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3 Chapter 2: The Constitution The Origins of the Constitution The Government That Failed: Making a Constitution: The Philadelphia Convention Critical Issues at the Convention The Madisonian System Ratifying the Constitution Changing the Constitution Understanding the Constitution Summary

4 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: LO 2.2: Analyze how the weaknesses of the Articles of Confederation led to its failure.

5 Chapter Outline and Learning Objectives 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.

6 Chapter Outline and Learning Objectives 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 positions regarding government.

7 Chapter Outline and Learning Objectives 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.

8 The Origins of the Constitution LO 2.1: Describe the ideas behind the American Revolution and their role in shaping the Constitution. The Road to Revolution Declaring Independence The English Heritage: The Power of Ideas The American Creed Winning Independence The Conservative Revolution

9 The Origins of the Constitution LO 2.1 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.

10 LO 2.1

11 The Origins of the Constitution 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, was adopted on July 4, Politically, the Declaration was a polemic, announcing and justifying revolution.

12 LO 2.1

13 The Origins of the Constitution LO 2.1 The English Heritage: The Power of Ideas Natural Rights Rights inherent in humans being, 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.

14 The Origins of the Constitution 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.

15 LO 2.1

16 The Origins of the Constitution 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.

17 The Government That Failed: LO 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

18 LO 2.2 The Government That Failed: The Articles of Confederation The first document to govern the United States, ratified in 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.

19 LO 2.2 The Government That Failed: 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.

20 LO 2.2

21 LO 2.2 The Government That Failed: Economic Turmoil Postwar depression left farmers unable to pay debts. State legislatures sympathetic to farmers passed laws that favored debtors over creditors.

22 LO 2.2 The Government That Failed: 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.

23 LO 2.2 The Government That Failed: The Aborted Annapolis Meeting An attempt to discuss changes to the Articles of Confederation in September Attended by only 12 delegates from 5 states. Called for a meeting in May 1787 to further discuss changes the Constitutional Convention.

24 Making a Constitution: The Philadelphia Convention LO 2.3: Describe the delegates to the Constitutional Convention and the core ideas they shared. Gentlemen in Philadelphia Philosophy into Action

25 Making a Constitution: The Philadelphia Convention 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.

26 Making a Constitution: The Philadelphia Convention LO 2.3 Philosophy into Action Human Nature People were selfinterested; government should check and contain the natural self-interest of people. Political Conflict Wealth (property) distribution is the source of political conflict; factions arise from the unequal distribution of wealth.

27 Making a Constitution: The Philadelphia Convention 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.

28 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 Equality Issues The Economic Issues The Individual Rights Issues

29 Critical Issues at the Convention LO 2.4 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.

30 LO 2.4

31 LO 2.4

32 Critical Issues at the Convention 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.

33 LO 2.4

34 Critical Issues at the Convention 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.

35 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. Thwarting Tyranny of the Majority The Constitutional Republic The End of the Beginning

36 The Madisonian System LO 2.5 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.

37 LO 2.5

38 The Madisonian System LO 2.5 Thwarting Tyranny of the Majority (cont.) Creating Checks and Balances Each branch needs the consent of the others for many actions. Establishing a Federal System Federalism divides power between national and state governments.

39 LO 2.5

40 The Madisonian System LO 2.5 The Constitutional Republic 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.

41 Ratifying the Constitution LO 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

42 Ratifying the Constitution LO 2.6 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.

43 LO 2.6

44 LO 2.6

45 Ratifying the Constitution LO 2.6 Federalists specified that the Constitution be ratified by special conventions, not state legislatures 9 states had to ratify the Constitution Delaware was the 1 st (Dec 1787), New Hampshire was the 9 th (Jun 1788)

46 Changing the Constitution LO 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

47 Changing the Constitution LO 2.7 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.

48 Changing the Constitution LO 2.7 The Formal Amending Process (cont.) Ratification An amendment may be ratified either by the legislatures of threefourths of the states, or by special state conventions called in three-fourths of the states.

49 LO 2.7

50 Changing the Constitution 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.

51 Changing 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.

52 LO 2.7

53 Changing the Constitution 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.

54 Understanding the Constitution LO 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

55 Understanding the Constitution LO 2.8 The Constitution and Democracy The 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.

56 Understanding the Constitution LO 2.8 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.

57 LO 2.8

58 Key Terms Chapter 2 Separation of Powers Factions Limited Government Consent of the Governed Ex post facto laws Writ of habeas corpus Checks & balances

59 Key Terms Chapter 3 Federalism Supremacy Clause Enumerated Powers Implied Powers Elastic Clause Full Faith & Credit Clause Privileges & Immunities Devolution

60 In the National Govt. Political Power was divided among institutions: a. The Separation of Powers divided national power among three branches (institutions) of govt. 1) The Functions of each Branch were different (a) The Legislature Legislates. (b) The Executive Branch executes the laws (c) The judiciary judges cases and controversies that arise.

62 2) Furthermore, each branch has different processes (as well as powers or functions). HOWEVER, no branch of Govt. had complete and unilateral power, except within its narrowest functions. 3) Each branch does have a set of primary functions, such as legislating, executing, and judging. (a) The Checks and Balances that were placed in the Constitution limit the power of each branch to act unilaterally or alone. These complicate and delay decision making in the system. 4) The Powers that were given to each branch of govt. were specified and limited.

63 What does Checks and Balances mean? The powers of an institution were checked or limited by some power that is exercised by one of the other branches. That means that in most cases the powers an institution exercises are limited because that power requires some cooperation, compliance, or action by another branch of government.

64 There is a difference between CHECKS and BALANCES? 1) Checks are differences than balances. 2) How would you differentiate between the two? 3) Checks are limits that one institution can impose on the other. 4) Balances are processes or functions on which two of the branches must cooperate.

65 There were few Civil Rights and Liberties protections explicitly outlined in the original Constitution. a. The Bill of Rights was added, as the first ten Amendments to the Constitution, by the First Congress. Note the ratification of these Amendments and the 27th Amendment ratified in 1992 was one of the original 12 amendments that the Framers proposed to the First Congress.

66 b. This was a political compromise arrived at (between the Federalists and the Anti- Federalists) in the course of getting the Constitution Ratified. c. These Rights and Liberties were applicable to the Federal Government and so they defined the relationship between that central govt. and the people.

67 d. Eventually, the U.S. Supreme Court incrementally incorporated most of these protections in Bill of Rights and applied these to control the actions of state governments as well. 1) These very same liberties and rights became limitations on State Governments. 2) This was accomplished by interpreting the Due Process Clause of the 14th Amendment as incorporating various Bill of Rights provisions and applying them to the states.

68 The general principles contained in the Constitution are important to consider. 1. Popular Sovereignty resides with the people. 2. A Limited Government was created. 3. Majority Rule was checked or restrained, so that Minority Rights were protected, to some degree. This refers to the fundamental issue of majority versus minority rights, rather than to the decision rule.

69 4. A representative democracy or a republican form of government was the fundamental feature of the new constitution. 5. Changing the Constitution was made easier than under the Articles of Confederation. It was at least possible to amendment the Constitution. Amendment is still NOT an easy or a quick process.

70 LO 2.1 Summary 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.

71 LO 2.2 Summary The Government That Failed: 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.

72 LO 2.3 Summary 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 a source of political conflict, the object of government was protecting private property, and balanced government is best government.

73 LO 2.4 Summary 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.

74 LO 2.5 Summary LO 2.5 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.

75 LO 2.6 Summary 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.

76 LO 2.7 Summary 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.

77 LO 2.8 Summary Understanding the Constitution The Constitution did not create a majoritarian democracy so majorities did 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.

78 LO 2.8 Summary 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.

79 The notion that the people must agree on who their rulers will be is referred to as LO 2.1 A. sanctity of property rights. B. natural rights. C. consent of the governed. D. limited government.

80 The notion that the people must agree on who their rulers will be is referred to as LO 2.1 A. sanctity of property rights. B. natural rights. C. consent of the governed. D. limited government.

81 The primary result of Shays Rebellion was to LO 2.2 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.

82 The primary result of Shays Rebellion was to LO 2.2 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.

83 LO 2.3 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.

84 LO 2.3 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.

85 Which of the following economic LO 2.4 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.

86 Which of the following economic LO 2.4 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.

87 The system of governance set up in the U.S. constitutional republic tends to. LO 2.5 A. favor the status quo and limit political change. B. be relatively efficient in producing political results. C. encourage direct democracy. D. centralize power.

88 The system of governance set up in the U.S. constitutional republic tends to. LO 2.5 A. favor the status quo and limit political change. B. be relatively efficient in producing political results. C. encourage direct democracy. D. centralize power.

89 The Bill of Rights was adopted primarily to. LO 2.6 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.

90 The Bill of Rights was adopted primarily to. LO 2.6 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.

91 Which of the following means of amending the Constitution has never been used to date? LO 2.7 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.

92 Which of the following means of amending the Constitution has never been used to date? LO 2.7 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.

93 The Constitution has been amended times to expand the electorate. LO 2.8 A. 5 B. 4 C. 3 D. 2

94 The Constitution has been amended times to expand the electorate. LO 2.8 A. 5 B. 4 C. 3 D. 2

95 Photo Credits 28: Jeff Fusco/Getty Images 29T: US Capitol Historical Society 29TC: New York Public Library Picture Collection 29TB: Hulton Picture Archive/Getty Images 29B: Luke Frazza/Getty Images 31: Joe Griffiths/Hulton Archive/Getty Images 32: US Capitol Historical Society 34L: Brown Brothers 34R: National Archives and Records Administration 37: Scribner s Popular History of the United States, : Yale University Library, Sterling Memorial Library 39: New York Public Library, Astor Lenox and Tilden Foundation 41T: DOONSBURY, GR Trudeau. Reprinted with permission of the Universal Press Syndicate. All Rights Reserved 42B: New York Public Library Picture Collection 47: National Geographic Photographer George Mobley/US Capitol Historical Society 52: Hulton Archive/Getty Images 55: By permission of Mike Lukovich and Creators Syndicate 58: Luke Frazza/Getty Images

Government in America: People, Politics, and Policy Thirteenth Edition, and Texas Edition Edwards/Wattenberg/Lineberry. Chapter 2.

Government in America: People, Politics, and Policy Thirteenth Edition, and Texas Edition Edwards/Wattenberg/Lineberry Chapter 2 The Constitution Constitution Definition A constitution is a nation s basic