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
To Form A More Perfect Union
 Definition
o 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
 What are some non-government examples of a
“constitution”?
 The rules are not neutral; some participants and policy
options have advantages over others.
 The
Road to Revolution
o Colonists faced tax increases
after the French and Indian
War.
o Colonists lacked direct
representation in parliament.
• Salutary Neglect
o Colonial leaders formed the
Continental Congress to
address abuses of the
English Crown.
 Declaring
Independence
o In May and June 1776, the Continental Congress
debated resolutions for independence.
o The Declaration of Independence, which listed the
colonists grievances against the British, is adopted on
July 4, 1776.
o Politically, the Declaration was a polemic, announcing
and justifying revolution.
o In what ways was this declaration dangerous for the
members of the Continental Congress?
 The
English, John Locke Heritage:
The Power of Ideas
o Natural rights: rights inherent in human beings, not
dependent on government
o Consent of the governed: government derives its
authority by sanction of the people
o Limited Government: certain restrictions should be
placed on government to protect natural rights of
citizens
Winning
Independence
o In 1783, the American colonies prevailed in their
war against England.
The
“Conservative” Revolution
o Restored rights the colonists felt they had lost
o Not a major change of lifestyles
How
was this different than the French
revolution?
 The
Articles of Confederation
o The first document to govern the United States, it
was adopted in 1777 and ratified in 1781.
o It established a confederation, a “league of
friendship and perpetual union” among 13 states and
former colonies.
o Congress had few powers; there was no president or
national court system.
o All government power rested in the states.
 The
Articles of Confederation
o Why was there a problem with a weak national
government?
o Do you think the states would feel more
obligated to support themselves or the
Confederation?
o What affect did this have on the centralization of
power in America?
 Changes
in the States
o Liberalized voting laws increased political participation
and power among a new middle class.
o An expanding economic middle class of farmers and
craft workers counterbalanced the power of the old elite
of professionals and wealthy merchants.
o Ideas of equality spread and democracy took hold.
 Economic Turmoil
o Postwar depression left farmers unable to pay debts
o State legislatures sympathetic to farmers and passed laws that
favored debtors over creditors
o So what do you think the debtors did?
o How does this affect interstate relations? The Economy?
 Shays’ Rebellion
o Series of attacks on courthouses by a small band of farmers led
by Revolutionary War Captain Daniel Shays to block foreclosure
proceedings.
o Economic elite concerned about Articles’ inability to limit these
violations of individual’s property rights
o Why couldn’t the government do anything about this under the
Articles?
The
Aborted Annapolis Meeting
o An attempt to discuss changes to the Articles
of Confederation in September 1786
o Attended by only 12 delegates from 5 states
o Called for a meeting in May 1787 to further
discuss changes—the Constitutional
Convention
Gentlemen
in Philadelphia
o 55 men from 12 of the 13 states
o Mostly wealthy planters & merchants
o Most were college graduates with some political
experience
o Many were coastal residents from the larger
cities, not the rural areas
 Philosophy
into Action, they agreed on:
o Human Nature,
• which is self-interested
o Political Conflict,
• which leads to factions
o Objects of Government:
• including the preservation of property
o Nature of Government,
• which sets power against power so that no one
faction rises above and overwhelms another
 The
Equality Issues
o Equality and Representation of the States
• New Jersey Plan — equal representation in states
• Virginia Plan — population-based representation
• Connecticut Compromise — Congress and House
o Slavery
• Three-fifths compromise
o Political Equality and voting left to states
The
Economic Issues
o States had tariffs on products from other
states
o Paper money was basically worthless
o Congress couldn’t raise money
o Actions taken:
• Powers of Congress to be strengthened
• Powers of states to be limited
The
Individual Rights Issues
o Some were written into the Constitution:
• Prohibits suspension of writ of habeas corpus
• No bills of attainder, punishment without trial
• Religious qualifications for holding office prohibited
• Strict rules of evidence for conviction of treason
• Right to trial by jury in criminal cases
o Some were not mentioned
• Freedom of speech and expression
• Rights of the accused
Who
is James Madison?
o Page 143 in your books.
To
prevent a tyranny of the majority, Madison
proposed a government of:
o Limiting Majority Control
o Separating Powers
o Creating Checks and Balances
o Establishing a Federal System
 The
Constitutional Republic
o Republic: A form of government in which the
people select representatives to govern them and
make laws
o Favors the status quo – change is slow
 The
End of the Beginning
o The document was approved, but not unanimously.
Now it had to be ratified.
Federalist
Papers
o 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
o The first 10 amendments to the U.S. Constitution,
drafted in response to some of the AntiFederalist concerns about the lack of basic
liberties
Ratification
o Lacking majority support, the Federalists
specified that the Constitution be ratified by
state conventions, not state legislatures.
o Delaware first ratified the Constitution on
December 7, 1787.
o New Hampshire’s approval (the ninth state to
ratify) made the Constitution official six
months later.
Equal
Rights Amendment (ERA),
o Never Ratified
The
Informal Process of Constitutional
Change
o Judicial Interpretation
• Marbury v. Madison (1803): judicial review
o Changing Political Practice: parties, election
changes
o Technology: mass media
o Increasing Demands on Policymakers
 The
Constitution is short, with fewer than 8,000
words.
 It does not prescribe every detail.
o 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.
 The
Constitution and Democracy
o The Constitution is rarely described as democratic.
o There has been a gradual democratization of the
Constitution.
 The
Constitution and the Scope of
Government
o Much of the Constitution reinforces individualism
and provides multiple access points for citizens.
o It also encourages stalemate and limits
government.
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.