1. The Origins of the Constitution 2. The Government That Failed: 1776 1787 3. Making a Constitution: The Philadelphia Convention 4. Critical Issues at the Convention 5. The Madisonian System 6. Ratifying the Constitution 7. Changing the Constitution 8. Understanding the Constitution Summary
Life was good in the colonies (Slaves excepted, of course) Self-governing (Sovereign?) Freedoms from British oppression (religion?)
Irritants New taxes to finance French & Indian War Enforcement of trade regulations No representation in Parliament Consent of the governed? Protests & boycotts First Continental Congress Sept. 1774
Reconciliation or revolution? Thomas Paine's Common Sense Fanned, incited, inspired revolutionary sentiments
24 ½ inches wide & 29 ¾ high Author? Thomas Jefferson Co-author? John Locke Document RATIONALLY outlined our grievances & justified revolution
John Locke Natural rights Life, liberty, property Purpose of government is to protect Consent of the governed Limited government Right to overthrow
Individualism Rule by the people New ideas incubated in a unique environment Winning independence not easy Revolutionaries needed foreign assistance (F) A conservative revolution? Not a major change, just securing rights
State-dominated government League of friendship amongst states Unicameral legislature No judiciary No executive (no president) No power to tax No power to regulate commerce Feared strong central government
Increases in liberty, democracy If you were a white male New middle class Artisans Farmers Elite power felt threatened Legislatures held governmental power Controlled governors
FIGURE 2.2 Power shift: Economic status of state legislators before & after the Revolutionary War
Postwar economic depression Shays' Rebellion (1786) Farmers attack courthouses to prevent foreclosures Neither national nor state govt. could respond Elites privately put down rebellion Scribner s Popular History of the US, 1897
LESSON? Need for STRONG NATIONAL GOV TO PROTECT PROPERTY AND MAINTAIN ORDER (via standing army)
#1 goal Revise the AoC Not enough state reps showed Factions developed Different plans for Congress Wouldn t agree on BoR Shays Rebellion interrupted Annapolis meeting Constitutional Convention To Revise the AoC OR Not to Revise
Who attended CC? 55 delegates from 12 states Wealthy planters, lawyers, merchants Goal of this convention Write a new constitution Majority vs. Minority issues High principles versus selfinterest Human nature Political conflict Purpose of government Nature of government
The Equality Issue The Economic Issues The Individual Rights Issues
Equal Representation in Senate / House proportionate to population C. stopped import of slavery (1808) but silent on issue of slavery 3/5 of slaves for representation in house Finessed issue. Let states decide qualifications for voting
Interstate tariffs (taxes) Worthless paper money Loan issues associated w/ $$ Congress could not raise revenue b/c of recession Congress given economic power? Limit economic interference of states New government must repay debts of $54 million (1.6 billion today)
Preserving individual rights a priority Personal freedoms in the Constitution Suspension of habeas corpus prohibited (present the body) Bills of attainder prohibited (no trial) Ex post facto ("after the facts ) laws prohibited Religious qualifications for office prohibited Strict rules for what constitutes treason Right to trial by jury (criminal)
Thwarting Tyranny of Majority Limiting majority control Separation of powers Checks & balances Constitutional Republic End of the Beginning
Thwarting Majority Place as much of Gov. as possible beyond direct control of majority 17 th Amendment 1913
Creating a republic Direct democracy not feasible Representative democracy Separating powers & checks & balances make change slow Is policymaking inefficient? Franklin voiced
But was it Sept. 17 th, 1787 ratified yet? George Mobley/United States Capitol Historical Society
Declaration of Independence Annapolis Convention (aborted) The Constitution Bill of Rights Constitutional Convention Great Compromise Federalist papers 1776-1791 Ratification of the Constitution Articles of Confederation 1776 1781 1786 1787 1788 1789 1791 Revolutionary War Shay s Rebellion
New Jersey Plan Virginia Connecticut plan Bicameral (VP) Upper house (Senate) receives equal votes (2) from each state (NJP) Lower House (House of Representatives) representation based on population (VP) Connecticut
Ratification process Federalists v. Anti- Federalists Intense debate to see how the country should be run
Federalists Supported Constitution Bigger, Strong central gov Federalist Papers Alexander Hamilton, James Madison, John Jay Anti-Federalists Opposed Constitution Smaller weaker central gov No protection for civil liberties States' power would weaken
Founding Fathers warning to future generations Avoid factions Political parties Interest groups
IS Judicial Review The SC INTERPRETS constitutional or unconstitutional
Formal Amending Process Informal Process Importance of Flexibility
Process of formally altering or adding to a document or record. Article V describes process
Founders believed that the Constitution should be flexible enough to adapt to changing times.
Article 1, Sect 8 Clause 18 The Congress shall have power To make all laws which shall be necessary & proper for carrying into execution the foregoing powers, & all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof. Constitution meant to be flexible Many decisions left up to Congress Flexibility key to survival World's oldest Constitution Elastic clause Necessary and Proper EXAMPLE?
7,000+ proposed only 27 passed FF s made process difficult Establishing stability & security thru a respect for rule of law
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Most changes informal Basic legislation Help America Vote Act of October 29, 2002 Actions of the president Climate Change Decisions by supreme court Same sex marriage Marbury v Madison
2.8 The Constitution & Democracy The Constitution & the Scope of Government
2.8 Original Constitution created a republic, not a democracy Framers thought elites should govern Representative democracy allowed Constitution to become more democratic From elitism to pluralism Voting qualifications left up to states 5 amendments have expanded electorate More officials chosen by popular election
Constitution designed to limit government & protect liberties Broad participation possible Effects of separation of powers All groups can be heard Encourages stalemate Effects of checks & balances Gridlock or ineffective policy 2.8