Constitution

1. 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.

2. Origins of the Constitution • The Road to Revolution • Colonists faced tax increases after the French and Indian War. • Colonists lacked direct representation in British parliament. • 1773 Boston Tea Party: Symbolic Act of Civil Disobedience • Colonial leaders formed the Continental Congress in response to Coercive Acts by British Crown in 1774

3. Origins of the Constitution • European Claims in North America (Figure 2.1)

4. 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.

5. 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

6. Social Contract Theory People are free and equal by natural right and people have to give their consent to be governed Political theorists in this tradition: A. Locke B. Hobbes C. Rousseau

7. Origins of the Constitution

8. Origins of the Constitution • Winning Independence • In the American Revolutionary War (1775-1783)American colonies prevailed in their war against England. • The “Conservative” Revolution • Restored rights the colonists felt they had lost • No great social, economic, or political upheavals

9. 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.

10. First U.S. Constitution: Articles of Confederation Unicameral Congress Congress can conduct foreign policy on behalf of all states (symbolic power) Authority (sovereignty) rested with states State equality No national executive No judicial or taxation power Inability to regulate commerce among states

11. 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.

12. The Government that Failed

13. 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 of 1786 • 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 • Weakness of Articles of Confederation was further highlighted; impelled Constitutional Convention

14. Making a Constitution:The Philadelphia Convention of 1787 • Gentlemen in Philadelphia • 55 men from 12 of the 13 states • Mostly wealthy planters & merchants • Most were college graduates with some political experience • Many were coastal residents from the larger cities, not the rural areas

15. The Philadelphia Convention, continued • 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

16. 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

17. The Agenda in Philadelphia

18. 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

19. The Agenda in Philadelphia

20. 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

21. 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

22. The Madisonian Model • The Constitution and the Electoral Process: The Original Plan

23. The Madisonian Model

24. The Madisonian Model • The Constitutional Republic • Republic: A form of government in which the people select representatives to govern them and make laws with limits on majority rule • 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.

25. Ratifying the Constitution

26. 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

27. Ratifying the Constitution

28. 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.

29. Constitutional Change

30. Constitutional Change • The Informal Process of Constitutional Change • Judicial Interpretation • Marbury v. Madison (1803): judicial review • Changing Political Practice • Technology • Increasing Demands on Policymakers

31. 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.

32. 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.

33. 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.