Government and Politics of the USA
Lectures 2 & 3:
The US Constitution
Dr Simon Boucher ~ bouches@tcd.ie
Readings for today
Required reading…
• McKay chap 3
• Singh chap 3
Additional resources…
• Charles Beard, An Economic Interpretation of the
Constitution
• John Locke, Two Treatises of Government
• Howard Zinn, A People’s History of the United States
(Harper Chapter 5)
• Samuel Beer, To Make a Nation: The Rediscovery of
American Federalism
Plus see the course website…
http://uspoliticstcd.pbwiki.com/FrontPage
Agenda
• What is a constitution? Why relevant to
this course?
• Origins of US Constitution
• Drafting and ratification
• Content
• Evolution- amendment and interpretation
• Importance today
What is a Constitution?
• A framework within which government and the
process of ordinary law can take place; the
basic law on which all other laws are based
• Enables legislation and public policies, but
doesn’t determine them
• Explains which organs can exercise legislative
power, executive power and judicial power…
And what the limitations on those powers are
• Described as "a mirror reflecting the national
soul" because they recognize and protect the
values of a nation
Why study the US Constitution?
• Central to the birth of the US nation
• Fundamental principles remain relevant and
important
• Continues to impose limits and structure which
the major governmental institutions and political
groups operate within
• Despite massive social / economic change the
document has hardly changed in over 200
years
• The Constitution (and those who wrote it)
continue to possess fabled legitimacy within
the political system and in US culture
But don’t believe (all) the hype…
• “One of the most brilliant creations of man”
– Initially many doubted it would survive; was drawn up
on basis of bitter political bargaining and compromise
• “Easily adopted, quickly embraced”
– A very controversial document, whose ratification was
a close-run thing. Its popularity and political standing
have wavered over the years
• “Has barely changed in 200+ years”
– Words stay the same, meanings change
America circa 1760s
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3.5 million people
13 states
Largely agrarian
East coast mercantilism
Southern slave
plantations
Most colonists felt “true
born Englishmen”
Colonial rule “distant
and benign”
Colonists generally
content with political
status quo; little
nationalist fervour
Virginia, Massachusetts, Pennsylvania = 45% of population
Turning points
1760: George III on throne
Attempted to assert power in London over rising “Whigs”
Also attempted to assert control over colonists
Colonists believed George’s actions
were illegitimate, impinged on
“the rights of free citizens”.
Believed the London regime had
betrayed its own principles
“pamphleteers” infused spirit
of liberty and sense of
American independence
New concepts popularised:
men believed to possess
“inalienable” and
“individual” rights
American revolution not stereotypical;
a “conservative” revolution
Timeline
• 1760: George III on throne… New, more assertive era,
series of taxes and laws to impose will on colonists
• 1770: Boston Massacre
• 1773: British trade policy changes leads to Boston Tea
Party
• 1774: Further changed policies…. “intolerable acts”
• 1774: Colonial assemblies sent delegates to a national
“Continental Congress”
• 1775: Fighting breaks out in Massachusetts. Second
Continental Congress
• 1776: Continental Congress adopted Declaration of
Independence- 4th of July
Declaration of Independence
“We hold these truths to
be self-evident, that
all men are created
equal, that they are
endowed by their
Creator with certain
unalienable Rights,
that among these are
Life, Liberty and the
pursuit of
Happiness. That to
secure these rights,
Governments are
instituted among
Men”.
http://en.wikipedia.org/wiki/United_States_Declaration_of_Independence
Declaration of Independence
Timeline
• 1777: Continental Congress adopted Articles of
Confederation. new system of govt established
• 1777-81: War of Independence
• 1781: Congress of Confederation replaces Continental
Congress
• 1783: Armistice with the British. Moves to strengthen the
Articles begin
• 1787: 55 state representatives assemble in Philadelphia
to produce new Constitution. 4 months of work
The “Framers”
Who were the 55 state representatives in Philadelphia?
• Delegates from state
legislatures not directly elected
• Well educated individuals
• Men of property and
status
• Relatively young
The “Framers”
What influenced them?
• Contemporary concerns
• Long term judgement
• Intellectual context of the time
– Social contract theory
– Representation
– Separation of powers
– Federalism
– Limited government /
political power
Constitutional negotiations: method
• Agreed to very clear and well organised rules of
procedure- expedited matters
• Worked to self-imposed deadlines
• Drew on contemporary political theories / examples
(France)
• Met in secret, discussions remained entirely confidential,
no formal record of voting – allowed delegates change
mind, facilitated genuine dialogue and pragmatic
compromise
• Produced a “fait accompli”
Constitutional negotiations: highlights
• Articles of Confederation left by wayside from beginning;
negotiations based on ambitious Virginian proposals
• General agreement on need for stronger central
government of some form. State sovereignty would have
to give way to national sovereignty
• Deep divisions over power of central government,
electoral mechanisms etc
• Key moments:
– The “great compromise”
– The “3/5ths compromise”
• A “Bill of Rights” considered unnecessary
• Delegates on all sides preferred to compromise rather
than end the Union
Signing of the Constitution
The outcome
The Founding Fathers wanted
firm, cautious, responsible government
• Achievements
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–
–
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Limited both political power and “excessive” democracy
Prevented abuse of power by elected officials
Promoted commerce and protected property
Promoted acceptance of government through popular elections
• Key principles
–
–
–
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Effective government
Limited government
Accountability to the people
Supremacy of the Constitution
• Intended “to stand the test of time”. Details vague
“So future governments, in different times under different circumstances,
would not be circumscribed to too many detailed constraints”
The outcome
“We the People of
the United States,
in order to form a more
perfect Union, establish
justice, insure domestic
tranquility, provide for
the common defence,
promote the general
welfare, and secure the
blessings of Liberty to
ourselves and our
posterity, do ordain and
establish this
Constitution for the
United States of
America”.
Ratification- context
• Ratification was not a foregone conclusion. Ratification
required by 9 of 13 states
• 13 separate campaigns, involving different individuals,
moving at different rates
• Geographic division- commercial interests of large
towns, coast and big land owners vs. rural areas
• Intense debate… Federalists better organised and had
most prominent individuals
• “Federalist Papers”- 85 public essays in defence of the
Constitution
• Smaller states most enthusiastic, as security concerns
greatest; debate strongest in large states
The Anti-Federalists’ Concerns
• Fear of a tyrannical central government
• Fear that the Founding Fathers were an urban,
intellectual, economic elite
• In some cases, fear that the Constitution was
overly conservative
• No Bill of Rights in the Constitution
• Large and small state governments’ concerns
Ratification- outcome
• 5 states quickly ratified by early 1788
• By June 1788, 9th state (New Hampshire) ratified, putting
constitution into effect
• Campaigns continued in major states to ensure
legitimacy
• Final state to “join the union” = Rhode Island in 1790
• Generally, once the decision was taken in each state,
opponents pragmatically fell into line
• To appease Antifederalists, the Bill of Rights was quickly
added and ratified by states in 1791. This helped win
over laggard states
Content of Constitution
Constitution has 7 Articles, each
containing several sections.
1.
2.
3.
4.
5.
6.
7.
The legislative branch
The executive branch
Judicial branch
National unity and power
Amending the constitution
National supremacy
Ratification
The Constitution’s formal durability
• Durability considered comparatively remarkable. Has
remained (more or less) the same since ratification in 1789
• 11,000 amendments proposed since 1789. Congress has
only officially proposed 29 of these, of which the States
have accepted only 27
• Durability supported by:
– Ideological respect
– Cumbersome amendment process
Amendment process:
1. Amendments proposed by 2/3rds of House AND Senate
2. Ratified by 3/4s of state legislatures or by a
convention in 2/3rds of states
Nature of amendments
• The 27 amendments have typically made the constitution
more democratic
• First 10 constitute the Bill of Rights. Give the government
clearer and more restricted boundaries, safeguarding
citizens from abuse of power
• Of the remaining 17:
– Some minor, e.g. two concern prohibition
– Remainder concern structure, composition and power of
government and expansion of the electorate
– Consistent with the conception of the Constitution as “higher law”
• Notable amendments include:
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1804: Reform of Electoral College
1870: Right to Vote
1913: Direct Election of Senators
1920: Women’s right to vote
1951: Limit term of President
The Constitution’s informal adaptability
Successful constitutions cannot be too precise –
They must be flexible and open to interpretation.
• The Constitution is intentionally short and vague
• Establishes guidelines and rules, but says very little
about precise power of institutions
• Although the text has barely changed, major shifts in
interpretation include:
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Assertion of federal over state power
Assertion of executive over legislative power
Emergence of the Supreme Court as final arbiter of Constitution
Protection of individual rights under the federal government
• Bottom line: “the Constitution is what the judges say”
Important today?
• Remains the major source of authority in the US political
system, continuing to serve original aims
– Provides checks and balances
– Delineates institutional power
– Protecting citizens’ rights, etc
• Symbolic value
– Glue for the melting pot: “creates a shared nationhood”
– Blind veneration over the last 100 years- “Cult of Constitution
almost Biblical”
“The US Constitution evokes
not merely simple admiration,
but also a feeling more of reverence”
In conclusion…
Useful links:
• http://www.usconstitution.net/
• http://www.archives.gov/national-archivesexperience/charters/constitution.html
Next week:
Federalism and the separation of powers
Reading for next week:
• McKay chapter 4
• Singh chapter 4
If you want to take the class…
• Sign up to a class list today to join the
class email list
• Check out the course website
• Get stuck into the reading material
• Visit some US politics news websites, add
them as favourites on your computer