CHAPTER 2
The Constitution
Constitution
 What is constitution
 Nation’s basic laws
 How did we get the US constitution?
 Declaration of independence
 Mostly written by Thomas Jefferson
 English Heritage
 John Locke’s theory of natural rights, consent of
the governed, and limited government
 Jefferson
 Equal creation, unalienable rights, rule instead
of be ruled
The Constitution
 The Articles that failed
 Why?
 Shays rebellion
 Series of attacks on courthouses to block
foreclosure proceedings
 Made the elite think about people taking
the law into their own hands , violating
property rights of others
 The failed Annapolis meeting in 1786
The Constitution
 Philadelphia Convention met to write the
new constitution
 Problem of Equality Issues
 New Jersey Plan
 Equal representation by states, regardless of
population size
 Virginia Plan
 Representation based on population of state
 Connecticut Compromise
 3/5’ s Compromise
The Constitution
 Originally there was no specific protection of
individual rights.
 Did prohibit suspension of the writ of habeas corpus
 Court order requiring jailers to explain why they are
holding a prisoner in custody
 No ex post facto laws
 Strict rules and outlines for conviction of treason
 Right to trial by jury in criminal cases
 No religious qualifications for holding office
 No bills of attainder
 Punish people without a judicial trial
The Madisonian Model
 Framers believed that human nature was
self-interested
 Wealth inequalities were main source of
political conflict
 Protecting private property was key for
governments
 Fear that an unwealthy majority would
tyrannize the wealthy minority
 How do you reconcile economic inequality
with political freedom?
The Madisonian Model
 Place as much of the government as
possible beyond the direct control of
the majority
 Separate the powers of different
institutions
 Construct a system of checks and
balances
The Madisonian Model
 Limiting Majority Control
 House is in direct control by the majority
 State legislature elects senators and
special electors to select the president
 Judges nominated president
 Separating Power
 Power shared among the 3 branches
 Each branch is independent so that no
one branch takes control
The Madisonian Model
 Creating Checks and Balances
 Because power is shared, each branch needs
consent of the others for many of its actions
 Marbury v. Madison
 Establishes power of judicial review
 Power to hold actions of the other 2 branches
unconstitutional
 Establishing a Federal System
 Divide power between national and state
government
 Delegates to the constitutional
convention had changed the
democracy to a republic
 Form of government in which the people
select representatives to govern them
and make laws
 Madisonian model encourages
moderation and compromise and
slows change
Ratifying the Constitution
 Federalists-supporters of the constitution at
the time the states were contemplating its
adoption
 Anti-federalists-opponents of the
constitution at the time the states were
adopting it
 Federalist Papers
 Collection of 85 articles written by Alexander
Hamilton, John Jay, and James Madison (under
the name “Publius” to defend the constitution
 First 10 amendments added to the
constitution to persuade anti-federalists
Bill of Rights
1- R.A.P.P.S
2-Right to bear arms
3-No quartering of soldiers
4-No unreansonable search and
seizures
 5-Grand jury indictment for serious
crime
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 Double Jeopardy, Perjure oneself, due
process
Bill of Rights
 6-Speedy and public trial by impartial jury
 Legal counsel, informed of charges, compel the
attendance of favorable witness (subpoena)
 7-trial by jury in civil matters
 8-No excessive bail or fines, no cruel and
unusual punishment
 9-unlisted rights are not necessarily denied
 10-powers not given to natl. govt. or
denied to stated are reserved for states or
people
Amending the Constitution
 Congress proposes amendment by
2/3 vote in each house
 State Legislature ratifies by a ¾ vote
 Used for every amendment except 21st
 Congress proposes amendment by
2/3 vote in each house
 State convention ratifies with ¾ vote
 Repealed 21st amendment (prohibition)
Amending the Constitution
 National Convention proposes amendment
requested by 2/3 of the state
 State legislature ratifies with 3/4 vote
 National Convention proposes amendment
requested by 2/3 of the state
 State convention ratifies with 3/4 vote
 NEVER BEEN USED
Informal process of Constitutional
Change
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Judicial Interpretation
Changing Political Practice
Technology
Increasing demands on policymakers
The flexibility of the constitution has
ensured its survival