1. Pearson Education, Inc., Longman © 2008 The Constitution Chapter 2 Government in America: People, Politics, and Policy Thirteenth AP* Edition Edwards/Wattenberg/Lineberry Pearson Education, Inc., Longman © 2008

2. 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. 1 st Continental Congress began meeting in 1774 2 nd Continental Congress began in May 1775, by which time the battle of Lexington and Concord had already started the Revolutionary War.

3. Pearson Education, Inc., Longman © 2008 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.

4. Pearson Education, Inc., Longman © 2008 Origins of the Constitution Ideas contained in the Declaration of Independence are derived from the ideas of John Locke. – 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

5. Pearson Education, Inc., Longman © 2008 Origins of the Constitution

6. Pearson Education, Inc., Longman © 2008 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. Historically called, “the necessary failure”

7. Pearson Education, Inc., Longman © 2008 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

8. Pearson Education, Inc., Longman © 2008 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

9. Pearson Education, Inc., Longman © 2008 Making a Constitution: The Philadelphia Convention Gentlemen in Philadelphia – 55 men from 12 of the 13 states Notable ABSCENSES were Thomas Jefferson, John Adams, Patrick Henry – Mostly wealthy planters & merchants – Most were college graduates with some political experience – Many were coastal residents from the larger cities, not the rural areas

10. Pearson Education, Inc., Longman © 2008 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-aka the Great Compromise – Slavery Three-fifths compromise – Political Equality and voting left to states

11. Pearson Education, Inc., Longman © 2008 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 The Solution – The Commerce and Slave Trade Compromise Congress’ power strengthened, including powers to coin money and regulate commerce Congress could NOT tax exports (Article 1, Section 9) States’ power limited- could NOT coin money, interfere with each other’s commerce, etc… Slave trade could not be limited or ended or even discussed until 1808.

12. Pearson Education, Inc., Longman © 2008 The Agenda in Philadelphia

13. Pearson Education, Inc., Longman © 2008 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 – Many individual rights were left unspecified, and therefore, unprotected.

14. Pearson Education, Inc., Longman © 2008 The Final Result 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 sent to the states for ratification. – Two factions emerged- the Federalists (those who favored the strong, central government) and the Anti- Federalists (those who opposed it).

15. Pearson Education, Inc., Longman © 2008 Ratifying the Constitution

16. Pearson Education, Inc., Longman © 2008 Ratifying the Constitution Ratification – Delaware first ratified the Constitution on December 7, 1787. – New Hampshire’s approval (the ninth state to ratify) made the Constitution official on June 21, 1788. – As a practical matter, everyone knew that unanimous support was necessary for success; thus a series of spirited debates took place, particularly in New York and Virginia. The Federalist- a series of 85 essays published in New York to defend the Constitution – Finally, unanimity was achieved when Rhode Island ratified the Constitution on May 29, 1790. The last two states to ratify, North Carolina and Rhode Island, made the inclusion of a Bill of Rights a condition of their ratification. By this point James Madison had drafted a Bill of Rights that included 12 provisions, 10 of which were eventually ratified.

17. Pearson Education, Inc., Longman © 2008 The Living Constitution “ If men were angels no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed, and in the next place oblige it to control itself. A dependence on the people is no doubt the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions.” James Madison Federalist 51

18. Pearson Education, Inc., Longman © 2008 The Madisonian Model i.e. limited government through separation of powers and checks and balances

19. Pearson Education, Inc., Longman © 2008 Modifications of Checks and Balances Changing Political Practices National Parties-may intensify or moderate checks and balances Expansion of the electorate and changes in electoral methods –Who votes –Direct Primaries –Initiative, Referendum and Recall Establishment of Agencies that exercise legislative, executive, and judicial functions. Although these are technically part of the executive branch, they are, in effect, a 4 th branch of government Changes in Technology Nuclear weapons have expanded power of the President Communications technology has expanded the role of the media Emergence of U.S. as a World Power Increasing power of the executive branch, particularly the President given the U.S.’s extraordinary range of international responsibilities.

20. Pearson Education, Inc., Longman © 2008 INFORMAL methods of amending the Constitution Congressional Elaboration-many structural and vague provisions of the Constitution were left up to Congress to fill in the details. Judiciary Act of 1789- set up the federal court system Laws establishing Cabinet Impeachment Power- “high crimes and misdemeanors”

21. Pearson Education, Inc., Longman © 2008 INFORMAL methods, cont… Presidential Practices Executive Orders Executive Privilege Impoundment of Funds Commander in Chief Propose and work to pass legislation Budget Process

22. Pearson Education, Inc., Longman © 2008 INFORMAL methods, cont… Judicial Interpretation- a.k.a. Judicial Review No mention of this in the Constitution. We know the framers intended for the courts to be able to review STATE laws because of the Supremacy Clause, but FEDERAL laws? Marbury v. Madison (1803)- Supreme Court TOOK the power of Judicial Review “The Supreme Court is a Constitutional Convention in continuous session.”

23. Pearson Education, Inc., Longman © 2008 FORMAL Constitutional Change

24. Pearson Education, Inc., Longman © 2008 FORMAL Constitutional Change, cont… The Constitution has been formally amended 27 times. The process is extremely difficult- the framers did this ON PURPOSE. There must truly be a national consensus if any changes are to be made The process reflects the principle of FEDERALISM. Sufficient momentum to get an amendment proposed, does not mean it will have sufficient support for ratification. Example: The Equal Rights Amendment

25. Pearson Education, Inc., Longman © 2008 Summary The Constitution was ratified to strengthen the power of the national government. Protection of individual rights is guaranteed through the Bill of Rights. Formal and informal changes continue to shape our Madisonian system of government.