Chapter 2
The Constitution
Political Philosophy
• John Locke’s Natural Rights philosophy states:
• the government’s role is to protect life, liberty and property
• Consent of the governed
• Limited government protects natural rights.
Revolution
• The American Revolution represents an overthrow of
a system of government based on widespread popular
support.
• It did not cause widespread societal change like the
Russian, Chinese, or Iranian revolutions.
The Government That Failed
• The Articles of Confederation
• The first document to govern the United
States.
• Established a confederation among 13
states.
• Why a Confederation?
• Unitary system provided a tyranical
parliament
• Congress had few powers; no president
or national court system.
• Most government power rested in the
states…. They wanted Sovereignty
The Government That Failed
• Economic Turmoil
• Postwar depression left farmers unable to pay debts
• 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.
Economic strife showed the national gov’t couldn’t
protect its citizens.
• Failed Annapolis Convention, 1786.
Sources of the Constitution
A.Colonial experiences, e.g., power of elected assembly.
B. State constitutions written after the Declaration of
Independence, e.g., Preamble closely resembles the
introduction to the Mass. Constitution.
C. Experiences under Articles of Confederation, e.g., lack
of power to tax and regulate currency and interstate
commerce.
D. British customs and traditions, e.g., Magna Carta and
English Bill of Rights.
Making a Constitution:
The Philadelphia Convention
• Gentlemen in
Philadelphia
• 55 men from 12 of the
13 states (RI not there)
• Mostly wealthy planters
& merchants
• Most were college
graduates with some
political experience
• Many were coastal
residents from the larger
cities, not the rural areas
“Well-read, well-bred, well-fed,
and well-wed.”
• Madison
• “Father of Const.” because of leadership and detailed notes of
proceedings.
• Brilliant advocate for strong national government…initial plan
• Washington
• presiding officer; chosen unanimously
• Franklin
• “elder statesman.”
• Morris
• largely responsible for final wording of Const.
• Hamilton
• most forceful advocate for strong central government.
Areas of agreement
1. Scrap the Articles of Confederation.
2. Establish a republican govt.
3. Establish a constitutional govt.
4. Establish a balanced govt. where no single interest
dominated.
5. Suffrage for property owners only.
6. Stronger central govt. than under the Articles.
7. Protection of property rights.
8. 1 State=1 Vote…simple majority rules
The Philadelphia Convention,
continued
• Assumptions
• Human Nature is selfinterested
• Political Conflict leads to
factions
• Objects of Government
include the preservation of
property
• Nature of Government sets
power against power so that no
one faction rises above and
overwhelms another
The Constitution
The new Constitution needed to answer 5 Q’s. . .
a) How should the government rule?
b) Who should rule?
c) How will the people participate equally?
d) How to keep factions from establishing a tyrannical
environment?
e) How to keep government from becoming too
tyrannical? –
Equality Issues:
Representation
Equality Issues: Other
Compromises
• Slavery
• Three-fifths compromise (taxes and represent)
• Ending Slave Trade
• Slaves are not specifically mentioned in the Constitution, but there is a
reference to persons “not free.
• Voting Requirements were left to the states.
• Election of the President
• Life term v. annual election --- > compromise of a 4-year term.
• Method of election:
• Congress v. state legislatures v. direct election
• Compromise: Electoral College system.
Economic Issues
• States had tariffs on
products from other
states
• Paper money was
basically worthless (14
currencies)
• Congress couldn’t raise
money
The Agenda in Philadelphia
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 rights were not specified
• But were we being ruled by “men” or by laws?
• To protect us from these “men” the Bill of
Rights would be added to protect us from
gov’t. . .a recollection of all the ills that the
colonists resented under British rule.
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 Constitution and the Electoral Process
The Madisonian Model
Outline of Constitution
• Article 1: Legislative Branch (12, 14)
• Article 2: Executive Branch (13, 14)
• Article 3: Judicial Branch (4, 5, 16)
• Article 4: Interstate Relations (3)
• Article 5: Amending the Constitution (2)
• Article 6: Debts, Supremacy, Oaths (3)
• Article 7: Ratifying the Constitution (2)
Ratification
Two Sides
• Federalists
• Without a national Gov. Anarchy
would triumph.
• Only a strong Nat. Gov. Can
protect the new nation against
foreign enemies.
• Bill of rights not necessary
because 8 states already had
written constitutions
• Anti-Federalists
• Demanded a bill of rights
• Were afraid of central authority
infringing individual liberties.
• Extralegal (not sanctioned by
law) only authorized to revise
Articles.
• Criticized for being drafted in
secrecy.
Federalist Advantages
• Were better represented in state legislatures.
• Controlled the press.
• Began ratification procedures quickly before
Antifederalists could get organized.
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 (12 Proposed)
• The first 10 amendments to the
U.S. Constitution, drafted in
response to some of the AntiFederalist concerns about the lack
of basic liberties
Federalist Papers
Madison, Hamilton, and Jay—get the Constitution
ratified!!!
Federalist 10
 Factions will unite to pursue selfish goals—NOT THE
NATIONAL INTERESTS
 Control factions— 1) destroy liberty
citizens the same opinions/passions
2)give all
 Greatest cause of factions—UNEQUAL
DISTRIBUTION of PROPERTY
 If minority—remove by regular majority vote
 If in majority– large republic will help disperse factions
by balancing them
Federalist 51
• Key to maintaining separation of powers lies in
checks and balances
• Because man has a lust for power, must pit branches
against each other for control
• Each branch must be checked in accordance with its
power
• THEREFORE—divide inherently powerful
legislature and strengthen executive
Federalist 78
• Written by Hamilton to explain the structure of the Judiciary Branch
• Believed the courts should have the power of judicial review
• Believed it would be the weakest of the three because it had "no influence
over either the sword or the purse, ...It may truly be said to have neither
FORCE nor WILL, but merely judgment."
• Believed the judiciary would not be able to overpower the political
branches
• Congress controls the money flow
• The President controls the military
• Courts do not have the same clout from a constitutional design standpoint. The
judiciary depends on the political branches to uphold its judgments.
• Believed the judiciary was the "least dangerous" branch.
• Believed federal judges should retain life terms as long as they exhibit good
behavior.
Ratifying the Constitution
• Ratification
• 9/13 states were needed to
ratify.
• Lacking majority support, the
Federalists specified that the
Constitution be ratified by state
conventions, not state
legislatures.
• New Hampshire’s approval (the
ninth state to ratify) made the
Constitution official six months
later.
Changing the
Constitution formally
• Legacy of Articles
• Unanimous vote to amend ---> impractical --> desire to
make process easier, but not too easy.
• Reasons for recent popularity of proposing
Amendments (e.g., balanced budget, D.C.
statehood, ERA).
• Dissatisfaction by interest groups with court decisions.
• Gridlock in Congress.
• Time limits for ratification
• generally 7 years (exception of ERA and the 27th).
Formal Constitutional Change
Informal Constitutional
Change
• Judicial Interpretation
• Marbury v. Madison (1803): judicial
review
• Changing Political
Practice/Parties
• Technology
• Increasing Demands on
Policymakers
The BILL OF RIGHTS
-amendments #1-10
1. Freedom of
•
•
•
•
•
Religion
Speech
Press
Gather together
Petition the government
2. Right to own a gun
3. Right not to have soldiers live in your house
Continued
4. Right to not to have the police search you or your
belongings unreasonably or without cause
5.Right to not incriminate yourself, be charged with the
same offense twice, and right to have due process
6.Right to speedy criminal trial, have a jury in a criminal
trial
7.Right to have a jury in a civil trial
Conclusion
8. Freedom from cruel and unusual punishment
9. Rights specifically listed in the Constitution (federal)
shall not limit the rights in the Constitution (state) or the
people. Constitutional rights do not deny other rights.
10.Powers not specifically listed in the Constitution for the
federal government are given to the states.
Summary
• The Constitution was ratified
to strengthen the powers of the
national government.
• Protection of individual rights
guaranteed through the Bill of
Rights.
• Formal and informal changes
continue to shape our
Madisonian system of
government.
Six Principals of
Constitution
• Judicial Review
• Checks and Balances
• Separation of Powers
• Federalism
• Limited Government
• Popular Sovereignty