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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
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.
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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.
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Origins of the Constitution
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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.
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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
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Origins of the Constitution
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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
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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.
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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.
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The Government that Failed
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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
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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
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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
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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
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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
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The Agenda in Philadelphia
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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
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The Agenda in Philadelphia
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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
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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
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The Madisonian Model
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The Madisonian Model
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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.
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Ratifying the Constitution
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Ratifying the Constitution
Federalist Papers
– A collection of 85 articles written by Alexander
Hamilton, John Jay, and James Madison under the
name “Publius” to defend the Constitution
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
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Ratifying the Constitution
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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 six months later.
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Constitutional Change
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Constitutional Change
The Informal Process of
Constitutional Change
– Judicial Interpretation
• Marbury v. Madison (1803): judicial review
– Changing Political Practice
– Technology
– Increasing Demands on Policymakers
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The Importance of Flexibility
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.
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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.
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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.
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