The Constitution

The ConstitutionThe most important thing since sliced bread and the invention of the wheel

Rules for the Game

A Revolution of the Mind

• What do we mean by the Revolution, the war? That was not part of the revolution, it was only an effect and consequence of it. The revolution was in the minds of the people, and this was affected from 1760-1775 in the course of 15 years before a drop of blood was shed at Lexington.”

John Adams

2.2

A Revolution of the Mind

• While in Europe, I often amused myself with contemplating the characters of the then reigning sovereigns....Louis XVI was a fool....The King of Spain was a fool, and of Naples the same. They passed their lives in hunting....The Queen of Portugal was an idiot by nature. And so was the King of Denmark....The King of Prussia, successor to Frederick, was a mere hog in body as well as in mind. Gustavas of Sweden and Joseph of Austria were really crazy and George of England was in a straight waistcoat [straight jacket]. These animals had become without mind and powerless....

Europe, is a first idea, a crude production, before the maker knew his trade, or had made up his mind as to what he wanted. [America, Jefferson implies, was closer to the final product]

Thomas Jefferson

2.2

A Revolution of the Mind

2.2

MontesquieuLocke

THE DECLARATION OF INDEPENDENCE In Congress, July 4, 1776 The Unanimous Declaration of The Thirteen United States of America When in the Course of human events, it becomes necessary for one people to dissolve thepolitical bands which have connected them with another, and to assume among the Powers of theearth, the separate and equal station to which the Laws of Nature and of Nature's God entitlethem, a decent respect to the opinions of mankind requires that they should declare the causeswhich impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they areendowed by their Creator with certain unalienable Rights, that among these are Life, Libertyand the pursuit of Happiness. That to secure these rights, Governments are instituted amongMen, deriving their just powers from the consent of the governed, That whenever any Form ofGovernment becomes destructive of these ends, it is the Right of the People to alter or toabolish it, and to institute new Government, laying its foundation on such principles andorganizing its powers in such form, as to them shall seem most likely to effect their Safety andHappiness. Prudence, indeed, will dictate that Governments long established should not bechanged for light and transient causes; and accordingly all experience hath shown, thatmankind are more disposed to suffer, while evils are sufferable, than to right themselves byabolishing the forms to which they are accustomed. But when a long train of abuses andusurpations, pursuing invariably the same Object evinces a design to reduce them under absoluteDespotism, it is their right, it is their duty, to throw off such Government, and to provide newGuards for their future security. -- Such has been the patient sufferance of these Colonies; andsuch is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations,all having in direct object the establishment of an absolute Tyranny over these States. To provethis, let Facts be submitted to a candid world...

2.2

…We solemnly publish and declare, that these colonies are and of aright ought to be free and independent states... And for the support of this declaration, with a firm reliance on the protection of divine providence, we mutually pledge our lives, our fortunes, and our sacred honour."

The Declaration of Independence, 1776.

15 / 56 signers of the Declaration had their homes burned by the British

• Too Late to Apologize

2.2

A Question of Sovereignty

• Articles of Confederationo “Each State retains its

sovereignty, freedom and independence, and every power not... expressly delegated to the United States, in Congress assembled.”

Articles of Confederation

2.3

Political Compromise

Target 2.4

The Story of the Philadelphia Convention2.4

• Great Compromise• Three-fifths Compromise• Slave Trade Compromise

2.4

New Powers of the National Government2.4

2.4 Politics of Compromise

• Should Democrats and Republicans today compromise on political issues, or should they “stand on principle”?

o Driving out Moderates (CNN video) ……….. Daschle & Lott on Compromise

Framework of Government

Target 2.5

Framework• The Constitution sets up a

“Framework” of government

• The basic structure of the Constitution…

2.5

Framework• 3 Basic Principles

o Separation of Powers, Checks & Balances, Federalism

• Central Dilemma

o But what is government itself but the greatest of all reflections on human nature? If men were angels, no government would be necessary.... In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.

James Madison, The Federalist No.51

• Checks & Balances

2.5

Flexible by Design But not too

flexible

2.5

Flexible by Design But not too

flexible

The Amendment Process

oPropose

oRatify

• When 2/3rds of

o States call for a Constitutional Convention

o Congress propose an amendment

• When 3/4ths of

o State Legislatures approve

o State Ratifying Conventions approve

2.5

RatificationTarget 2.6

Ratification Federalists v.

Antifederalists

2.6

Ratification• The Federalist Papers

o 85 Essays defending the Constitution

• Federalist No. 10• Federalist No. 51

2.6

What was at stake?

• It has been reserved to the people of this country, to decide the important question, whether societies of men are really capable or not of establishing good government from reflection and choice, or whether they are forever destined to depend for the political constitutions on accident and force.

Hamilton, The Federalist, No. 1

2.6

Ratification (

State by State Ratification)

2.6

Modern Debate

2.7

2.7

Politics of the Constitution

• Public view of the Constitution (Time)

2.7

Rex E. Lee on the Constitution

2.7

One Document Under Siege