to form a more perfect union. definition o a constitution is a nation’s basic law. it creates...
TRANSCRIPT
The Constitution
To Form A More Perfect Union
Constitution: a definition.
Definitiono 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 game What are some non-government examples of
a “constitution”? The rules are not neutral; some participants
and policy options have advantages over others.
Origins of the Constitution
The Road to Revolutiono Colonists faced tax
increases after the French and Indian War.
o Colonists lacked direct representation in parliament.• Salutary Neglect
o Colonial leaders formed the Continental Congress to address abuses of the English Crown.
Origins of the Constitution
Declaring Independenceo In May and June 1776, the Continental
Congress debated resolutions for independence.
o The Declaration of Independence, which listed the colonists grievances against the British, is adopted on July 4, 1776.
o Politically, the Declaration was a polemic, announcing and justifying revolution.
o In what ways was this declaration dangerous for the members of the Continental Congress?
Origins of the Constitution
The English, John Locke Heritage: The Power of Ideaso Natural rights: rights inherent in human
beings, not dependent on governmento Consent of the governed: government
derives its authority by sanction of the people
o Limited Government: certain restrictions should be placed on government to protect natural rights of citizens
Origins of the Constitution
Winning Independenceo In 1783, the American colonies
prevailed in their war against England.
The “Conservative” RevolutionoRestored rights the colonists felt they
had lostoNot a major change of lifestyles
How was this different than the French revolution?
Next:
Articles of Confederation
The Government That Failed
The Articles of Confederationo The first document to govern the United
States, it was adopted in 1777 and ratified in 1781.
o It established a confederation, a “league of friendship and perpetual union” among 13 states and former colonies.
o Congress had few powers; there was no president or national court system.
o All government power rested in the states.
The Government That Failed
The Articles of Confederationo Why was there a problem with a
weak national government?o Do you think the states would feel
more obligated to support themselves or the Confederation?
o What affect did this have on the centralization of power in America?
The Government That Failed
Changes in the Stateso Liberalized voting laws increased political
participation and power among a new middle class.
o An expanding economic middle class of farmers and craft workers counterbalanced the power of the old elite of professionals and wealthy merchants.
o Ideas of equality spread and democracy took hold.
The Government that Failed
The Government That Failed
Economic Turmoilo Postwar depression left farmers unable to pay
debtso State legislatures sympathetic to farmers and
passed laws that favored debtors over creditorso So what do you think the debtors did?o How does this affect interstate relations? The
Economy? Shays’ Rebellion
o Series of attacks on courthouses by a small band of farmers led by Revolutionary War Captain Daniel Shays to block foreclosure proceedings.
o Economic elite concerned about Articles’ inability to limit these violations of individual’s property rights
o Why couldn’t the government do anything about this under the Articles?
Next: Constitutional Convention
The Government That Failed
The Aborted Annapolis MeetingoAn attempt to discuss changes to
the Articles of Confederation in September 1786
oAttended by only 12 delegates from 5 states
oCalled for a meeting in May 1787 to further discuss changes—the Constitutional Convention
Making a Constitution:The Philadelphia Convention
Gentlemen in Philadelphiao 55 men from 12 of the 13 statesoMostly wealthy planters & merchantsoMost were college graduates with
some political experienceoMany were coastal residents from the
larger cities, not the rural areas
The Philadelphia Convention
Philosophy into Action, they agreed on:o Human Nature, • which is self-interested
o Political Conflict, • which leads to factions
o Objects of Government: • including the preservation of property
o Nature of Government, • which sets power against power so that no
one faction rises above and overwhelms another
The Agenda in Philadelphia
The Equality Issueso Equality and Representation of the States• New Jersey Plan — equal representation in
states• Virginia Plan — population-based
representation• Connecticut Compromise — Congress and
Houseo Slavery• Three-fifths compromise
o Political Equality and voting left to states
The Agenda in Philadelphia
The Agenda in Philadelphia
The Economic IssuesoStates had tariffs on products from
other statesoPaper money was basically
worthlessoCongress couldn’t raise moneyoActions taken:• Powers of Congress to be
strengthened• Powers of states to be limited
The Agenda in Philadelphia
The Agenda in Philadelphia
The Individual Rights IssuesoSome were written into the
Constitution:• Prohibits suspension of writ of habeas corpus• No bills of attainder, punishment without
trial• Religious qualifications for holding office
prohibited• Strict rules of evidence for conviction of
treason• Right to trial by jury in criminal cases
oSome were not mentioned• Freedom of speech and expression• Rights of the accused
Next: The Constitution
The Madisonian Model Who is James Madison?
o Page 143 in your books.
To prevent a tyranny of the majority, Madison proposed a government of:oLimiting Majority ControloSeparating PowersoCreating Checks and BalancesoEstablishing a Federal System
The Madisonian Model
The Madisonian Model
The Madisonian Model The Constitutional Republic
o Republic: A form of government in which the people select representatives to govern them and make laws
o Favors the status quo – change is slow The End of the Beginning
o The document was approved, but not unanimously. Now it had to be ratified.
Next:
Federalists v.
Anti-Federalists
Ratifying the Constitution
Ratifying the Constitution
Federalist PapersoA collection of 85 articles written by
Alexander Hamilton, John Jay, and James Madison under the name “Publius” to defend the Constitution
Bill of RightsoThe first 10 amendments to the U.S.
Constitution, drafted in response to some of the Anti-Federalist concerns about the lack of basic liberties
Ratifyin
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Ratifying the Constitution
RatificationoLacking majority support, the
Federalists specified that the Constitution be ratified by state conventions, not state legislatures.
oDelaware first ratified the Constitution on December 7, 1787.
oNew Hampshire’s approval (the ninth state to ratify) made the Constitution official six months later.
Next: The Living Document
Constitutional Change
Constitutional Change Equal Rights Amendment
(ERA), oNever Ratified
The Informal Process of Constitutional Changeo Judicial Interpretation• Marbury v. Madison (1803): judicial review
oChanging Political Practice: parties, election changes
oTechnology: mass mediao Increasing Demands on
Policymakers
The Importance of Flexibility
The Constitution is short, with fewer than 8,000 words.
It does not prescribe every detail.o 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 Constitution
The Constitution and Democracyo The Constitution is rarely described as
democratic.o There has been a gradual
democratization of the Constitution. The Constitution and the Scope of
Governmento Much of the Constitution reinforces
individualism and provides multiple access points for citizens.
o It also encourages stalemate and limits government.
Summary 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.