CH 2 SUM
DECLARATION OF INDEPENDENCE (1776)
WRITTEN BY THOMAS JEFFERSON
PHILOSOPHICAL JUSTIFICATION
LIST OF GRIEVANCES
ACTION TO BE TAKEN
1-PHILOSOPHY
2-GRIEVANCES
3-ACTION
CH 2 SUM
ARTICLES OF CONFEDERATION (1781)
“FIRM LEAGUE OF FRIENDSHIP”
SINGLE-CHAMBER CONGRESS
NO EXECUTIVE
NO NATIONAL COURTS
WEAKNESSES OF
THE ARTICLES OF CONFEDERATION
NO POWER TO TAX
NO REGULATION OF COMMERCE
EACH STATE INDEPENDENT
ONE VOTE PER STATE
9 / 13 REQUIRED TO PASS LAWS
STATE MILITIA BASED MILITARY
NO JUDICIAL SYSTEM
UNANIMOUS AMENDMENT PROCESS
THE RESULT…
NAT. GOV’T TOO WEAK
ECONOMY WAS STAGNATE
U.S.BEGAN TO DISSOLVE
“THE CRITICAL PERIOD”
CH 2 SUM
THE CONSTITUTION (1787)
CONNECTICUT COMPROMISE
3/5’S COMPROMISE
COMMERCE / SLAVE TRADE COMPROMISE
CH 2 SUM
RATIFICATION OF THE CONSTITUTION (1788)
FEDERALISTS
HAMILTON / MADISON / JAY
WANTED RATIFICATION
ANTI-FEDERALISTS
JEFFERSON
AGAINST RATIFICATION
THE COLONIAL MIND
BRITISH POLITICIANS
WERE CORRUPT
BELIEF IN HIGHER LAW
“NATURAL RIGHTS”
THE “REAL” REVOLUTION (IDEOLOGY )
WHAT MADE GOV’T AUTHORITY LEGITIMATE?
SOCIAL CONTRACT THEORY
HUMAN LIBERTY PRECEDED GOVERNMENT
LEGISLATIVE BRANCH MOST IMPORTANT
THEY REPRESENTED THE PEOPLE
Start Tuesday
HOBBES
LOCKE
ROUSSEAU
The Social Contract
Montesquieu: The Spirit of Laws
JAMES MADISON
“FATHER
OF THE
CONSTITUTION”
AND
FOURTH
U.S. PRESIDENT
GEORGE
WASHINGTON
PRESIDING
OFFICER
OF THE
CONSTITUTIONAL
CONVENTION
AND FIRST
U.S. PRESIDENT
NEW JERSEY REPRESENTATIVE TO THE
CONSTITUTIONAL CONVENTION
THEIR OWN SELF INTEREST ?
CHARLES BEARD
STATE ECONOMIC CONCERNS ?
MORE RECENT RESEARCH
PRACTICAL POLITICS ? (ROCHE)
HAD TO GET STATES’ APPROVAL
NO BILL OF RIGHTS
(WHICH LISTS IND. RIGHTS)
LIMITED MANY PEOPLE
BLACKS (SLAVERY)
WOMEN (NO VOTE)
NAT. AMERICANS (NO CIT.)
Edwards, Wattenberg, and Lineberry
Government in America: People, Politics, and Policy
Fourteenth Edition
Chapter 2
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 game
• The 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.
Origins of the Constitution
Origins of the Constitution
• Declaring Independence
• In May and June 1776, the Second
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.
Origins of the Constitution
• 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
Origins of the Constitution
• Winning Independence
• In 1783, the American colonies prevailed in
their war against England.
• The “Conservative” Revolution
• Restored rights 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.
The Government That Failed
• 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
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
The Philadelphia Convention
• Philosophy into Action
• Human Nature, which is self-interested
• Political Conflict, which leads to factions
• Objectives 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 & Representation of the States
• New Jersey Plan —equal representation in states
• Virginia Plan —population-based representation
• Connecticut Compromise
• Slavery
• Three-fifths compromise
• Individual equality/voting left to states
Basic Ideas of the Constitution
 Separation of powers between three branches.
 Checks and balances provide oversight.
 Government takes the form of a federal system.
Article I: Legislative Branch
 Bicameral, Senate and House.
 Sets out terms, selection, and apportionment.
 Section 8 lists enumerated powers.
 Final clause is necessary and proper clause.
 This is the basis for Congress’ implied powers.
Article II: Executive Branch
 President with a four-year term.
 Qualifications for and removal from office.
 Lists powers of the office.
 Commander in chief, treaties, appointments.
 Sets out State of the Union Address.
Article III: Judicial Branch
 Establishes only a Supreme Court.
 Sets boundaries of Supreme Court’s jurisdiction.
 Gives Congress the power to establish lower
courts.
Articles IV-VII
 Article IV includes full faith and credit clause.
 Article IV includes provisions about new states.
 Article V discusses amendment.
 Article VI contains the supremacy clause.
 Article VII contains provisions for ratification.
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 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
The Madisonian Model
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
• 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
• 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.
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.
Constitutional Change
• The Informal Process of Constitutional
Change
• Judicial Interpretation
• Marbury v. Madison (1803): judicial review
• Changing Political Practice
• Technology
• Increasing Demands on Policymakers
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.
AP CHAPTER 2 - OBJECTIVES
THE CONSTITUTION
1-EXPLAIN THE NOTION OF “HIGHER LAW” BY WHICH THE COLONISTS
FELT THEY WERE ENTITLED TO CERTAIN “NATURAL RIGHTS”. ALSO
LIST THOSE RIGHTS.
2-COMPARE THE BASIS ON WHICH THE COLONISTS FELT A
GOVERNMENT COULD BE LEGITIMATE WITH THE BASIS OF
LEGITIMACY THEN ASSUMED BY MONARCHIES.
3-LIST AND DESCRIBE THE SHORTCOMING OF THE ARTICLES OF
CONFEDERATION.
AP CHAPTER 2 - OBJECTIVES
THE CONSTITUTION
4-COMPARE AND CONTRAST THE VIRGINIA AND NEW JERSEY
PLAN, AND SHOW HOW THEY LED TO THE “GREAT
COMPROMISE”, AKA CONNECTICUT COMPROMISE.
5-EXPLAIN WHY SEPARATION OF POWERS AND FEDERALISM
BECAME KEY PARTS OF THE CONSTITUTION.
6-EXPLAIN WHY A BILL OF RIGHTS WAS NOT INITIALLY INCLUDED
IN THE CONSTITUTION AND WHY IT WAS ADDED.
7-LIST AND EXPLAIN THE TWO MAJOR TYPES OF CONSTITUTIONAL
REFORM ADVOCATED TODAY, ALONG WITH SPECIFIC REFORM
MEASURES.
AP CHAPTER 2 = IMPORTANT TERMS
ARTICLES OF CONFEDERATION
CHARLES A. BEARD
CONSTITUTION
CONSTITUTIONAL CONVENTION
DECLARATION OF INDEPENDENCE
FEDERALISM
FEDERALIST PAPERS
GREAT COMPROMISE
AP CHAPTER 2 = IMPORTANT TERMS
JOHN LOCKE
JAMES MADISON
NATURAL RIGHTS
NEW JERSEY PLAN
SEPARATION OF POWERS
SHAY’S REBELLION
VIRGINIA PLAN
AP CHAPTER 2 - IMPORTANT TERMS
AMENDMENT (CONSTITUTIONAL)
ANTIFEDERALISTS
BILL OF ATTAINDER
BILL OF RIGHTS
CHECKS AND BALANCES
COALITION
CONFEDERATION
AP CHAPTER 2 - IMPORTANT TERMS
EX POST FACTO LAW
FACTION
JUDICIAL REVIEW
LINE-ITEM VETO
MADISONIAN VIEW OF HUMAN NATURE
REPUBLIC
UNALIENABLE RIGHTS
WRIT OF HABEAS CORPUS
AP CHAPTER 2 = QUESTIONS
1-WHY, IF ONE IS CONCERNED WITH
PROTECTING HUMAN LIBERTY, WOULD ONE
WANT TO MAKE THE LEGISLATIVE BRANCH
OF GOVERNMENT DOMINATE, RATHER THAN
THE EXECUTIVE OR JUDICIARY?
2-WHAT FEATURES OF THE CONSTITUTION
MAKE IT DIFFICULT FOR GOVERNMENT TO
ACHIEVE ANYTHING? WHY WERE THEY
INCLUDED?
AP CHAPTER 2 = QUESTIONS
3-THE FRAGMENTATION OF POWER UNDER THE
CONSTITUTION (SEPARATION OF POWERS)
MAKES THE ENACTMENT OF PUBLIC POLICY A
SLOW PROCESS. CAN THE UNITED STATES
THRIVE , INDEED SURVIVE, IN A FAST PACED,
MODERN NUCLEAR AGE WHEN THE
GOVERNMENT CANNOT RESPOND QUICKLY?
4-HOW DID THE ORIGINAL CONCEPT OF THE
ELECTORAL COLLEGE REFLECT THE FOUNDERS’
DISTRUST OF DEMOCRACY? WHAT OTHER
CONSTITUTIONAL FEATURES LIMITED THE ROLE
OF POPULAR MAJORITIES?
AP CHAPTER 2 = QUESTIONS
5-EXPLAIN WHAT JEFFERSON MEANT
WHEN HE SAID THE TREE OF
LIBERTY MUST BE REFRESHED FROM
TIME TO TIME WITH THE BLOOD OF
PATRIOTS AND TYRANTS?”