The Constitution

Chapter 2

Government in America: People, Politics, and PolicyEdwards/Wattenberg/Lineberry

Pearson Education, Inc., Longman © 2008

Texas vs Johnson (1989)

What was the issue that spurred the case?

What is the Constitutional significance of this case?

How does this case deal with the issue of majority rule?

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 game The rules are not neutral; some participants

and policy options have advantages over others.

How does our Constitution differ from others? We have the oldest active constitution in the

world

Signed on September 17, 1787 (ratified in 1788, Bill of Rights added in 1789)

Short document (7 Articles, 27 Amendments)

Built on the Madisonian model of government

7 Articles Article I: Legislative Branch Article II: Executive Branch Article III: Judicial Branch Article IV: Relationships between the nation

and the states Article V: Amendment Process Article VI: Supremacy Clause Article VII: Ratification

Amendments I – XXVII (remember the first 10 are the Bill of Rights)

Origins of the Constitution The Road to Revolution

Colonists faced tax increases after the French and Indian War. Colonists were expected to pay for their own defense.

Colonists lacked direct representation in Parliament. (“No taxation without representation”) They had no say in tax increases, etc Showed displeasure with acts like the Boston Tea Party

Colonial leaders formed the Continental Congress to address abuses of the English Crown.

Origins of the Constitution European Claims in North America (Figure 2.1)

Origins of the Constitution

Declaring Independence In May and June 1776, the Continental Congress

debated resolutions for independence. The Declaration of Independence, written by

Jefferson, 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 Significance of the Declaration of Independence

Origins of the Constitution

The English Heritage: The Power of Ideas Natural rights: rights inherent in human beings,

not dependent on government What are they according to Locke? Jefferson?

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. What puts limits on OUR government?

Origins of the Constitution

Origins of the Constitution

Winning Independence Declared ourselves independent in 1776.

Revolutionary War 1775-1783

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.

Weaknesses of the Articles?

Congress had few powers; there was no president or national court system.

All government power rested in the states. All decisions had to be unanimous Government had no power to tax; couldn’t force

states to send money to cover debts, etc. Government couldn’t regulate commerce Positive: Northwest Ordinance (1787) –

encouraged the development of the Great Lakes region

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

Shays’ Rebellion proved the weakness of the government set up by the Articles. Change was necessary!

The Government That Failed 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

EPIC FAIL! according to William Fournier

Called for a meeting in May 1787 to further discuss changes— This became the Constitutional Convention

Making a Constitution:The Philadelphia Convention

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

experience Many were coastal residents from the larger cities,

not the rural areas

The Philadelphia Convention, cont. Philosophy into Action

Human Nature is self-interested, government should work to limit that

Political Conflict arises from the uneven distribution of wealth. Conflict leads to factions. Government needs to limit the effects of factions.

Objectives of Government include the preservation of property

Nature of Government must be limited and contain checks on its own power. There must be checks and balances and separation of powers.

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 (or GREAT Compromise) –

created a bicameral legislature Slavery

Outlawed the IMPORTATION of slaves after 1808 Three-fifths compromise – count 3/5 of all slaves for

purposes of taxation AND representation Political Equality and voting left to states

The Agenda in Philadelphia

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 Agenda in Philadelphia

The Agenda in Philadelphia 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 – direct vote ONLY for

House of Reps Separating Powers – 3 branches independent of

each other Creating Checks and Balances – diagram!! Establishing a Federal System – divides and

shares power between national government and the states

The Madisonian Model The Constitution and the Electoral Process: The

Original Plan (Figure 2.2)

The Madisonian Model

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

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

Ratifying the Constitution

Ratifying the Constitution

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

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.