Chapter 2
Constitution
Sources of the Constitution
I.
British customs and traditions, e.g.
Magna Carta and English Bill of Rights
A.
[yet only 4% of Englishmen had suffrage in
late 18th C.]
...here is a law which is
above the King and which
even he must not break.
This reaffirmation of a
supreme law and its
expression in a general
charter is the great work
of Magna Carta; and this
alone justifies the respect
in which men have held it.
--Winston Churchill, 1956
II. Colonial experiences, e.g. power of
elected assembly
When Englishmen left their
homeland to establish colonies
in the New World, they
brought with them charters
guaranteeing that they and
their heirs would "have and
enjoy all liberties and
immunities of free and
natural subjects." Scant
generations later, when these
American colonists raised
arms against their mother
country, they were fighting
not for new freedoms but to
preserve liberties that dated
to the 13th century.
III. Colonial Charters and State Constitutions
Signing of the Mayflower Compact
IV. Experience under the Articles of
Confederation (and weakness thereof)
What astonishing changes a few years are capable of
producing! I am told that even respectable characters
speak of a monarchical form of government without
horror. From thinking proceeds speaking, thence to acting
is often but a single step. But how irrevocable &
tremendous! What a triumph for the advocates of
despotism to find that we are incapable of governing
ourselves, and that systems founded on the basis of equal
liberty are merely ideal & falacious! Would to God that
wise measures may be taken in time to avert the
consequences we have but too much reason to apprehend.
-George Washington, letter to John Jay August 15, 1786
Constitutional Convention, 1787
I.
Background
A.
Declaration of Indep.  Rev. War  Articles
of Confederation & its weakness
What were the weaknesses of the Articles?
B.
C.
Annapolis Convention, 1786 called to
improve the Articles poor attendance
Shays' Rebellion, 1786  became clear that
the Articles of Conf. needed to be altered
Constitutional Convention: Delegates
I.
Characteristics: "well-read, well-fed, well-bred,
well-wed"
The big names
II.
A.
B.
C.
D.
E.
F.
Madison: "Father of the Constitution"; leadership,
detailed notes of proceedings, Federalist Papers
Washington: presiding officer
Franklin: elder statesman
Morris: largely responsible for final wording
Hamilton: most forceful advocate for strong central
government
others?
Constitutional Convention:
Areas of agreement
1.
2.
3.
4.
5.
6.
7.
8.
Virginia Plan became agenda  scrap the
Articles of Confederation
establish a republican government
establish a constitutional government
establish a balanced government where no
single interest dominates
suffrage for property owners only
stronger central government
protection of property rights
keep the proceedings secret
Ratification process
I.
Federalists
A.
views:
1.
2.
B.
feared excesses of democracy
favored strong central government and
government by competing elites (Madison in
Federalist 10).
Hamilton, Madison, Washington, Jay.
Ratification Process
I.
Antifederalists
A.
views:
1.
2.
B.
feared concentration of power in elites, strong
central government (favored states), and lack of
a Bill of Rights.
Believed government should be closer to the
people.
Henry, Mason, Gerry and Jefferson
Principles of the Constitution
A.
Federalism: Dividing power between the
states and the national government
1.
2.
3.
enumerated powers example: Article 1,
Section 8 Coin money, conduct foreign
relations, declare war, establish courts,
provide army and navy
reserved powers ex.: conduct state
elections, Ratify amendments to the federal
Constitution, Establish local governments
concurrent powers ex.: tax, borrow
money, establish courts, make and enforce
laws
Principles of the Constitution, cont’d
A. Limited government
1. Federal government has only
those powers listed in
Constitution
2. Bill of Rights--safeguard against
possible tyranny from a new,
strong, distant government. Fear
of state governments too?
Principles of the Constitution, cont’d
I.
Separation of Powers
1.
Tyranny was government that controlled all
3 branches
a.
b.
division of power between executive, legislative,
and judicial branches was necessary—Madison
Division and competition forces congress to check
itself
“You better check yo self, before
you wreck yo self.” –Ice Cube
Principles of the Constitution, cont’d
A.
Checks and Balances
1.
2.
system of restraints
Example: veto, override, appointment and
confirmation, treaty-making and ratification,
defense funding and Commander-in Chief.
3. Political independence within each branch: including
not being dependent upon the other two for election
(OK the Court, but confirm by Senate + life term)
4. Staggering of terms of each branch
5. Levels of gov’t could serve as checks on each other
a. Factions, groups with distinct political interests, would
b.
balance the system.
Coalitions (alliance of factions) would be necessary to
rule, argues Madison in Federalist 51, but they would
be moderate because of the variety of factions
included
Principles of the Constitution, cont’d
A.
Judicial Review
1.
2.
3.
Power of courts to strike down laws or
government actions
Not explicitly provided for (Constitution
written in broad terms)--leads to need for
interpretation--most logically falls to the
courts
established by Marbury v. Madison, 1803.
a.
Opinion: the Court, NOT Congress had the power
to review acts of Congress
Changing the Constitution informally
I.
Due to difficulties of formal changes,
informal ways developed
A.
B.
C.
D.
Acts of Congress--Judiciary Act of 1789 (est. federal
court system)
Judicial rulings-- Brown v. Board, Roe v. Wade etc.
Presidential actions-- police actions, executive
privilege, and impoundment.
Customs and traditions--Cabinet, political parties,
committee system in Congress, senatorial courtesy,
legislative veto, pres. nominating conventions.