© 2010 Pearson Education
Chapter 2The American Constitution
– Party changeover from Republicans to Democrats• Why?
– Over war– Margin of control too narrow to make promised
changes
Case Study: Party takeover
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
The Background of the Constitution
–Historical Setting• Founding fathers influenced by their
most recent past–Under British rule –Period under the Articles of
Confederation.
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.
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.
– 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
The Background of the Constitution
– 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
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.
Constitutional Principles• To properly understand the Constitution:
– Popular sovereignty – Representative democracy– The rule of law– Limited government
Constitutional Principles• To properly understand the Constitution:
– Separation of powers– Checks and balances– Federalism– Bicameralism
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.
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.
BILL OF RIGHTSFirst Amendment
Second AmendmentThird Amendment
Fourth AmendmentFifth AmendmentSixth Amendment
Seventh AmendmentEighth AmendmentNinth AmendmentTenth Amendment
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
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
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).
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
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
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
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
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
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.
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
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.
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.
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