O Connor and Sabato, Chapter 2: The Constitution

1. O�Connor and Sabato, Chapter 2: The Constitution Presentation 2.3:Ratification & the Amendment Process

2. Key Topics The Drive for Ratification Federalists vs. Anti-Federalists Formal Methods of Amending the Constitution The Amendment Process Informal Methods of Amending the Constitution Judicial Interpretation Social, Cultural, and Legal Change Point/Counterpoint, Global Politics, and Continuity & Change Sections

3. The Drive for Ratification Framers set up a ratification process designed to bypass the state legislatures Anticipated states would view the new government as an attempt to usurp state sovereignty 2nd Continental Congress accepted the work of the convention & forwarded it to the states for vote by special conventions

4. 1i) Two Important States NY & VA were of particular importance NY & VA contained a significant percentage of the total population of the colonies If any one of these states had rejected ratification, the Constitution would likely have been doomed from the start

5. 1a) Federalists vs. Anti-Federalists Ratification advocates began calling themselves �federalists� Did not want to be labeled �nationalists� Labeled their opponents �anti-federalists� Vigorous debate took place in public meetings & through the newspapers

6. 1ai) Federalists Anti-Federalists Property owners, landed wealthy, merchants from the NE & Mid-Atlantic states Elitist: believed that some people were naturally superior & should run things Advocated a powerful central govt. Pro-British & Anti-French in foreign policy Small farmers, shopkeepers & laborers from the western parts of states Small �D� democrats: believed in every �man�s� right to vote Advocated strong states Anti-British & Pro-French in foreign policy

7. 1b) The Federalist Papers Essays published in NY newspapers by three prominent federalists to advocate for ratification 85 essays published under the pen-name of Publius (Latin for �the people�). Alexander Hamilton was the primary figure, James Madison wrote many of the most important essays, and John Jay contributed a few early essays

8. Framer Profile: James Madison Architect of the Virginia Plan Delegate to both the Constitutional and VA Ratification Conventions Recruited by Alexander Hamilton to help write The Federalist Papers to be published in NY newspapers Wrote many of the most influential essays

9. Framer Profile:Alexander Hamilton Played a crucial role in securing ratification in NY Would later serve as Washington�s Secretary of Treasury Killed in a duel by Aaron Burr, who was Jefferson�s 1st Vice President

10. 1bi) The Anti-Federalists� Fears The anti-federalists worried that a strong central govt. would weaken the state�s sovereignty National govt. would tax too greatly, & a strong president would become �monarchical� Feared that a national govt. would violate the liberties of citizens Madison�s answer in Federalist #10 & 51

11. 1bi) Federalist #10 Madison responded to anti-federalist�s fear by arguing that republican government�s chief virtue lay in its ability to �break and control the violence of faction� A republic is preferable to a democracy on those grounds Democracies are vulnerable to �majoritarian tendencies and passions� Republics protect minorities through the system of separation of powers & the system of checks and balances

12. 1bii) Ratification In several states the vote was quite close In other states (especially PN) the federalists �played hardball� & undermined their credibility In the end, 11 states voluntarily ratified the Constitution Two states (NC and RI) ratified under duress & threat of economic sanctions

13. 1bi) How the Colonies VotedInformation drawn from multiple sources, including Catherine Drinker Bowen�s Miracle at Philadelphia, Collier & Collier�s Decision at Philadelphia, and Collier�s Encyclopedia

14. 2) Formal Methods of Amending the Constitution Upon ratification, elections created the first government under the Constitution Congress� first acts were to propose a set of amendments to the states Those that passed would become known as the Bill of Rights

15. 2i) The Bill of Rights

16. 2a) The Amendment Process Article V creates a two-stage process Proposal Ratification Each stage can be completed in two ways

17. 2ai) Methods for Amending the Constitution Proposal By two-thirds vote in both house of Congress OR By national constitutional convention called by Congress at the request of 2/3rds of the state legislatures (this method has never been used) Ratification By legislatures in 3/4ths of the states By conventions in 3/4ths of the states (only employed once, for the 21st Amendment [repeal of the 18th Amendment�s prohibition of the manufacture and sale of alcoholic beverages])

18. 3) Informal Methods of Amending the Constitution The malleability of the Constitution The Constitution was intended to be flexible Framers wanted to create a system of government that demanded deliberation, thought, and compromise The formal amendment process is slow and difficult However, the Constitution�s meaning can be altered by informal means as well

19. 3a) Judicial Interpretation The existence of judicial review gives the Supreme Court and the federal judiciary important influence over the meaning of the Constitution The nine members of the Supreme Court have final say over the meaning of the Constitution and its amendments The SC can expand or contract the constitutional rights of U.S. citizens

20. 3ai) Woodrow Wilson� The only political scientist to be elected president The Supreme Court �is a constitutional convention in continuous session�

21. 3aii) Criticism of Judicial Review Some democratic theorists view judicial review as undemocratic or even as anti-democratic The history of the Supreme Court as an uncritical supporter of the status quo (Dred Scott v. Sandford) Giving so much power to nine unelected persons negates the force of �We the People�, according to critics like Mark Tushnet

22. 3b) Social, Cultural, and Legal Change The framers could not have foreseen the cultural and societal changes that have taken place over 200 years The Constitution has been modified over time to account for societal and cultural changes Social upheaval as an important source of institutional changes (e.g. The Great Depression)

23. 3bi) The Role of Technology in Constitutional Change Wiretapping and infrared imaging give the police greater powers of search and seizure How will it affect the �due process� rights of the accused? Genetic testing and cloning offer great promise (and potential danger) How will privacy be defined in the future?

24. 3bii) Technology & Constitutional Change The radical implications of the Internet What kinds of information can (should) be disseminated through the Internet? Congressional attempts to regulate and ban certain kinds of information e.g. child pornography sites Anti-abortion sites listing home addresses of doctors that perform abortions

25. 3c) Analyzing VisualsWhy Did the Framers Write the Constitution They Did? Gary Trudeau�s cartoon on p. 60 What are the two �framers� arguing about? What was the cartoonist�s purpose? Exaggeration, irony, or juxtaposition? Does the cartoon achieve its desired effect?

26. 3d) Global PoliticsComparing Constitutions Americans have lived under one Constitution for a very long time Some nations (Great Britain) have never clearly articulated the basis of their government Others (France) have repeatedly tinkered with their constitutions

27. 3di) Constitutions in Selected Countries

28. 3e) Continuity and Change:Counting Americans The U.S. Constitution demands that each state�s population be counted every ten years The process used to be unsophisticated Even today, the process is controlled by the level of funding When the Census Bureau runs out of money, they have to stop That leaves millions of Americans uncounted Evolution from hand tabulation to punch-card tabulation to statistical sampling

29. 3ei) Counting Americans(vs. Americans that Count!) Democrats support the use of statistical sampling to more accurately estimate the population Many uncounted citizens are likely to be poor Republicans argue that sampling is not scientific The political consequences of the Census