The Constitution

Chapter 2

Edwards, Wattenberg, and LineberryGovernment in America: People, Politics, and Policy

Fourteenth Edition

DrawOhio’sFlag

Constitution• Definition

A constitution is a nation’s basic lawIt creates political institutions

Divides powers in government

• Sets the broad rules of the game

THE “REAL” REVOLUTION (IDEOLOGY )

LEGITIMATE GOVERNMENT AUTHORITY

SOCIAL CONTRACT THEORY

HUMAN LIBERTY PRECEDED GOVERNMENT

LEGISLATIVE BRANCH MOST IMPORTANT

THEY REPRESENTED THE PEOPLE

Origins of the American Revolutiuon

• The Road to Revolution

• Tax increases after French and Indian War

• Colonists lacked direct representation

HOBBES LOCKE ROUSSEAU

The Social Contract

Origins of the Constitution

DECLARING INDEPENDNCE

• Second Continental Congress met

• The Declaration of Independence (adopted on July 4, 1776)

DECLARATION OF INDEPENDENCE (1776)

WRITTEN BY THOMAS JEFFERSON

PHILOSOPHICAL JUSTIFICATION

LIST OF GRIEVANCES

ACTION TO BE TAKEN

CH 2 SUM

1-PHILOSOPHY 2-GRIEVANCES 3-ACTION

The American Revolution

• It was a “Conservative” Revolution• Restored rights colonists felt they had lost• Not a major change of government

• Winning Independence• Revolutionary War 1776-1783

• US wins (Thanks to France, Russia. & others)

WRITTEN IN 1777, RATIFIED IN 1781

“FIRM LEAGUE OF FRIENDSHIP”

SINGLE-CHAMBER CONGRESS

NO EXECUTIVE

NO NATIONAL COURTS

CH 2 SUM

• Day 1 goal

The Articles of Confederation

• First document to govern United States

• Government power rested in the states

• Confederate Government was weak

WEAKNESSES OFTHE ARTICLES OF CONFEDERATION

NO POWER TO TAXNO REGULATION OF COMMERCEEACH STATE INDEPENDENTONE VOTE PER STATE9 / 13 REQUIRED TO PASS LAWSSTATE MILITIA BASED MILITARYNO JUDICIAL SYSTEMUNANIMOUS AMENDMENT PROCESS

THE CRITICAL PERIOD

NAT. GOV’T TOO WEAK

ECONOMY WAS STAGNATE

SHAY’S REBELLION

U.S. BEGAN TO DISSOLVE

Changes in the States

• Liberalized voting laws

• Expanding economic middle class

• Ideas of equality accepted

• Concept of ‘democracy’ spread

The Miracle at Philadelphia

• Members of the Constitutional Convention

• 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

•Declaration of Independence•56 signers•38 English•18 were non-English•8 were not born in the colonies

JAMES MADISON

“FATHEROF THECONSTITUTION”ANDFOURTHU.S. PRESIDENT

Origins of the Constitution

• The English Heritage: The Power of Ideas

• Natural rights

• Consent of the governed

• Limited Government

The Philadelphia Convention

• Constitution reflected certain beliefs

• Self interest is Human Nature

• Political conflict lead to factions

• The objectives of government, includes preservation of property and community

• Nature of Government was to rule

Basic Ideas of the Constitution

Separation of powers between three branches.

Checks and balances provide oversight.

Government takes the form of a federal system.

National Powers & State Powers

Montesquieu: The Spirit of Laws

•LIMITED GOVERNMENT•DIVIDED POWERS

•LEGISLATIVE BRANCH•EXECUTIVE BRANCH•JUDICIAL BRANNCH

GEORGEWASHINGTON

PRESIDINGOFFICEROF THECONSTITUTIONALCONVENTIONAND FIRSTU.S. PRESIDENT

NEW JERSEY REPRESENTATIVE TO THE CONSTITUTIONAL CONVENTION

The Compromises in Philadelphia

• Representation of the States•New Jersey Plan—equal representation•Virginia Plan —population-based

•Connecticut Compromise

• Slavery•Left up to each state•Three-fifths compromise•Slave Trade compromise

CONSTITUTION CREATED ‘FEDERALISM’

CONSTITUTION CREATED A REPUBLICNOT A ‘DEMOCRACY’

THEIR OWN SELF INTEREST ?CHARLES BEARD

STATE ECONOMIC CONCERNS ?MORE RECENT RESEARCH

PRACTICAL POLITICS ? (ROCHE)HAD TO GET STATES’

APPROVAL

BATTLE FOR RATIFICATION (1787-1790)

FEDERALISTSHAMILTON / MADISON / JAYWANTED RATIFICATION

ANTI-FEDERALISTS JEFFERSONAGAINST RATIFICATION

CH 2 SUM

Ratifying the Constitution

• Federalist Papers•85 articles for ratification

•Hamilton, Jay, Madison

• Bill of Rights promised•Focus on basic liberties•Eventually the first 10 amendments

The Constituition & Individual Rights

• Protected writ of habeas corpus

• No bills of attainder

• No ex post facto laws

• No religious qualifications for office

NO BILL OF RIGHTS (WHICH LISTS IND. RIGHTS)

LIMITED MANY PEOPLEBLACKS (SLAVERY)WOMEN (NO VOTE)NAT. AMERICANS (NO CIT.)

So a Bill of Rights was added

Article I: Legislative Branch

Bicameral, Senate and House.

Section 8 lists enumerated powers.

Final clause is necessary and proper clause.

This is the basis for Congress’ implied powers.

Article II: Executive Branch

President with a four-year term.

Qualifications for and removal from office.

Lists powers of the office.

Commander in chief, treaties, appointments.

Article III: Judicial Branch

Establishes only a Supreme Court.

Sets boundaries of Supreme Court’s jurisdiction.

Gives Congress power to establish lower courts.

Articles IV

INTERSTATE RELATIONS

Article IV includes full faith

and credit clause.

Article IV includes provisions

about new states.

Articles V

AMENDMENT

PROCESS

The Importance of Flexibility

•It does not prescribe every detail

•The Constitution changes according to needs

Constitutional Change

• Formal Constitutional Change• Amendment process

• Informal Constitutional Change• Judicial Interpretation

•Marbury v. Madison (1803)• Judicial review

• Legislative desires

Articles VI

The supremacy clause.

Articles VII

Article VII contains

provisions for ratification.

U.S CONSTITUTION BASED ON THE MADISON MODEL

• Goal to stop ‘tyranny of the majority’

• Representative Democracy

• Limiting Majority Control

• Separating Powers

• Creating Checks and Balances

• Establishing a Federal System

The Madisonian Model

Understanding the Constitution

• The Constitution and Democracy• Gradual democratization of the Constitution

• The Constitution & the Scope of Government

• Multiple access points for citizens

• Encourages stalemate

• Limits government

Summary

• The Constitution strengthen national government powers through compromise.

• Protection of individual rights increased through the Bill of Rights.

• Formal and informal changes continue to shape our Madisonian system of government.

AP CHAPTER 2 - OBJECTIVESTHE CONSTITUTION

1-EXPLAIN THE NOTION OF “HIGHER LAW” BY WHICH THE COLONISTS FELT THEY WERE ENTITLED TO CERTAIN “NATURAL RIGHTS”. ALSO LIST THOSE RIGHTS.

2-COMPARE THE BASIS ON WHICH THE COLONISTS FELT A GOVERNMENT COULD BE LEGITIMATE WITH THE BASIS OF LEGITIMACY THEN ASSUMED BY MONARCHIES.

3-LIST AND DESCRIBE THE SHORTCOMING OF THE ARTICLES OF CONFEDERATION.

4-COMPARE AND CONTRAST THE VIRGINIA AND NEW JERSEY PLAN, AND SHOW HOW THEY LED TO THE “GREAT COMPROMISE”, AKA CONNECTICUT COMPROMISE.

5-EXPLAIN WHY SEPARATION OF POWERS AND FEDERALISM BECAME KEY PARTS OF THE CONSTITUTION.

6-EXPLAIN WHY A BILL OF RIGHTS WAS NOT INITIALLY INCLUDED IN THE CONSTITUTION AND WHY IT WAS ADDED.

7-LIST AND EXPLAIN THE TWO MAJOR TYPES OF CONSTITUTIONAL REFORM ADVOCATED TODAY, ALONG WITH SPECIFIC REFORM MEASURES.

AP CHAPTER 2 - OBJECTIVESTHE CONSTITUTION

AP CHAPTER 2 = IMPORTANT TERMS

ARTICLES OF CONFEDERATIONCHARLES A. BEARDCONSTITUTIONCONSTITUTIONAL CONVENTIONDECLARATION OF INDEPENDENCEFEDERALISMFEDERALIST PAPERSGREAT COMPROMISE

JOHN LOCKEJAMES MADISONNATURAL RIGHTSNEW JERSEY PLANSEPARATION OF POWERSSHAY’S REBELLIONVIRGINIA PLAN

AP CHAPTER 2 = IMPORTANT TERMS

AP CHAPTER 2 - IMPORTANT TERMS

AMENDMENT (CONSTITUTIONAL)ANTIFEDERALISTSBILL OF ATTAINDERBILL OF RIGHTSCHECKS AND BALANCESCOALITIONCONFEDERATION

EX POST FACTO LAWFACTIONJUDICIAL REVIEWLINE-ITEM VETOMADISONIAN VIEW OF HUMAN

NATUREREPUBLICUNALIENABLE RIGHTSWRIT OF HABEAS CORPUS

AP CHAPTER 2 - IMPORTANT TERMS

AP CHAPTER 2 = QUESTIONS

1-WHY, IF ONE IS CONCERNED WITH PROTECTING HUMAN LIBERTY, WOULD ONE WANT TO MAKE THE LEGISLATIVE BRANCH OF GOVERNMENT DOMINATE, RATHER THAN THE EXECUTIVE OR JUDICIARY?

2-WHAT FEATURES OF THE CONSTITUTION MAKE IT DIFFICULT FOR GOVERNMENT TO ACHIEVE ANYTHING? WHY WERE THEY INCLUDED?

AP CHAPTER 2 = QUESTIONS

3-THE FRAGMENTATION OF POWER UNDER THE CONSTITUTION (SEPARATION OF POWERS) MAKES THE ENACTMENT OF PUBLIC POLICY A SLOW PROCESS. CAN THE UNITED STATES THRIVE , INDEED SURVIVE, IN A FAST PACED, MODERN NUCLEAR AGE WHEN THE GOVERNMENT CANNOT RESPOND QUICKLY?

4-HOW DID THE ORIGINAL CONCEPT OF THE ELECTORAL COLLEGE REFLECT THE FOUNDERS’ DISTRUST OF DEMOCRACY? WHAT OTHER CONSTITUTIONAL FEATURES LIMITED THE ROLE OF POPULAR MAJORITIES?

AP CHAPTER 2 = QUESTIONS

5-EXPLAIN WHAT JEFFERSON MEANT WHEN HE SAID THE TREE OF LIBERTY MUST BE REFRESHED FROM TIME TO TIME WITH THE BLOOD OF PATRIOTS AND TYRANTS?”