Chapter 02

Pearson Education, Inc., Longman © 2008

The ConstitutionThe Constitution

Chapter 2

Government in America: People, Politics, and PolicyThirteenth AP* Edition

Edwards/Wattenberg/Lineberry



ConstitutionConstitution

Definition– A constitution is a nation’s basic law. It creates

political institutions, assigns or divides powers in government, and often provides certain guarantees to citizens.

Sets the broad rules of the gameThe rules are not neutral; some participants

and policy options have advantages over others.


Origins of the ConstitutionOrigins of the Constitution

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 to address abuses of the English Crown.


Origins of the ConstitutionOrigins of the Constitution European Claims in North America (Figure 2.1)



Declaring Independence– In May and June 1776, the Continental

Congress debated resolutions for independence.– The Declaration of Independence, which listed

the colonists grievances against the British, is adopted on July 4, 1776.

– Politically, the Declaration was a polemic, announcing and justifying revolution.



The English Heritage: The Power of Ideas– Natural rights: rights inherent in human beings,

not dependent on government– Consent of the governed: government derives

its authority by sanction of the people– Limited Government: certain restrictions

should be placed on government to protect natural rights of citizens





Winning Independence– In 1783, the American colonies prevailed in

their war against England.

The “Conservative” Revolution– Restored rights the colonists felt they had lost– Not a major change of lifestyles


The Government That FailedThe Government That Failed

The Articles of Confederation– The first document to govern the United States,

it was adopted in 1777 and ratified in 1781.– It established a confederation, a “league of

friendship and perpetual union” among 13 states and former colonies.

– Congress had few powers; there was no president or national court system.

– All government power rested in the states.



Changes in the States– Liberalized voting laws increased political

participation and power among a new middle class.

– An expanding economic middle class of farmers and craft workers counterbalanced the power of the old elite of professionals and wealthy merchants.

– Ideas of equality spread and democracy took hold.


The Government that FailedThe Government that Failed



Economic Turmoil– Postwar depression left farmers unable to pay debts– State legislatures sympathetic to farmers and passed

laws that favored debtors over creditors Shays’ Rebellion

– Series of attacks on courthouses by a small band of farmers led by Revolutionary War Captain Daniel Shays to block foreclosure proceedings.

– Economic elite concerned about Articles’ inability to limit these violations of individual’s property rights



The Aborted Annapolis Meeting– An attempt to discuss changes to the Articles of

Confederation in September 1786– Attended by only 12 delegates from 5 states– Called for a meeting in May 1787 to further

discuss changes—the Constitutional Convention


Making a Constitution:Making a Constitution:The Philadelphia ConventionThe Philadelphia Convention

Gentlemen in Philadelphia– 55 men from 12 of the 13 states– Mostly wealthy planters & merchants– Most were college graduates with some

political experience– Many were coastal residents from the larger

cities, not the rural areas


The Philadelphia Convention, The Philadelphia Convention, continuedcontinued

Philosophy into Action– Human Nature, which is self-interested– Political Conflict, which leads to factions– Objects of Government, including the

preservation of property– Nature of Government, which sets power

against power so that no one faction rises above and overwhelms another


The Agenda in PhiladelphiaThe Agenda in Philadelphia

The Equality Issues– Equality and Representation of the States

New Jersey Plan—equal representation in states Virginia Plan—population-based representation Connecticut Compromise

– Slavery Three-fifths compromise

– Political Equality and voting left to states





The Economic Issues– States had tariffs on products from other states– Paper money was basically worthless– Congress couldn’t raise money– Actions taken:

Powers of Congress to be strengthened Powers of states to be limited





The Individual Rights Issues– Some were written into the Constitution:

Prohibits suspension of writ of habeas corpus No bills of attainder No ex post facto laws Religious qualifications for holding office prohibited Strict rules of evidence for conviction of treason Right to trial by jury in criminal cases

– Some were not specified Freedom of speech and expression Rights of the accused


The Madisonian ModelThe Madisonian Model

To prevent a tyranny of the majority, Madison proposed a government of:– Limiting Majority Control– Separating Powers– Creating Checks and Balances– Establishing a Federal System


The Madisonian ModelThe Madisonian Model The Constitution and the Electoral Process: The

Original Plan (Figure 2.2)





The Constitutional Republic– Republic: A form of government in which the

people select representatives to govern them and make laws

– Favors the status quo – change is slow

The End of the Beginning– The document was approved, but not

unanimously. Now it had to be ratified.


Ratifying the ConstitutionRatifying the Constitution



Federalist Papers– A collection of 85 articles written by Alexander

Hamilton, John Jay, and James Madison under the name “Publius” to defend the Constitution

Bill of Rights– The first 10 amendments to the U.S. Constitution,

drafted in response to some of the Anti-Federalist concerns about the lack of basic liberties





Ratification– Lacking majority support, the Federalists

specified that the Constitution be ratified by state conventions, not state legislatures.

– Delaware first ratified the Constitution on December 7, 1787.

– New Hampshire’s approval (the ninth state to ratify) made the Constitution official six months later.


Constitutional ChangeConstitutional Change


Constitutional ChangeConstitutional Change

The Informal Process of Constitutional Change– Judicial Interpretation

Marbury v. Madison (1803): judicial review

– Changing Political Practice– Technology– Increasing Demands on Policymakers


The Importance of FlexibilityThe Importance of Flexibility

The Constitution is short, with fewer than 8,000 words.

It does not prescribe every detail.– There is no mention of congressional committees or

independent regulatory commissions.

The Constitution is not static, but flexible for future generations to determine their own needs.


Understanding the ConstitutionUnderstanding the Constitution

The Constitution and Democracy– The Constitution is rarely described as democratic.– There has been a gradual democratization of the

Constitution.

The Constitution and the Scope of Government– Much of the Constitution reinforces individualism and

provides multiple access points for citizens.– It also encourages stalemate and limits government.


SummarySummary

The Constitution was ratified to strengthen congressional economic powers, even with disagreements over issues of equality.

Protection of individual rights guaranteed through the Bill of Rights.

Formal and informal changes continue to shape our Madisonian system of government.

Chapter 02

News & Politics

states pearson education

limited pearson education

constitutionpearson

philadelphiapearson

failedpearson education

government power

powers of states

government consent