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?”