. Constitution
Established in the 1803 case Marbury v. Madison