The Constitution
Chapter 2
Pre-Test

What is a constitution? In what ways is a
constitution key to democracy?
Constitution

Definition
– A nation’s basic law. It creates political
institutions, assigns or divides powers in
government, and often provides certain
guarantees to citizens.
The U.S. Constitution

It is brief (originally just 7 Articles)
 It established the U.S. as a federal republic
composed of three branches (legislative,
executive, and judicial)
 Over time, it’s been amended to account for
U.S.’s changing size and political systems
The Origins of the Constitution

Declaration of Independence (1776)
– Lists grievances against the king of England
– Justifies revolution

The “Conservative” Revolution
– Restored rights the colonists felt they had lost
– Not a major change of lifestyles
Age of Enlightenment

View film clip
 Read handout
 Discuss questions in pairs
Age of Enlightenment

From 1650-1800
 Ideas from philosophers of this age
influenced those who wrote the US
Constitution greatly
 People had rights; dictatorships were
immoral
 Why did they believe government was
necessary?
Natural Rights / Age of
Enlightenment

The idea of natural rights
– Philosophy of John Locke
– All are born with natural rights: life, liberty, &
property
– Consent of the governed: a government is
legitimate only if the people approve of it
– Limited government: natural rights are superior
to government; therefore, government should
have limited power
Articles of Confederation: A
Metaphor…

How might a young person who had very strict /
protective parents (tight curfew, lots of limits on
when and where you could go) react during their
first year of college away from home?
 In balance, do you think their upbringing would be
a benefit or a cost? Why?
– Show film clip
– Look for What, How, & Why did it fail
The Articles of Confederation
(1776-1787)

What: The first document to govern the
United States
 Why: Designed to preserve the
independence of the states
 So What: Ultimately a failure; national
government was too weak!
National Government under
the Articles of Confederation

Unicameral national legislature
 No executive or judicial institutions
 Most power rests with state legislatures
 No power to tax
 No regulation of foreign or interstate trade
 No national currency
 No national defense
Weaknesses of the Articles

With no power to tax, the national
government couldn’t repay its war debts
 With no ability to establish and regulate
trade, the national economy stalled
 The states were NOT unified but
independent states with different political,
economic and social concerns
 No ability to raise a militia leads to unrest
Shay’s Rebellion

What? A small band of farmers in
Massachusetts rebelled by attacking
courthouses to prevent judges from
foreclosing on their farms
 Under the Articles, neither Congress nor the
state was able to raise militia to stop them
 Significance: Final proof that the national
government was too weak under Articles
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,
continued

Philosophy into Action: All delegates believed…
– Human Nature: People were self-interested; a strong
government was necessary
– Political Conflict: inequality of wealth caused most
conflicts; factions had to be checked
– Objects of Government: Government must protect the
rights of individuals to hold and acquire property and
wealth
– Nature of Government: Must have checks on all
aspects of government to prevent abuse of power
The Agenda in Philadelphia
Equal Representation of the
people in the legislature

Equality of States: Two Plans for structure of
Legislature were proposed

New Jersey Plan: each state should be allowed the
same # of representatives in the national Congress
– This favored small states

Virginia Plan: Representation in the national
Congress should be based on a state’s population
– This favored large states
Structure of the Legislature

Connecticut Compromise / Great Compromise
– Established a bicameral (two house) congress
– Senate would include two representatives from
each state
– House would be based on state population

Three-fifths Compromise
– Only 3/5 of slaves counted in determining state
representation for southern states (later repealed
by 14th Amendment)
Economic Powers
The Agenda in Philadelphia

The Individual Rights Issues
– Some were written into the Constitution:

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



Writ of habeas corpus (must explain charges to prisoners)
No bills of attainder (punishment without trial)
No ex post facto laws (punishment for act that wasn’t illegal
when committed)
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 / expression
Rights of the accused
The Madisonian Model




Limiting Majority (and Minority) Control
– No direct election of President or Senators
Separating Powers
– Divided national gov’t into three branches, each with its
own powers and responsibilities
Creating Checks and Balances
– To ensure no branch becomes too powerful, each can
restrain the others
Establishing a Federal System
– Shared power between national and state gov’ts
The Madisonian Model

The Constitution and the Electoral Process: The Original
Plan (Figure 2.2)
The Madisonian Model
Figure 2.3
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 - changes are slow
Ratifying the Constitution

The approval of at least nine states was
needed to ratify the Constitution; it did not
come easily
 Federalists: supported passage of the
Constitution
 Anti-Federalists: favored more power for
the states
Ratifying the Constitution
Ratifying the Constitution

Show film clip The Purpose and Intent of
the Founders
(http://www.hippocampus.org/History%20
%26%20Government)
 As you watch, look for
– What were the Federalist Papers?
– What is the Bill of Rights?
– Who wanted the Bill of Rights and why?
Anti-Federalists




Feared that the Constitution favored an elite
minority
Believed that the Constitution failed to protect
too many individual freedoms
Believed that a strong national government
would limit the power of the states
Published articles denouncing the Constitution
as a tool of the aristocracy
Federalists

Supported passage of the Constitution
 Wrote The Federalist Papers
– A collection of 85 articles written by Alexander
Hamilton, John Jay, and James Madison under the
name “Publius” to defend the Constitution.

Added the 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.
– Provide civil liberties—protections against gov’t action
Formal Amendment

Changes the actual words of the
Constitution
 There have been only 27 Amendments

Activity: Look at 27 Amendments
– What patterns / big picture observations can
you make about their nature/content?
– Which do you think are most important? Why?
Formal Amendments

It is difficult to change the words of the
Constitution
 The amendments collectively have made the
U.S. Constitution more democratic by
expanding voting rights and securing civil
liberties
Process



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Proposal: An amendment is proposed first
By 2/3 of Congress
OR
By a national convention called by Congress at the
request of 2/3 of the states’ legislatures)
Ratification means acceptance. There are two
ways to ratify a proposed amendment:
By ¾ of the state legislatures accepting it
OR
By ¾ of the states accepting it in a statewide
convention (21st Amendment only)
Constitutional Change
Figure 2.4
Formal Amendments

26 Amendments have passed in this way:
– Proposed by 2/3 of each house of Congress and
– Accepted by ¾ of the state legislatures

1 Amendment has passed this way:
– Proposed by 2/3 of each house of Congress and
– Accepted by ¾ of states in state conventions
(Prohibition)
Informal Amendment

The meaning of the Constitution Changes
without changing the words
 Most constitutional changes are made this
way
– Judicial Interpretation
– Changing Political Practice
– Technology
*Activity: Venn Diagram (with examples)
Informal Amendment:
Methods
1.
Basic Legislation
– Details were added by Congresses
– Ways it interprets the Constitution and carries out its
duties
2.
Executive Actions
– Presidential power grows in times of crisis
– Executive Agreement
3. Supreme Court Decisions
– Marbury v. Madison
Informal Amendments
Methods
4. Political Parties
– Nomination process
– Election process
5. Custom
– Cabinet
– 2 terms per President
– Presidential succession
Judicial Review

The power of the courts to determine
whether acts of Congress and the President
are in accord with the U.S. Constitution

Established in the 1803 case Marbury v.
Madison