chapter 2


Chapter 2: The Constitution

• The Origins of the Constitution• The Government That Failed: 1776–1787• Making a Constitution: The Philadelphia

Convention• Critical Issues at the Convention• The Madisonian System• Ratifying the Constitution• Changing the Constitution• Understanding the Constitution• Summary


Chapter Outline and Learning Objectives

• The Origins of the Constitution• LO 2.1: Describe the ideas behind the

American Revolution and their role in shaping the Constitution.

• The Government That Failed: 1776–1787• LO 2.2: Analyze how the weaknesses of the

Articles of Confederation led to its failure.



• Making a Constitution: The Philadelphia Convention• LO 2.3: Describe the delegates to the

Constitutional Convention and the core ideas they shared.



• Critical Issues at the Convention• LO 2.4: Categorize the issues at the

Constitutional Convention and outline the resolutions reached on each type of issue.



• The Madisonian System• LO 2.5: Analyze how the components of the

Madisonian system addressed the dilemma of reconciling majority rule with the protection of minority interests.



• Ratifying the Constitution• LO 2.6: Compare and contrast the

Federalists and Anti-Federalists in terms of their background and their positions regarding government.



• Changing the Constitution• LO 2.7: Explain how the Constitution can be

formally amended and how it changes informally.

• Understanding the Constitution• LO 2.8: Assess whether the Constitution

establishes a majoritarian democracy and how it limits the scope of government.

The Origins of the ConstitutionLO 2.1: Describe the ideas behind the American Revolution and their role in shaping the Constitution.

• Constitution• A nation’s basic law.• It creates political institutions, assigns or

divides powers in government, and often provides certain guarantees to citizens.

• Constitutions can be either written or unwritten.

To Learning ObjectivesCopyright © 2011 Pearson Education, Inc. Publishing as Longman


The Origins of the Constitution

• The Road to Revolution• Declaring Independence• The English Heritage: The Power of

Ideas• The American Creed• Winning Independence• The “Conservative” Revolution

To Learning Objectives

LO 2.1



• The Road to Revolution (cont.)• 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.


LO 2.1


LO 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.


LO 2.1


LO 2.1




• The English Heritage: The Power of Ideas• Natural Rights – Rights inherent in human

beings, not dependent on government.• Consent of the Governed – The

government derives its authority by sanction of the people.

• Limited Government – Put certain restrictions on government to protect natural rights.


LO 2.1



• The American Creed• The sanctity of property was one of the few

ideas absent in Jefferson’s draft of the Declaration of Independence.

• Jefferson altered Locke’s phrase, “life, liberty, and property” to “life, liberty, and the pursuit of happiness.”


LO 2.1



• 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.


LO 2.1

The Government That Failed: 1776–1787LO 2.2: Analyze how the weaknesses of the Articles of Confederation led to its failure.

• The Articles of Confederation• Changes in the States• Economic Turmoil• The Aborted Annapolis Meeting



The Government That Failed: 1776–1787

• The Articles of Confederation• The first document to govern the United

States, ratified in 1781.• It created a confederation 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.


LO 2.2



• Changes in the States• Voting laws increased political power

among a new middle class.• Middle class of farmers and craft workers

counterbalanced the power of professionals and wealthy merchants.

• Ideas of equality spread and democracy took hold.


LO 2.2



• Economic Turmoil• Postwar depression left farmers unable to

pay debts.• State legislatures sympathetic to farmers

passed laws that favored debtors over creditors.


LO 2.2



• Economic Turmoil (cont.)• In 1786, a group of farmers in western

Massachusetts led by Captain Daniel Shays rebelled at losing their land to creditors.

• Shays’ Rebellion was a series of armed attacks on courthouses to prevent judges from foreclosing on farms and it spurred the birth of the Constitution.


LO 2.2


LO 2.2




• 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.


LO 2.2

Making a Constitution: The Philadelphia ConventionLO 2.3: Describe the delegates to the Constitutional Convention and the core ideas they shared.

• U.S. Constitution• The document written in 1787 and ratified

in 1788 that sets forth the institutional structure of U.S. government and the tasks these institutions perform.

• It replaced the Articles of Confederation.



Making a Constitution: The Philadelphia Convention

• Gentlemen in Philadelphia• Philosophy into Action


LO 2.3



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

political experience.• Many were coastal residents from the

larger cities, not the rural areas.


LO 2.3



• Philosophy into Action• Human Nature – People were self-

interested and that government should check and contain the natural self-interest of people.

• Political Conflict – Wealth (property) distribution is the source of political conflict and that factions arise from the unequal distribution of wealth.


LO 2.3



• Philosophy into Action (cont.)• Objects of Government – Property must

be protected against the tyranny of faction.• Nature of Government – Secret of good

government is “balanced government” because as long as no faction could seize complete control of government, tyranny could be avoided.


LO 2.3

Critical Issues at the ConventionLO 2.4: Categorize the issues at the Constitutional Convention and outline the resolutions reached on each type of issue.

• The Equality Issues• The Economic Issues• The Individual Rights Issues



Critical Issues at the Convention

• The Equality Issues• Equality and Representation of the

States – The New Jersey Plan and Virginia Plan led to the Connecticut Compromise.

• Slavery – The question of how to count slaves was solved with the Three-Fifths Compromise.

• Equality in Voting – Delegates decided to leave voting qualifications to the states.


LO 2.4


LO 2.4




• The Economic Issues• States had tariffs on products from other

states.• Paper money was basically worthless.• Congress could not raise money.• Key actions taken – Powers of Congress

were strengthened and powers of states were limited.


LO 2.4


LO 2.4




• The Individual Rights Issues• 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.• Jury trial in criminal cases.


LO 2.4

The Madisonian SystemLO 2.5: Analyze how the components of the Madisonian system addressed the dilemma of reconciling majority rule with the protection of minority interests.

• Thwarting Tyranny of the Majority• The Constitutional Republic• The End of the Beginning



The Madisonian System

• Thwarting Tyranny of the Majority• Limiting majority control to keep most of

the government beyond the control of the masses.

• Separating Powers – Branches are relatively independent of the others so no single branch could control the others.


LO 2.5


LO 2.5




• Thwarting Tyranny of the Majority (cont.)• Creating Checks and Balances so each

branch needs the consent of the others for many actions.

• Establishing a Federal System so federalism divides power between national and state governments.


LO 2.5


LO 2.5




• The Constitutional Republic• A Republic is a form of government in

which the people select representatives to govern them and make laws.

• Tends to favor the status quo and limit political change.

• The End of the Beginning• The document was approved and now it

had to be ratified.To Learning Objectives

LO 2.5


LO 2.5


Ratifying the ConstitutionLO 2.6: Compare and contrast the Federalists and Anti-Federalists in terms of their background and their positions regarding government.

• Federalists and Anti-Federalists• Ratification



Ratifying the Constitution

• Federalists and Anti-Federalists• Federalists supported the new Constitution

and wrote the Federalist Papers to defend it.• Anti-Federalists opposed the new

Constitution and believed it was an enemy of freedom.

• The compromise between the two groups was the Bill of Rights.


LO 2.6


LO 2.6



Ratifying the Constitution

• Ratification• The Federalists specified that the

Constitution be ratified by state conventions and not state legislatures.

• Delaware first ratified the Constitution on 12-7-1787.

• New Hampshire’s (9th state) approval made the Constitution official six months later.


LO 2.6

Changing the ConstitutionLO 2.7: Explain how the Constitution can be formally amended and how it changes informally.

• The Formal Amending Process• The Informal Process of

Constitutional Change• The Importance of Flexibility



Changing the Constitution

• The Formal Amending Process• Proposal – An amendment may be

proposed either by a two-thirds vote in each house or chamber of Congress, or by a national convention called by Congress at the request of two-thirds of the state legislatures.


LO 2.7



• The Formal Amending Process (cont.)• Ratification – An amendment may be

ratified either by the legislatures of three-fourths of the states or by special state conventions called in three-fourths of the states.


LO 2.7


LO 2.7




• The Informal Process of Constitutional Change• Judicial Interpretation – Marbury v.

Madison (1803) established judicial review.• Changing Political Practice – How the

political parties and the Electoral College practice today changed the Constitution.


LO 2.7



• The Informal Process of Constitutional Change (cont.)• Technology – Mass media, atomic

weapons, computers, and electronic communications have changed the Constitution.

• Increasing Demands on Policymakers – Demands for more domestic and foreign policies changed the Constitution.


LO 2.7


LO 2.7




• The Importance of Flexibility• The Constitution created a flexible

government that could adapt to the needs of the times without sacrificing personal freedom.

• The Constitution is a short document (27 amendments and less than 8,000 words) that does not prescribe the structure and functioning of the national government in detail. To Learning Objectives

LO 2.7


LO 2.7


Understanding the ConstitutionLO 2.8: Assess whether the Constitution establishes a majoritarian democracy and how it limits the scope of government.

• The Constitution and Democracy• The Constitution and the Scope of

Government



Understanding the Constitution

• The Constitution and Democracy• Constitution created a republic

(representative democracy based on limited government).

• Historically, there has been a gradual democratization of the Constitution away from the elitist model of democracy and toward the pluralist one.


LO 2.8


Understanding the Constitution

• The Constitution and the Scope of Government• Separation of powers and checks and

balances promote demands for public policy to be heard.

• Separation of powers and checks and balances promote bargaining, compromise, playing one institution against another, and an increase of hyperpluralism.


LO 2.8


LO 2.1Summary

• The Origins of the Constitution• Ideas behind American Revolution and the

Constitution were belief in natural rights, consent of the governed, limited government, responsibility of government to protect property, and equality of citizens.



The notion that the people must agree on who their rulers will be is referred to as

A. sanctity of property rights.

B. natural rights.

C. consent of the governed.

D. limited government.


LO 2.1


LO 2.2Summary

• The Government That Failed: 1776–1787• The Articles of Confederation established a

government dominated by the states, without a permanent executive or national judiciary.

• A weak central government could not raise sufficient funds, regulate trade, protect property rights, or take action without unanimous consent of the states.



The primary result of Shays’ Rebellion was to

A. spread similar, unruly behavior to ever larger and more effective groups.

B. force states to pass “force acts” and print money.

C. serve as a factor motivating the American Revolution.

D. precipitate a review of the Articles of Confederation in Annapolis.


LO 2.2


LO 2.3Summary

• Making a Constitution: The Philadelphia Convention• The Framers were more educated, wealthy,

and urban than most.• Core ideas they shared were that people

were self-interested, wealth distribution was source of political conflict, object of government was protecting private property, and balanced government is best government.



According to James Madison, which of the following is the primary source of political conflict?

A. Differing political ideologies.

B. The distribution of wealth.

C. Self-interested human nature.

D. The lack of education.


LO 2.3


LO 2.4Summary

• Critical Issues at the Convention• The Framers intended to make the national

government an economic stabilizer.• The economic powers assigned to

Congress left no doubt it was to forge national economic policy.

• The Framers did include some specific individual rights.



Which of the following economic powers are given to Congress in the U.S. Constitution?

A. Power to tax, borrow money, and print and coin money.

B. Power to regulate interstate and foreign commerce.

C. Power to broadly protect property rights.

D. All of the above.


LO 2.4


LO 2.5Summary

• The Madisonian System• The Founders reconciled majority rule with

minority interests by constraining both the majority and the minority.

• The Madisonian system dispersed power among separate branches of government, and gave them shared powers so that each branch had a check on the others.



The system of governance set up in the U.S. constitutional republictends to

A. favor the status quo and limit political change.

B. be relatively efficient in producing political results.

C. encourage direct democracy.

D. centralize power.


LO 2.5


LO 2.6Summary

• Ratifying the Constitution• The Federalists, largely from the economic

elite, supported a strong national government.

• Anti-Federalists, largely from the middle class, supported a weaker national government and wanted individual liberties.

• The Federalists promised to propose what became known as the Bill of Rights.



The Bill of Rights was adopted primarily to

A. allay fears that the Constitution would restrict freedom.

B. ensure that the Constitution had the support of the Federalists.

C. protect the states against the potential for abuses by the national government.

D. satisfy Madison’s concerns about factions and to check their effects.


LO 2.6


LO 2.7Summary

• Changing the Constitution• The formal amendment process requires

supermajorities in both houses of Congress and among the states.

• The informal process includes judicial interpretation, changing political practices, technology, and the increasing demands on policymakers.



Which of the following means of amending the Constitution has never been used to date?

A. Proposal by ⅔ support in both houses of Congress.

B. Ratification by ¾ of state legislatures.

C. Ratification by ¾ of state conventions.

D. Proposal through a national convention called by Congress.


LO 2.7


LO 2.8Summary

• Understanding the Constitution• The Constitution did not create a

majoritarian democracy so majorities do not always rule.

• Gradual democratization of the Constitution – Right to vote has expanded, senators are elected, and president electors are now agents of political parties.



LO 2.8Summary

• Understanding the Constitution (cont.)• By protecting individual rights and limiting

government power to restrict them, the Constitution limits the scope of government.

• By dispersing power among institutions, the Constitution increases access of interests to government but also allows these interests to check each other and produce stalemate.



The Constitution has been amended times to expand the electorate.

A. 5

B. 4

C. 3

D. 2


LO 2.8


Photo Credits

• 26: Jeff Fusco/Getty Images• 35: National Archives and Records• 39: New York Library Picture Collection • 47: US Capitol Historical Society• 53: Hulton Archive/Getty Images• 56: By permission of Mike Luckovich and Creator Syndicate

chapter 2

Documents

pearson education

objectives copyright

constitution summary

longman chapter

american revolution

constitutional convention

conservative revolution

madisonian system