Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Constitution Chapter 2 Edwards,...

Copyright © 2009 Pearson Education, Inc. Publishing as Longman.

The Constitution

Chapter 2

Edwards, Wattenberg, and LineberryGovernment in America: People, Politics, and

PolicyFourteenth Edition


Can you be arrested for burning the United States Flag?A.TrueB.False


False

U.S. v. Eichman the Supreme Court stated that Flag Burning is a form of Symbolic Speech which is protected by the 1st Amendment to the Constitution


Constitution

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 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.



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


Who Said this first? “Life, Liberty and…

A.Thomas JeffersonB.John Locke



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 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 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


What was one reason for the failure of the Articles of

Confederation?SHORTANSWER



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:The Philadelphia Convention

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


Name the “Father” of the Constitution

A.James MadisonB.Ben FranklinC.George WashingtonD.John Adams


The Philadelphia Convention

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 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 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


Is there a difference between “Separation of Powers and Checks and

Balances”?A.YesB.No



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 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 Change


How many Amendments made it through Phase 1 only to fail in

Phase 2?A.1B.2C.6D.12


Constitutional 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 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 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.


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.

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Constitution Chapter 2 Edwards,...

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