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Ch. 2 The Constitution

Ch. 2 The Constitution. Overview. Origins of the Constitution The Government that Failed Making a Constitution Critical Issues at the Convention The Madisonian System Ratifying the Constitution Understanding the Constitution. The Road to Revolution.

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Ch. 2 The Constitution

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  1. Ch. 2 The Constitution

  2. Overview • Origins of the Constitution • The Government that Failed • Making a Constitution • Critical Issues at the Convention • The Madisonian System • Ratifying the Constitution • Understanding the Constitution

  3. The Road to Revolution • Colonists faced tax increases after the French and Indian War • Colonists lacked direct representation in parliament • Colonial leaders formed the Continental Congress address the abuses of the English Crown

  4. Declaring Independence • In May and June 1776 the Continental Congress debated resolutions for independence • The declaration of Independence which listed colonists grievances against the British was adopted July 4, 1776 • Politically, the declaration was polemic, announcing the justification of the revolution

  5. The English Heritage • Natural Rights- Rights inherent in humans beings not dependent on government • Consent of the Governed- The government derives its authority by sanction of the people • Limited Government- Put certain restrictions on government to protect natural rights

  6. The American Creed • Sanctity of property was one of the few ideas absents in Jefferson’s draft of the Declaration of Independence • Jefferson altered Locke’s Life, Liberty, and the pursuit of Happiness

  7. Winning independence • In 1783 the American Colonies prevailed in their war against England • The “conservative revolution” • Restored rights to the colonists felt they had lost • Not a major change in lifestyle

  8. The Articles of Confederation • The first document to govern the united states • It created a confederation among 13 states and former colonies • Congress had few powers (ie could not tax) there was no president or court system • All government power rested in the states

  9. Changes in States • Voting laws increased political power among a new middle class • Middle-class farmers and craft workers counterbalanced the power of professionals and wealthy merchants • Ideas of equality spread and democracy took hold

  10. Economic Turmoil • Postwar depression left farmers unable to pay debts • State legislatures sympathetic to farmers passed laws that favored debtors over creditors • Shay’s rebellion • In 1786 a group of farmers in western Massachusetts led by Captain Daniel Shays rebelled at losing their land to creditors • Rebellion was a series of armed attacks on courthouses to prevent judges from foreclosing on farms and spurred the bright of the Constitution

  11. The aborted Annapolis Meeting • An attempt to discuss changes to the Articles of Confederation in September 1786 • Attracted only 12 delegates from 5 states • Called for a meeting in May 1787 to further discuss changes– Constitutional Convention

  12. Gentleman in Philadelphia • 55 men form 12 of the 13 states • Mostly wealthy planters and merchants • Most were college graduates with some political experience • Many were costal residents from larges cities, not rural areas

  13. Philosophy in Action • Human Nature- People were self interested; government should check and contain natural self-interested people • Political Conflict- Wealth (property) distribution is the source of political conflict; factions arise from unequal distribution of wealth • Objects of Government- property must be protected against the tyranny of faction • Nature of Government- Secret of Government is “balanced government” because as long as no faction could seize complete control, tyranny could be avoided

  14. The Equality Issues • Equality and Representation of the States- New Jersey Plan and Virginia Plan led to the Connecticut compromise • Slavery- The question of how to count slaves solved with the 3/5 compromise • Equality in Voting- Delegates decided to leave voting qualifications to the states

  15. The Economic Issues • States had tariffs on products from other states • Paper money was basically worthless • Congress could not raise money • Key Actions were taken- Powers of Congress were strengthened and powers of states were limited • Chief Economic Policy maker- tax and borrow, protect property rights, etc.

  16. Individual Rights Issues • Prohibits suspension of writ habeas corpus • No bill of attainder • No ex post facto laws • Religious qualifications for holding office prohibited • Strict Rules of evidence for conviction of treason • Jury trial in criminal cases

  17. The Madisonian System- Thwarting the tyranny of the Majority • Limiting the Majority Control- To keep most of the government beyond control of the masses • Separation of Powers- Branches are relatively independent of the others so no single branch control the others • Creating Checks and Balances- each branch needs consent of the other for many actions • Establishing a federal system- federalism divides power between national and state government

  18. The constitutional Republic • Republic is form of government which people select representatives to govern them and make laws • Tends to favor the status quo and limit political change • The End of the Beginning- the document was approved and now it had to be ratified

  19. Federalists and Anti-Federalist • Federalists- supported the new Constitution and the Federalists paper to defend it • Anti-federalists- opposed the new constitution and believed it was an enemy of freedom • The compromise between the two groups was the Bill of Rights

  20. Ratifying the Constitution • Federalists specified that Constitution be ratified at special conventions, not simply at state legislatures • 9 states had to ratify the constitution to make it law • Delaware was the first, Dec 1787, New Hampshire was the 9th(June 1788)

  21. Formal Amending Process • Proposal- an amendment may be proposed either by 2/3 vote in each house or chamber of congress or by a national convention at the request of 2/3 of state legislatures • Ratification- an amendment may be ratified either by the legislatures of ¾ of the state or by special state conventions called in ¾ of the states

  22. Informal Process of Constitutional Change • Judicial Interpretation- Marbury v Madison established Judicial review • Changing Political Practice- How the political parties and the Electoral College practice changed the constitution • Technology- Mass Media, Atomic Weapons, computers, and electronic communication have changed the Constitution • Increasing Demands on Policy Makers- demands for more domestic and foreign policies changed the constitution

  23. The Importance of Flexibility • Created a flexible government that could adapt to the needs of the times without sacrificing personal freedom • Is a short document- 27 amendments, 7 articles, 8,000 words • Created a Republic- representative democracy based on limited government • Gradual democratization of the constitution away from elitist model and towards a more pluralist one

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