CH 2: The Constitution

1. Ms. Bittman’s AP Government and Politics CH 2: The Constitution

2. The American Revolution • Conservative mvmt. • Restored rights that colonists felt they lost. • Influences behind the AR • Theoretically based • US is an experiment • Enlightenment ideals. Life, liberty, pursuit of property • Natural rights • Unalienable • Based on nature.

3. Thomas Hobbes • State of nature • Life is brutish, nasty, and short. • War of all against all. • Social Contract • Need for government to “contain the natural self interest of people“ “There are two passions which have a powerful influence on the affairs of men: the love of power and the love of money.” Hamilton

4. John Locke • State of nature • Gov protects people. • Natural rights are in ppl, not given by gov. • Life. Liberty, and property. • Letters Concerning Tolerance: 3 Reasons for religious tolerance • The State and human beings cannot evaluate the truth-claims of competing religions • Even if they could know the truth, belief could not be compelled by violence • Coercing religions -> more social disorder than diversity

6. Jean-Jaques Rousseau • Humans are not evil just because they do not know morals • Society/ civilization is artificial, therefore it creates inequality, envy, unnatural desires. • Society changes positive self-love to pride. • But… social contract allows men to move from feeling to reason

7. The Spirit of the Laws: Categorized Gov. • 2 types of gov. power. • (1) Sovereign • (2) Administrative • Created • Separation of Powers System • Checks and Balances System Charles de Secondat, baron de Montesquieu

8. Why the need for a Constitution?

9. 1. Why the Articles sucked • Four years to put into effect (1777-1781) • 1 vote/state • 9/13 to ratify laws • Delegates selected by state legislatures • All 13 to amend • No courts • Congress had few powers other than army and navy • No taxes, regulation of commerce, cant compel citizens to do anything.

10. 2. States they were a’changin • Increase in democracy • Bill of rights in state constit., abolished religious qualifications for office, less requirements for voting. • New middle-class of farmers • Overshadowed the rich. • Legislators became more powerful than governors. • Governors were chosen by legis., brief tenures, limited veto.

11. 3. It’s the economy stupid. • Post war depression • State legislators sympathetic to debtors. • States printed their own money

12. 4. Politics • Factions • Lots and lots of factions • Good government is balanced government.

13. Pennsylvania Governmental System • Too much power in too few hands. • Unicameral • 1 year terms, 4 term maximum • Disenfranchised Quakers • Conscientious objectors persecuted • Ignored trial by juries.

14. Poor Massachusetts • Separation of power. • Voters had to own property • Officeholders=Christians • Shay’s Rebellion: • Small band of farmers rebelled after debtors took their land. • Series of attacks on courthouses to prevent foreclosure. • Economic elite  ppl were taking law into their own hands.

15. The First Attempt • That aborted Annapolis Meeting • Tried to change the A of C. • 5 states. 12 ppl. • Called for another meeting May 1787.

16. Making a Constitution: The Philadelphia Convention

17. Scene at the Signing of the Constitution of the United States, by Howard Chandler Christy.

18. Who? • 55 men from 12 of the 13 states • Mostly wealthy planters and merchants • Most college grads with some political experience. • Many were from cities, not rural areas. • Average age of 30

19. Plan #1: Virginia (is for Lovers) • Strong central government. Madison. • 3 branches • Bicameral legislature • Elected by the ppl • Appointed by the 1st. • Executive and Judiciary chosen by legislature. • Council of Revision (exec and judges) can veto which could not be overridden.

21. New Jersey Plan • Amended, not cancelled, the Articles • One vote/state • Lower house elected by state legislatures • Each state gets the same number of seats.

23. Great Compromise • AKA Connecticut Compromise • Bicameral Legislature • House of Representatives, 65 elected by people. Based on population of the state. • Senate: 2/state, chosen by state legislatures • More power goes to people who live in smaller states.

24. Three Issues and their Solutions Equality of the state: Should state be represented equally (NJ) or proportionally (VA)? Both. House= population. Senate= 2/State

25. Slavery What should be done about slavery? How should slaves be counted in state populations? Political Equality Should the right to vote be universal suffrage, or should it be restricted? Although it stops imports after 1808, Constitution is silent 3/5ths a person. Let the states decide.

26. New stuff in the Constitution

27. Judicial Review • Supreme Court can declare laws unconstitutional • Executive orders too.

28. Amendment Process

29. Informal Methods of Amending Constitution • Judicial review • Political practice • Introduction of parties, electoral college • Technology • Mass media • Bureaucracy (e.g. social security) • Atomic weapons and terrorism increased presidential power.

30. Federalism • Political authority divided b/t national, state, local governments. • Some are shared (public safety) • Some are reserved (national defense and education).

31. Federalist vs. Anti-Federalists • Anti-Federalists (state’s righters) • Only small republics work • Loose confederation of state • Increased the size of the H of R. • Decrease Congress’ power to tax • No BILL OF RIGHTS! • Federalist • Limiting majority control: Only house is elected by the people. Life for judges, electoral college. 6 year term for Senators • Separating powers, shared not absolute

32. Federalist Papers, published 1787-1788. • 85 Articles • Published in all colonies, started in NY. Signed Publis

33. Alexander Hamilton James Madison

34. Alexander Hamilton (51 articles: nos. 1, 6–9, 11–13, 15–17, 21–36, 59–61, and 65–85) • Fed. No. 84: No need for Bill of Rights, b/c provisions protecting liberty = bill of rights. • James Madison (29 articles: nos. 10, 14, 37–58 and 62–63) • Fed. No. 10: Preventing rule by majority faction. • Fed. No. 51: Checks and Balances. • “government is the greatest of all reflections on human nature”. • John Jay (5 articles: 2–5 and 64). • Got sick

35. Why no Bill of Rights? • Liberty wasn’t a priority • Most states had a B of R. • Guarantees already in constitution. • See following….

36. 1. Habeas Corpus • Accused must be brought in front of a judge and sufficient cause must be show for him/her to be held. • Suspended under Lincoln during CW.

37. 2. No Bill of Attainder • Person cannot be declared guilty without trial. • Cannot be “tainted”

38. 3. No Ex Post Facto Laws! • After the fact, • Makes a legal act illegal, • Heightens penalty • Changes rules of evidence.

39. 4. Trial by Jury • Judged by your peers.

40. 5. Equal Privileges • Same rights to all citizens of all states.

41. 6. No religious tests for federal offices

42. 7. Laws can’t interfere with contracts

43. Need for a Bill of Rights • Federal government must be restricted

44. Economic Motives for Constitution

45. Charles Beard • An Economic Interpretation of the Constitution • Wealthy urban and commercial class ppl wanted the new Constitution because they held IOUs that were not being paid.

46. Beard Challenged • Challenges • Individual interest did not influence them except for slavery • Economic interests of the states, however did. • Particularity at the conventions • For: Merchants lived in cities, owned large amounts of W. land, held gov IOUs, or did not own slaves. • Against: Farmers, those who did not own public debt, or slave owners

47. The Madisonian Model • The Constitutional Republic • People-> representatives-> govern/laws • Favors the status quo- changes are slow. • The End of the Beginning • Document approved at the convention, now… ratification.