1. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Constitution Chapter 2 Edwards, Wattenberg, and Lineberry Government in America: People, Politics, and Policy Fourteenth Edition

2. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Biblical Integration Believers through God's strength and grace can have an impact on society. –(Matt. 5:13; 28: 19-20)

3. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. L earning O bjectives After studying this chapter, students should be able to: Outline the events that led early Americans to declare independence from Britain. Review the basic philosophy that underlies the Declaration of Independence. Summarize the parallels between Locke’s writings and Jefferson’s language in the Declaration of Independence. Explain how the weaknesses of the Articles of Confederation laid the groundwork for the Constitution. Describe what Madison meant by “factions” and how he proposed to solve the problems presented by factions. Evaluate how the Constitutional Convention dealt with issues of equality. Summarize the major compromises of the Constitutional Convention. Explain why economic issues were high on the agenda at the Constitutional Convention and how the framers tried to strengthen the economic powers of the new national government.

4. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. L earning O bjectives Demonstrate what we mean by the “Madisonian model” and how it is incorporated within the Constitution. Understand why many critics claim that the Madisonian model actually reduces efficiency in the operations of government. Describe the major issues between the Federalists and the Anti- Federalists in the debates over ratification of the Constitution. Ascertain how constitutional changes—both formal and informal—continue to shape and alter the Madisonian system. Evaluate the Constitution in terms of the theme of democracy that runs throughout this chapter. Identify factors that have led to a gradual democratization of the Constitution. Understand how the Constitution affects the scope of government in America.

5. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Constitution Definition –A constitution is a nation’s basic law. It creates political institutions, assigns or divides powers in government, and often provides certain guarantees to citizens. Sets the broad rules of the game The rules are not neutral; some participants and policy options have advantages over others.

6. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Origins of the Constitution Landmark English Documents Influential to America: –Magna Carta (1215): Established the principle of limited government and the fundamental rights of English citizens, such as, trial by jury and due process of law. Petition of Rights: –Limited the monarch's authority and elevated the power of Parliament while extending the rights of the individual. Challenging the idea of the divine right of kings, declaring that even a monarch must obey the law of the land. For example, the king could not imprison critics without a jury trial, could not declare martial law in peacetime, and could not require people to shelter troops without a homeowner's consent. English Bill of Rights (1689): –Redefined the rights of Parliament and the rights of individuals. It prohibited a standing army and required parliamentary elections.

7. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Origins of the Constitution The English Heritage: The Power of Ideas –Natural rights: rights inherent in human beings, not dependent on government –Consent of the governed: government derives its authority by sanction of the people –Limited Government: certain restrictions should be placed on government to protect natural rights of citizens

8. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Origins of the Constitution The Road to Revolution –Colonists faced tax increases after the French and Indian War. –Colonists lacked direct representation in parliament. –Colonial leaders formed the Continental Congress to address abuses of the English Crown.

9. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Origins of the Constitution

10. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Origins of the Constitution Declaring Independence –In May and June 1776, the Continental Congress debated resolutions for independence. –The Declaration of Independence, which listed the colonists grievances against the British, is adopted on July 4, 1776. –Politically, the Declaration was a polemic, announcing and justifying revolution.

11. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Origins of the Constitution Winning Independence –In 1783, the American colonies prevailed in their war against England. The “Conservative” Revolution –Restored rights the colonists felt they had lost –Not a major change of lifestyles

12. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Origins of the Constitution The English Heritage: The Power of Ideas –John Locke’s influence The Second Treatise of Civil Government (1689). –Natural rights –Consent of the governed –Limited Government

13. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Origins of the Constitution

14. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Government That Failed The Articles of Confederation –The first document to govern the United States, it was adopted in 1777 and ratified in 1781. –It established a confederation, a “league of friendship and perpetual union” among 13 states and former colonies. –Congress had few powers; there was no president or national court system. –All government power rested in the states.

15. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Government That Failed Changes in the States –Liberalized voting laws increased political participation and power among a new middle class. –An expanding economic middle class of farmers and craft workers counterbalanced the power of the old elite of professionals and wealthy merchants. –Ideas of equality spread and democracy took hold.

16. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Government that Failed

17. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Government That Failed Economic Turmoil –Postwar depression left farmers unable to pay debts –State legislatures sympathetic to farmers and passed laws that favored debtors over creditors Shays’ Rebellion –Series of attacks on courthouses by a small band of farmers led by Revolutionary War Captain Daniel Shays to block foreclosure proceedings. –Economic elite concerned about Articles’ inability to limit these violations of individual’s property rights

18. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Government That Failed The Aborted Annapolis Meeting –An attempt to discuss changes to the Articles of Confederation in September 1786 –Attended by only 12 delegates from 5 states –Called for a meeting in May 1787 to further discuss changes—the Constitutional Convention

19. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Making a Constitution: The Philadelphia Convention Gentlemen in Philadelphia –55 men from 12 of the 13 states –Mostly wealthy planters and merchants –Most were college graduates with some political experience –Many were coastal residents from the larger cities, not the rural areas

20. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Philadelphia Convention Philosophy into Action –Human Nature, which is self-interested –Political Conflict, which leads to factions –Objects of Government, including the preservation of property –Nature of Government, which sets power against power so that no one faction rises above and overwhelms another

21. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Agenda in Philadelphia The Equality Issues –Equality and Representation of the States New Jersey Plan—equal representation in states Virginia Plan—population-based representation Connecticut Compromise –Slavery Three-fifths compromise –Political Equality and voting left to states

22. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Agenda in Philadelphia

23. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Agenda in Philadelphia The Economic Issues –States had tariffs on products from other states –Paper money was basically worthless –Congress couldn’t raise money – Actions taken: Powers of Congress to be strengthened Powers of states to be limited

24. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Agenda in Philadelphia

25. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Agenda in Philadelphia The Individual Rights Issues –Some were written into the Constitution: Prohibits suspension of writ of habeas corpus No bills of attainder No ex post facto laws 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 and expression Rights of the accused

26. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Madisonian Model To prevent a tyranny of the majority, Madison proposed a government of: –Limiting Majority Control –Separating Powers –Creating Checks and Balances –Establishing a Federal System

27. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Madisonian Model

28. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Madisonian Model

29. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. 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 – change is slow The End of the Beginning –The document was approved, but not unanimously. Now it had to be ratified.

30. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Ratifying the Constitution

31. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Ratifying the Constitution Federalists favored ratification –James Madison –Alexander Hamilton –John Jay –George Washington Anti-federalists opposed ratification –Patrick Henry –John Hancock –Samuel Adams –Thomas Jefferson

32. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Ratifying the Constitution Federalist Papers –A collection of 85 articles published in a New York newspaper by Alexander Hamilton, John Jay, and James Madison under the name “Publius” to defend the Constitution Anti-Federalist Papers –Published in a New York newspaper by George Clinton & Robert Yates under the name “Cato” (“Brutus” & “Sydney”) – Constitution lacked a Bill of Rights 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

33. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Ratifying the Constitution

34. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Ratifying the Constitution Ratification –Lacking majority support, the Federalists specified that the Constitution be ratified by state conventions, not state legislatures. –Delaware first ratified the Constitution on December 7, 1787. –New Hampshire’s approval (the ninth state to ratify) made the Constitution official by June, 1788

35. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Ratifying the Constitution Virginia: –swayed by James Madison’s promise to recommend the Bill of Rights amendment –approved the Constitution June 25, 1788 (89 to 79) Finally, N.Y. approved the Constitution on July 26, 1788 (30 to 27) –after the collapse of the Virginia Anti-Federalist. Elections for Congress set for March 4, 1789

36. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Formal Amendment Process Define Amendment: A change in, or addition to, a constitution or law. Formal amendment refers to changes or additions that become part of the written Constitution

37. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Amendment Process (1) The most popular method – proposed by Congress by two-thirds vote in both houses –then ratified by three-fourths of the state legislatures (38 of 50). (2) Proposal by Congress with a two-thirds vote in both houses, –then ratified by special conventions in three- fourths of the states (38 of 50)(Only repeal of prohibition, i.e., 21st Amendment adopted in this fashion).

38. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Amendment Process (3) Amendment proposed at a national convention when requested by two-thirds of the state legislatures (34 of 50), –then ratified by three-fourths of the state legislatures (38 of 50) (4)Amendment is proposed at a national convention called by Congress when requested by two-thirds of the state legislatures (34 of 50), –then ratified by special conventions held in three-fourths of the states (38 of 50)

39. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Constitutional Change

40. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Constitutional Change The Informal Process of Constitutional Change –Judicial Interpretation Marbury v. Madison (1803): judicial review –Changing Political Practice –Technology –Increasing Demands on Policymakers

41. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Understanding the Constitution Constitution is not a perfect document, but it has stood the test of time: –durable –adaptable –model of success for other countries The Constitution and Democracy –The Constitution itself is rarely described as democratic. –There has been a gradual democratization of the Constitution.

42. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Understanding the Constitution The Constitution is short, with fewer than 8,000 words. It does not prescribe every detail. –There is no mention of congressional committees or independent regulatory commissions. The Constitution is not static, but flexible for future generations to determine their own needs.

43. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Understanding the Constitution The Constitution and Democracy –The Constitution is rarely described as democratic. –There has been a gradual democratization of the Constitution. The Constitution and the Scope of Government –Much of the Constitution reinforces individualism and provides multiple access points for citizens. –It also encourages stalemate and limits government.

44. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. A Nation Arrives George Washington was the unanimous choice for president –oath on April 30, 1789 –Balcony of Federal Hall on Wall Street in N.Y. Temporary capital –New York City, in March 1789 –Philadelphia in 1790 –Washington, D.C. in 1800

45. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Summary The Constitution was ratified to strengthen congressional economic powers, even with disagreements over issues of equality. Protection of individual rights guaranteed through the Bill of Rights. Formal and informal changes continue to shape our Madisonian system of government.