1. The Origins of the Constitution - whsjantoon.weebly.comwhsjantoon.weebly.com/uploads/5/7/6/8/57682575/chapter_2... · •Write a new constitution •Majority vs. Minority issues

1. The Origins of the Constitution

2. The Government That Failed: 1776–1787

3. Making a Constitution: The Philadelphia Convention

4. Critical Issues at the Convention

5. The Madisonian System

6. Ratifying the Constitution

7. Changing the Constitution

8. Understanding the Constitution

Summary

•Life was good in the colonies (Slaves excepted, of course)

•Self-governing (Sovereign?)•Freedoms from British oppression (religion?)

• Irritants• New taxes to finance French & Indian War

• Enforcement of trade regulations

• No representation in Parliament• Consent of the

governed?

• Protests & boycotts• First Continental Congress – Sept. 1774

•Reconciliation or revolution?

•Thomas Paine's Common Sense•Fanned, incited, inspired revolutionary sentiments

•Author?•Thomas Jefferson

•Co-author?•John Locke

•Document RATIONALLY outlined our grievances & justified revolution

24 ½ inches wide & 29 ¾ high

•John Locke•Natural rights•Life, liberty, property•Purpose of government is to protect•Consent of the governed•Limited government•Right to overthrow

• Individualism• Rule by the people• New ideas incubated in a unique environment

• Winning independence not easy• Revolutionaries needed foreign assistance (F)

• A conservative revolution?• Not a major change, just securing rights

•State-dominated government• League of friendship amongst states

•Unicameral legislature•No judiciary•No executive (no president)•No power to tax•No power to regulate commerce

•Feared strong central government

• Increases in liberty, democracy…• If you were a white male

•New middle class• Artisans• Farmers

•Elite power felt threatened

• Legislatures held governmental power• Controlled governors

FIGURE 2.2 Power shift: Economic status of state legislators

before & after the Revolutionary War

•Postwar economic depression

•Shays' Rebellion (1786)• Farmers attack courthouses to prevent foreclosures

• Neither national nor state govt. could respond• Elites privately put down rebellion

Scribner’s Popular History of the US, 1897

LESSON?Need for STRONG NATIONAL GOV

TO PROTECT PROPERTY AND

MAINTAIN ORDER (via standing

army)

•#1 goal • Revise the AoC

• Not enough state reps showed• Factions developed

• Different plans for Congress• Wouldn’t agree on BoR

• Shays’ Rebellion interrupted• Annapolis meetingConstitutional Convention

“To Revise the AoC OR Not to Revise”

• Who attended CC?• 55 delegates from 12 states• Wealthy planters, lawyers,

merchants

• Goal of this convention• Write a new constitution

• Majority vs. Minority issues• High principles versus self-interest• Human nature• Political conflict• Purpose of government• Nature of government

•The Equality Issue

•The Economic Issues

•The Individual Rights Issues

Equal Representation in Senate / House proportionate to

population

C. stopped import of slavery (1808) but silent on issue of slavery

3/5 of slaves for representation in house

Finessed issue. Let states decide qualifications for voting

• Interstate tariffs (taxes)• Worthless paper money

• Loan issues associated w/ $$

• Congress could not raise revenue b/c of recession

• Congress given economic power?• Limit economic interference of states

• New government must repay debts of $54 million (1.6 billion today)

• Preserving individual rights a priority

• Personal freedoms in the Constitution• Suspension of habeas corpus

prohibited (present the body)• Bills of attainder prohibited (no trial)• Ex post facto ("after the facts”) laws

prohibited• Religious qualifications for office

prohibited• Strict rules for what constitutes

treason• Right to trial by jury (criminal)

• Thwarting Tyranny of Majority• Limiting majority control

• Separation of powers• Checks & balances

• Constitutional Republic• End of the Beginning

17th Amendment

1913

Thwarting Majority Place as much of Gov. as possible beyond direct control of majority

•Creating a republic• Direct democracy not feasible

• Representative democracy

•Separating powers & checks & balances make change slow

• Is policymaking inefficient? • Franklin voiced

George Mobley/United States Capitol Historical Society

Sept. 17th, 1787

But was it ratified yet?

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Shay’s Rebellion

1776 1781 1791178917871786 1788

New Jersey Plan Virginia

•Connecticut plan•Bicameral (VP)•Upper house (Senate) receives equal votes (2) from each state (NJP)•Lower House (House of Representatives) representation based on population (VP)

Connecticut

•Ratification process• Federalists v. Anti-Federalists

• Intense debate to see how the country should be run

•Federalists• Supported Constitution

• Bigger, Strong central gov• Federalist Papers

• Alexander Hamilton, James Madison, John Jay

•Anti-Federalists• Opposed Constitution

• Smaller weaker central gov• No protection for civil liberties• States' power would weaken

•Founding Fathers’ warning to future generations…•Avoid factions•Political parties •Interest groups

IS“Judicial Review”

The SC INTERPRETS constitutional or unconstitutional

•Formal Amending Process

•Informal Process

•Importance of Flexibility

•Process of formally altering or adding to a document or record. •Article V describes process

•Founders believed that the Constitution should be flexible enough to adapt to changing times.

•Constitution meant to be flexible•Many decisions left up to Congress

•Flexibility key to survival•World's oldest Constitution

•Elastic clause• Necessary and Proper

• EXAMPLE?

Article 1, Sect 8 Clause 18

The Congress shall have power

…To make all laws which shall be

necessary & proper for carrying into

execution the foregoing powers, & all

other powers vested by this

Constitution in the government of the

United States, or in any department

or officer thereof.

necessary & proper

•7,000+ proposed only 27 passed•FF’s made process difficult •Establishing stability & security thru a respect for rule of law

Video

Link

•Most changes informal• Basic legislation

• Help America Vote Act of October 29, 2002

• Actions of the president• Climate Change

• Decisions by supreme court • Same sex marriage• Marbury v Madison

•The Constitution & Democracy•The Constitution & the Scope of Government

2.8

•Original Constitution created a republic, not a democracy•Framers thought elites should govern•Representative democracy allowed Constitution to become more democratic

•From elitism to pluralism•Voting qualifications left up to states•5 amendments have expanded electorate•More officials chosen by popular election

2.8

•Constitution designed to limit government & protect liberties•Broad participation possible

•Effects of separation of powers•All groups can be heard•Encourages stalemate

•Effects of checks & balances•Gridlock or ineffective policy

2.8