Chapter 2 constitutionx

The Constitution The Constitution

Copyright © 2009 Cengage Learning 2

The Colonial BackgroundThe Colonial Background

Separatists were dissatisfied with the Church of England and sought a place where they could practice their religious beliefs.

The compact they formed set forth the idea of consent of the governed.

(The Granger Collection)


British Restrictions and Colonial Grievances

British Restrictions and Colonial Grievances

In 1763, the British Parliament began to pass laws that treated the colonies as a unit. The major reason for these laws was to raise revenue to help pay off the war debt incurred during the French and Indian Wars (1756–1763).

(National Portrait Gallery)


First Continental CongressFirst Continental Congress

The focus was to restore the political structure that was in existence before the passage of legislation affecting the internal operations of each colony by Parliament.

Had the Crown and Parliament relented on many of their demands it is possible the Declaration of Independence would never have been issued.


Second Continental Congress

Second Continental Congress

Established an army

Made Washington the general in chief and pursued the Revolutionary War

Painting by John Trumbull, 1819, Library of Congress


The Declaration of Independence

The Declaration of Independence

Thomas Jefferson influenced by John Locke

Natural Rights – Life, liberty and the pursuit of happiness

Social Contract - Based on the idea of consent of the governed, and that governments had the responsibility to protect the natural rights of its citizens. If the government failed to do so, the people had the right to revolt.

© Bettmann /Corbis

© Archivo Iconografico S.A. /Corbis


The Rise of RepublicanismThe Rise of Republicanism

Republicanism vs. The Republican Party

While republicans were opposed to rule by the British, they were also opposed to rule by any central authority. They were even skeptical of a permanent union of the states.

Each state was seen as the sovereign authority and the only legitimate ruling force.


The Articles of Confederation:

Our First Form of Government

The Articles of Confederation:

Our First Form of Government

States retained most of the power

Citizens loyal to their state

Library of Congress


The Confederal Government Structure

Under the Articles of Confederation

The Confederal Government Structure

Under the Articles of Confederation


Accomplishments Under the Articles

Accomplishments Under the Articles

Articles established to:• Organize the states so they could defeat the

British forces• Gain independence from Britain


Weaknesses of the Articles

Weaknesses of the Articles

Still no central authority to resolve disputes between the states. To organize the states for the collective good, including the organization of a militia, was crucial to the development of the Constitutional Convention.


Framers of the Constitution

Framers of the Constitution

Republicans opposed any centralization of power.

Federalists favored a stronger government.


Politicking and Compromises

Politicking and Compromises

The New Jersey Plan

The Virginia Plan

The Great Compromise

The Three-Fifths Compromise


Working Toward the Final Agreement


The Madisonian Model• Separation of powers• Checks and balances

Library of Congress




Electoral College


Checks and Balances Checks and Balances


The Final DocumentThe Final Document

Popular sovereignty

A republican government

A limited government

Separation of powers

A federal system where both the national and the state governments each had their own sphere of influence


RatificationRatification

The Federalist Papers• An attempt to persuade the public to support the

new form of government• Federalist #10 and Federalist #51 provide an

excellent view of James Madison’s political theory concerning human nature


The March to the FinishThe March to the Finish

The vote by the Virginia ratification convention was essential and somewhat close.

The New York vote was even closer and put the Constitution “over the top.”

At this point, North Carolina and Rhode Island had little choice but to join.


Ratification of the Constitution

Ratification of the Constitution


Ratification Ratification

Federalists

Anti-Federalists


Support for the New Constitution

Support for the New Constitution

Beard’s Thesis

State Ratifying Conventions

Support Was Probably Widespread


The Bill of RightsThe Bill of Rights

A “Bill of Limits”

No explicit limits on state government powers

Did not apply to state governments


The Bill of RightsThe Bill of Rights

Link to the Bill of Rights

Click the picture to open a file containing the text of the Bill of Rights


The Formal Amendment Process

The Formal Amendment Process

Cope with any new and unforeseen problem

Taken on with extreme caution

Rigorous process


Amending the Constitution


Although 11,000 amendments have been considered by Congress, only 33 have been submitted to the states after being approved, and only 27 have been ratified since 1789.

11,000 27


Amendments Amendments

The strongest theme among the amendments is the expansion of citizenship rights.

Example: Right to vote for women (Nineteenth, 1920)

The Granger Collection, New York


Amendments to the Constitution

Amendments to the Constitution


Informal Methods of Constitutional Change

Informal Methods of Constitutional Change

Congressional Legislation

Presidential Action

Judicial Review

Interpretation, Custom, and Usage


A Government Broken Free of Its Constitutional

Moorings? Questions


Moorings? Questions

Was it wise for the Supreme Court to uphold the constitutionality of a display of the Ten Commandments on government property as part of a larger collection focusing on the nation’s legal and religious history, but to reject its constitutionality if displayed in a manner that emphasizes the religious nature of the Ten Commandments?



Moorings? Questions


Moorings? Questions

Does this distinction reveal wisdom on the part of the Court or a lack of clarity? Should the court have simply said that all displays of the Ten Commandments either do or do not violate the Establishment Clause of the First Amendment?


Sohm, Chromosohm /Stock Connection /PictureQuest

Click on the image to play an audio recording of a reading of the Preamble to the Constitution


Questions for Critical Thinking


How did the Civil War affect the Constitution? The Great Depression?

How did the New Deal alter the Constitution?

Does the Constitution make the government more responsive?




Why did the British place restrictions on the colonies?

How was the term “people,” as used in the Declaration of Independence, defined? Did the members of the Second Continental Congress mean all people? What about the rights of women? Native Americans? Slaves?




What would have occurred if one or more of the states had rejected the Constitution? Could a single state have managed to survive outside the union of states?

What would Madison think about interest groups in modern society?


Web LinksWeb Links

Declaring Independence: Drafting the Document

The U.S. Constitution Online

The Library of Congress (THOMAS)

http://www.lcweb.loc.gov/exhibits/declara/declara4.html

http://www.lcweb.loc.gov/exhibits/declara/declara4.html

Chapter 2 constitutionx

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