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Chapter 2

Chapter 2. The Constitution. Colonial Experience. J amestown – first permanent English colony (1607) precedent for representative assembly Plymouth – Mayflower Compact (1620) precedent for social contract consent of governed adult males created, submitted to authority of government.

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Chapter 2

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  1. Chapter 2 The Constitution

  2. Colonial Experience • Jamestown – first permanent English colony (1607) • precedent for representative assembly • Plymouth – Mayflower Compact (1620) precedent for social contract • consent of governed • adult males created, submitted to authority of government

  3. Selected Milestones • Stamp Act (1765) • First Continental Congress (1774) • Second Continental Congress (1775) • Revolutionary War (1775-1781) • Declaration of Independence (1776) • Articles of Confederation drafted (1777) • Shays’ Rebellion (1786) • Constitutional Convention (1787) • U.S. Constitution (1788) • Bill of Rights (1791)

  4. Reading Exercise • Consult the Declaration of Independence(pages 359-360) • What does Jefferson mean by unalienable Rights? What are they? • What is the purpose of government? • What is the basis of government’s legitimacy/authority? • Under what conditions is Revolution justifiable?

  5. Key Ideas in Declaration • Natural Rights – individuals hold certain rights because they are human; governments cannot take away these “unalienable” (inalienable, can’t be transferred) rights; given to us by God • Locke -- “life, liberty, and property” • Jefferson -- “Life, Liberty, and the Pursuit of Happiness” • Social contract – general agreement between people and government; people agree to give up some liberties so remainder are protected • Popular sovereignty/government by consent – all legitimate authority flows from consent of people • Right/Duty to revolt (Revolution) • Adopted by 2nd Continental Congress (July 4, 1776)

  6. Discussion Question • Why did Jefferson write, “…pursuit of happiness” rather than “property”? • Let’s assume he wasn’t trying to cover up plagiarism; Locke was widely read at the time, at least among the elite • What has been the effect of this phrase, “pursuit of happiness” on American politics?

  7. Articles of Confederation • Drafted by 2nd Continental Congress (1777) • Article II guaranteed each state would retain sovereignty • Structure of government under Articles • Power flowed from the states to the Congress of the Confederation • Shays’ Rebellion (1786), although suppressed, illustrated the Confederation’s weaknesses, its inability to maintain order and provide security

  8. Constitutional Convention (1787) • Initially aimed at revising the Articles, but became much more… • 55 delegates • Secret proceedings • Monarchist nationalists • Democratic nationalists • Delegates opposed to any national government

  9. Compromises in Drafting the Constitution • Great Compromise– resulted in a bicameral legislature, with one house based on equal representation (Senate), the other on population (House) • Three-Fifths Compromise– resulted in slaves being counted as “3/5” of a person for the purpose of determining population for representation in the House of Representatives

  10. Discussion • Were the Great and 3/5’s Compromises necessary and appropriate? • Congress outlawed the slave trade in 1808 (importation of slaves, not slavery; Article 1, Section 9) • What might have happened if the Constitution had not been ratified?

  11. Constitution’s Key Characteristics • Popular Sovereignty • Refer to Preamble, page 373 • Republican/Representative democracy • Limited government • Separation of Powers and Checks and Balances • Dividing governmental powers between legislature (makes laws), judicial (interprets laws), and executive (administers laws) • Providing checks on abuse of power • Federalism

  12. Separation of Powers

  13. Figure 2-1: Checks and Balances, 32

  14. Ratification • Federalists argued in favor of ratification; supported strong central government • Federalist Papers, Appendix C, pp. 391-396 • No. 10: argument for representative democracy vs. direct democracy • No. 51: Separation of Powers, Checks and Balances, and Federalism • Anti-Federalists opposed strong central government • Helped by promise of amendments protecting individual rights –Bill of Rights (1791)

  15. The Bill of Rights (1791) • First 10 amendments to the Constitution • Designed to protect individuals from a too powerful national government • Limited federal encroachments but not state violations until 14th amendment

  16. Figure 2-2: Formal Constitutional Amending Procedure, 37

  17. Why Such a Difficult Amendment Process? • Two-step process: Proposal and Ratification • > 11,000 amendments considered by Congress • 33 submitted to states; only 27 ratified • Fear of tyranny of the majority • Oppression of groups or individuals

  18. Modes of Constitutional Change • Formal amendment process • Congressional legislation • Presidential actions • Judicial review • Interpretation, custom, usage

  19. Discussion • What are the strengths and weaknesses of: • separation of powers? • checks and balances? • a difficult amendment process?

  20. Hot Links to Selected Internet Resources: • Book’s Companion Site: http://politicalscience.wadsworth.com/schmidtbrief2004 • Wadsworth’s Political Science Site: http://politicalscience.wadsworth.com • Emory University, School of Law, Constitution of the United States: http://www.law.emory.edu/erd/docs/usconst.html • National Constitution Center: http://www.constitutioncenter.org • Web Guide to the Constitution of the United States: http://tcnbp.tripod.com/webguid.htm

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