1. © 2010 Pearson Education Chapter 2 The American Constitution

2. –Party changeover from Republicans to Democrats Why? –Over war –Margin of control too narrow to make promised changes Case Study: Party takeover

3. The Background of the Constitution –Fundamental law by which a state or nation is organized and governed Establishes a framework for government Assigns powers and responsibilities to different government branches Defines the relationship between the people and their government

4. The Background of the Constitution –Historical Setting Founding fathers influenced by their most recent past –Under British rule –Period under the Articles of Confederation.

5. The Background of the Constitution –Peaceful political relationship with Great Britain until 1763 The British took a more active role in colonial affairs. –They imposed new taxes on the colonists to pay the debt incurred in the French and Indian Wars. To the surprise of the British, the American colonists were outraged and ultimately revolted against British rule.

6. The Background of the Constitution –American colonies formed the Continental Congress, a unicameral (one-house) legislature in which each state had one vote. Although without true governing authority, it –declared independence, –raised an army, –negotiated with foreign countries, and –drafted a plan for a national union that became the Articles of Confederation.

7. –Articles of Confederation authors determined to avoid the abuses they experienced Strictly a national government Most power rested with the sovereign states The weak, central government was unable to deal effectively with the nation’s problems –Led to a call to revise the Articles The Background of the Constitution

8. –American Political Thought The Constitution written during the Enlightenment –Reflects political theorists of that time, i.e. Locke »In a natural state, all people were born free and equal and possessed certain natural rights. »Life, liberty, and property

9. The Background of the Constitution –Locke: People voluntarily joined together to form governments to protect these rights. Americans drew three important concepts from Locke’s political thought. –Theory of revolution –Government can play an active, positive role in society instead of just being a necessary evil. –Doctrine of natural rights was a theoretical foundation for limited government.

10. Constitutional Principles To properly understand the Constitution: –Popular sovereignty –Representative democracy –The rule of law –Limited government

11. Constitutional Principles To properly understand the Constitution: –Separation of powers –Checks and balances –Federalism –Bicameralism

12. Constitutional Principles Democracy – two types –Representative Citizens elect representatives to make policy decisions on their behalf. –Direct Citizens vote directly on matters of public concern.

13. Constitutional Principles –Rule of law limits the discretion of public officials in dealing with individuals. –Limited government does not have unrestricted authority over its citizens.

14. BILL OF RIGHTS First Amendment Second Amendment Third Amendment Fourth Amendment Fifth Amendment Sixth Amendment Seventh Amendment Eighth Amendment Ninth Amendment Tenth Amendment

16. Constitutional Principles –Separation of powers Divides power among the executive, legislative, and judicial powers of government –Checks and balances Overlapping of the powers of the branches of government –Montesquieu to provide theoretical justification for their adoption

17. Constitutional Principles –James Madison Principal architect of the separation of powers, he believed: –Country needed a strong national government to balance the power of local interests –Country needed a means of preventing tyranny –Guaranteed a certain amount of tension in the American political system

18. Constitutional Principles –Federalism –The framers lived under both a unitary government and a confederation. –Under Great Britain, it was a unitary system in which political authority was concentrated in a single national government. –Under the Articles of Confederation, it was a league of nearly independent states similar to the United Nations (a confederation).

19. Constitutional Principles Framers sought the best of both systems –Federalism Divides power between a central government and a series of state governments Allows for a strong national government Offers two distinct advantages –Provides political representation to accommodate diversity –Protects individual freedoms from governmental interference

20. Constitutional Principles Bicameralism –To prevent the national legislature from becoming too powerful –Framers hoped popularly elected House of Representatives would be constrained by the more conservative Senate –Until ratification of the 17th Amendment

21. The Living Constitution Fundamental framework for 200 + years Few formal changes Ability to adapt to changing times while maintaining adherence to basic principles: –Practice and experience –Amendment –Judicial interpretation

23. The Living Constitution Constitutional change through practice and experience –The roles of the president –Key features of the constitutional system, i.e., federal bureaucracy, not mentioned in the Constitution But are subject to legal limitations and judicial interpretation

24. The Living Constitution Constitutional change through amendment –Formally amending the Constitution is a two- step process: Two methods of proposing amendments to the Constitution and Two methods of ratifying those proposals

25. The Living Constitution Change through judicial interpretation –Most common way the Constitution changes The power of the courts to declare acts of the executive and legislative branches unconstitutional is known as judicial review.

26. The Constitution, Politics, and Public Policy Constitution affects the policymaking process through its fragmentation of political power –Power at the national level divided among three branches Legislative Executive Judicial

27. The Constitution, Politics, and Public Policy The legislative branch further divided into two separate houses. Federalism allocates power between the national government and the 50 state governments. The Framers knew this division of power would result in friction in our political system and slow, incremental policy changes.

28. Conclusion: The Constitutional Environment for Policymaking The U.S. Constitution is not without its critics. –Antifederalists argued that the Constitution is structured to benefit special interests at the expense of the majority of the people.

29. Critics Constitution is a blueprint for political deadlock among the different branches Constitutional stalemate is not inevitable –Policy deadlocks can be attributed to politics more often than constitutional inadequacy. Public policy reflects interplay between the Constitution and contemporary politics