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Key Terms
•Government: procedures and institutions by which
people govern and rule themselves.
• Why Is Government Necessary?
   Order          Authority
   Liberty        Legitimacy
•Politics: the process by which
 people decide who shall govern
 and what policies shall be
 adopted.
•Politicians: people who fulfill
 the tasks of operating
 government.
“Politicians are like diapers. They both need changing regularly
and for the same reason.”                          - Anonymous
Key Terms
       Forms of Government
  •   Totalitarian       •   Theocracy
  •   Authoritarianism   •   Oligarchy
  •   Aristocracy        •   Monarchy
  •   Democracy          •   Anarchy

Derived from the Greek words demos
(“the people”) and kratos (“authority”).
Key Terms
 •Political Science: the study of the principles,
 procedures, and structures of government; and
 the analysis of political ideas, institutions,
 behaviors, and practices.
•Democracy: a political form of
government carried out either
directly by the people or by
means of elected representatives
of the people, with free and
frequent elections.
“Democracy is not so much a form of
government as a set of principles.”    Thomas Jefferson, one of our
                                        best-known champions of
                    - Woodrow T.        constitutional democracy
Wilson
Whose Words are These?
  “Political competition is the
  heartbeat of democracy…”

  “Today, the quality of our state
  does not match civil society’s
  readiness to participate in it.”


  “The problem…comes from the
  lack of transparency and
  accountability of government...”
Defining Democracy
       Democracy                     Direct Democracy
Government by the people,        Government in which citizens
either directly or indirectly,     vote on laws and select
   with free and frequent           officials more directly
          elections

Representative Democracy          Constitutional Democracy
Government that derives its          Government that enforces
 powers indirectly from the       recognized limits on those who
                                 govern and allows the voice of the
people, who elect those who
                                  people to be heard through free,
        will govern
                                    fair, and relatively frequent
                                              elections
Direct Democracy

• Political decisions are    • Initiative
  made by the people
                             • Referendum
  directly, rather than by
  their elected              • Recall
  representatives
• Attained most easily in
  small political
  communities.

                                     (AP Photo/Nam Y. Huh)
American Government and
       Politicians in Context
•Government by the people requires faith
concerning common human enterprise.
•Constitutional democracy requires constant
attention to protecting the rights and opinions
of others.
•Constitutional democracy is necessarily
government by representative politicians.


Is Direct Democracy Dangerous?
A Democratic Republic
Democratic republic and representative
democracy really mean the same thing -
government based on elected
representatives - except for the historical
quirk that a republic cannot have a
vestigial king.                               (National Portrait Gallery)




  • Principles of Democratic Government
      – Universal suffrage
      – Majority rule
  • Constitutional Democracy
      – Limited government
Defining Democracy
• Conditions Conducive To Constitutional
   Democracy
    •Educational conditions - Democracy puts a
   premium on education
   •Economic conditions - Extremes of poverty and
   wealth undermine the possibilities for a healthy
   constitutional democracy
   •Social conditions - Overlapping associations and
   groupings, so that allegiance to one group is not
   overpowering
   •Ideological conditions - Acceptance of the
   ideals of democracy and a willingness from the majority to
   proceed democratically
Defining Democracy
• Democracy As A System Of Interacting
  Values
   • Personal liberty
                               Democracy
   • Respect for the
     individual
   • Equality of         Demos         Kratos
                       (The People)  (authority)
     opportunity
   • Popular consent
                                     Government by
These basic values of democracy do     the People
   not always coexist happily.
Defining Democracy

•Democracy As A System of Interrelated
Political Processes
   •Fair and free elections
   •Majority rule
   •Freedom of expression
   •The right to assemble and protest

“Democracy encourages the majority to decide things about
which the majority is blissfully ignorant.”     - John Simon
Defining Democracy
•Democracy As A System Of
Interdependent Political Structures
   •Federalism
   •Separation of powers
   •Bicameralism
   •Checks and Balances
   •Bill of Rights
Separation of Powers
The Constitutional Roots of the
         American Experiment
•The Colonial Beginnings
•Mayflower Compact - Legalized the Pilgrim’s position as
a body politic
•Colonial assemblies - Every colony in the New World had
an assembly

•The Rise of Revolutionary Fervor
•The 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.
Chronology of Events
American Revolution begins on 04/18 /1775
Second Continental Congress convenes on 05/10/1775
Ben Franklin presents a plan for confederation on 07/21/1775
Richard Henry Lee introduces independence resolution on 06/07/1776
Declaration of Independence adopted on 07/04/ 1776 – “That to secure
these rights, Governments are instituted among Men, deriving their
just powers from the consent of the governed, That whenever any Form
of Government becomes destructive of these ends, it is the Right of the
People to alter or to abolish it, and to institute new Government, laying
its foundation on such principles and organizing its powers in such
form, as to them shall seem most likely to effect their Safety and
Happiness.”
Third Continental Congress convenes on 12/20/1776
Articles of Confederation proposed on 11/15 /1777
Articles of Confederation ratified on 03/01/1781
English declare hostilities at an end on 02/04/1783
America declares hostilities at an end on 04/11/1783
Revolutionary War Ends (Treaty of Paris) on 01/14/1784
Constitutional Convention opens on 05/25/1787
Final draft of the Constitution sent to Congress on 09/17/1787
The Colonial Background

Separatists were dissatisfied
with the Church of England
and sought a place where they
could practice their religious
beliefs.
The compact they formed set
forth the idea of consent of     (The Granger Collection)



the governed.
British Restrictions & Colonial Grievances
 In 1763, the British Parliament began to pass laws that
 treated the colonies as a unit. The major reason for these
 laws was to raise revenue to help pay off the war debt
 incurred during the French and Indian Wars (1756–1763).

             First Continental Congress
 The focus was to restore the political structure that was in
 existence before the passage of legislation affecting the
 internal operations of each colony by Parliament.
 Had the Crown and Parliament relented on many of their
 demands it is possible the Declaration of Independence
 would never have been issued.
Second Continental Congress


Established an army
Made Washington the
general in chief and
pursued the
Revolutionary War

                           Painting by John Trumbull, 1819, Library of Congress
The Political Theory and Practices of the
           Revolutionary Era

• Conflicts over the meaning of democracy and
  liberty in the new nation
   – Initially, the Revolution was fought to preserve an
     existing way of life.
   – Traditional rights of life, liberty, and property seemed
     to be threatened by British policies on trade and
     taxation.
   – The Revolution was inspired by a concern for liberty
     together with the development of sentiments for
     popular sovereignty and political equality.
Prelude to the Declaration of
         Independence
• Delegates to the Second Continental Congress did not
  originally have independence in mind.
• By the spring of 1776, delegates concluded that
  separation and independence were inescapable.
• A special committee was appointed to draft a declaration
  of independence.
• The Declaration of Independence was unanimously
  adopted by the Second Continental Congress on July 4,
  1776.
The Rise of Republicanism

Republicanism vs. The Republican Party
While republicans were opposed to rule by the
British, they were also opposed to rule by any
central authority. They were even skeptical of
a permanent union of the states.
Each state was seen as the sovereign authority
and the only legitimate ruling force.
The Declaration of Independence


The Influence of John Locke
Natural Rights
Social Contract
                              © Archivo Iconografico S.A. /Corbis




                                             © Bettmann /Corbis
Key ideas in the Declaration of
            Independence
• Human beings possess rights that cannot be
  legitimately given away or taken from them.
• People create government to protect these
  rights.
• If government fails to protect people’s rights or
  itself becomes a threat to them, people can
  withdraw their consent from that government
  and create a new one
Omissions in the Declaration of
           Independence


• Did not deal with the issue of what to do about
  slavery
• Did not say anything about the political status
  of women, Native Americans, or African
  Americans who were not slaves
The Articles of Confederation:
Our First Form of Government
States retained most of
the power
Citizens loyal to their
state
The Confederal
Government
Structure Under the
Articles of
Confederation
                          Library of Congress
The Articles of Confederation: The
        First Constitution

• Provisions of the Articles
  – A loose confederation of independent states
  – Weak central government
• Shortcomings of the Articles
  – Indebtedness and inability to finance its activities
  – Inability to defend American interests in foreign affairs
  – Commercial warfare among the states
Accomplishments Under the Articles

Articles established to:
 Organize the states so they could defeat the British
 forces
 Gain independence from Britain
        Weaknesses of the Articles
Still no central authority to resolve disputes between the
states. To organize the states for the collective good,
including the organization of a militia, was crucial to the
development of the Constitutional Convention.
The Constitutional Roots of the
       American Experiment
•Toward Unity and Order
   •The Articles of Confederation - Adopted on March 1, 1781
   to bring the thirteen states together while allowing each state to
   remain independent

   •Shays’s Rebellion - Economic depression of mid-1780s
   •Daniel Shays - Rallied farmers to demand change from
   government

•Tensions Over Big Government Today
   • How much power should the American government have and what
    role should it play in the lives of citizens?
Shay’s Rebellion,
          1786
  Widespread economic problems
  among farmers at the end of the
  Revolutionary War
  Nonpayment of taxes and debts led
  to foreclosure proceedings and
  imprisonment for debt.
                                                        © Bettmann/Corbis

• Farmers in western Massachusetts took up arms to prevent
  courts from meeting
• Armed farmers led by Captain Daniel Shays forced the ill-
  equipped state militia to withdraw.
• By the spring of 1787, special armed forces recruited from the
  Boston area defeated the rebels.
Aftermath of Shay’s Rebellion
• Shay’s Rebellion reinforced the fears of national leaders
  about the dangers of ineffective state governments and
  of popular democracy out of control.
• In this climate of crisis, a call was issued to meet in
  Philadelphia to correct defects in the Articles of
  Confederation.
• Delegates to the Philadelphia convention were instructed
  to propose revisions for the Articles of Confederation,
  but they wrote an entirely new constitution instead.
Why the Founders Were Worried

• An Excess of Democracy in the States
  – In the mid-1780s, popular conventions were
     established to monitor and control the actions of state
     legislators.
   – The Pennsylvania state constitution replaced the
     property qualifications as a requirement to vote with a
     very small tax.
• The Threat to Property Rights in the States
   – Popular opinion
   – Stay acts
   – Shay’s Rebellion
The Articles and the Constitution
Convening the Constitutional Convention

• Consensus that a new Constitution was
  desperately needed
• Yet, growing concern by influential citizens
  about democratizing and egalitarian
  tendencies
The Constitutional Convention

• By 1787, most of America’s leaders were
  convinced that the new nation was in great
  danger of failing.
• Delegates to the Constitutional Convention
  – Wealthy men, well-educated, landowners
  – Young, but with broad experience in American politics
  – Familiar with the great works of Western philosophy
    and political science
Debate Over the Intentions of the
               Framers
• Historian Charles Beard: The framers were engaged in
  a conspiracy to protect their personal economic
  interests.
• Although the reality is surely more complex, broad
  economic and social-class                  motives were
  likely important.
Factions Among Delegates
  The beliefs of the delegates ranged
  from the near-monarchism of Hamilton
  to definite decentralized republicanism.
                                              © Archivo Iconografico, S.A./Corbis
The Constitutional Convention of
              1787
Consensus Among the Delegates

• Agreement that a new constitution must replace the
  the Articles of Confederation
• Republican form of government
• Support for a substantially strengthened national
  government
• Concern that a strong national government is
  potentially tyrannical
• Belief in a republican form of government based on
  popular consent
• Desire to insulate government from public opinion
  and popular democracy
TABLE: The Virginia and New Jersey Plans
Virginia Plan                   New Jersey Plan
Legitimacy derived from         Derived from states, based
citizens, based on popular      on equal votes for each
representation                  state
Bicameral legislature           Unicameral legislature

Executive size                  More than one person,
undetermined, elected           removable by state
and removable by                majority
Congress

Judicial life tenure, able to   No Judicial power over states
veto state legislation
Table: The Virginia and New Jersey Plans
Virginia Plan                  New Jersey Plan
Legislature can override    Government can compel
state laws                  obedience to national laws

Ratification by citizens    Ratification by states

A Council of Revisions to   A “Supremacy clause”
review national laws        similar to Article VI of
                            Constitution
Disagreement Among the Delegates
• Representation of the states in the legislature
• Status of slavery
• Selection of the President
Overall, Conflict Often Centered Around Disagreements
  Between Large and Small States.
                      Slavery
• Three-fifths Compromise
• Enactments against the slave trade were prohibited until
  the year 1808, but a tax or duty on such importation was
  permitted.
• Return of runaway slaves
Overall, these provisions explicitly recognize the legal
  standing of slavery
Conflict and Compromise:
           The Conflict                             The Compromise
State-based approach versus an                  House of Representatives:
   individual-based approach               Proportional; Senate: Equal number
                                            of representatives from each state


           The Conflict                             The Compromise
The fact that Northerners hated slavery    Slaves counted as three-fifths of a
 worried Southerners, who feared that         free person; protection of the
their greater representation in Congress   Atlantic Slave Trade for at least 20
      would be used to end slavery
                                                          years
          The Conflict                             The Compromise
Southerners feared that the North’s         Slaves counted as three-fifths of a free
greater representation in Congress         person in determining representation in
  would be used to end slavery                  the House of Representatives;
                                           protection of the Atlantic slave trade for
                                                       at least 20 years
Understanding the Constitution — What
         the Framers Created
• Republican form of government
  – Popular consent and some popular participation, but
    barriers to majoritarian democracy
                                                  Library of Congress

  – Purposes and powers of                   government
    limited


  The Madisonian Model
     Separation of powers
     Checks and balances
The Struggle to Ratify the Constitution

• Delegates had been instructed to propose
  alterations to the Articles of Confederation, but
  they wrote an entirely new Constitution instead.

• Ratification was a difficult process.
   – Federalists — favored
                    ratification
   – Anti-Federalists — opposed
                           ratification
To Adopt or Not to Adopt?
•Federalists Versus Antifederalists




•The Politics of Ratification
       The Federalist Papers
   – James Madison
   – Alexander Hamilton
   – John Jay
      The “Brutus” Essays
Ratification of the U.S. Constitution
  State                Date          Vote
Delaware         December 7, 1787    30 - 0
Pennsylvania     December 12, 1787   46 - 23
New Jersey       December 18, 1787   38 - 0
Georgia          January 2, 1788     26 - 0
Connecticut      January 9, 1788     128 - 0
Massachusetts    February 6, 1788    187 - 168 *
Maryland         April 28, 1788      63 - 11
South Carolina   May 23, 1788        149 - 73 *
New Hampshire    June 21, 1788       57 - 46 *
Virginia         June 25, 1788       89 - 79 *
New York         July 26, 1788       30 - 27 *
North Carolina   November 21, 1789   194 - 77 *
Rhode Island     May 29, 1790        34 - 32 *
Ratifying Amendments




The Time for Ratification of the 27 Amendments to the Constitution
Four ways to Amend the Constitution
Four ways to Amend the Constitution




• Cope with any new and unforeseen problem
• Taken on with extreme caution
• Rigorous process
Amending the Constitution
• Although 11,000 amendments have been
  considered by Congress, only 33 have been
  submitted to the states after being approved,
  and only 27 have been ratified since 1789.

11,000                                     27
              The Bill of Rights
• A “Bill of Limits”
• No explicit limits on state government powers
• Did not apply to state governments

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Democracy

  • 1. Key Terms •Government: procedures and institutions by which people govern and rule themselves. • Why Is Government Necessary? Order Authority Liberty Legitimacy •Politics: the process by which people decide who shall govern and what policies shall be adopted. •Politicians: people who fulfill the tasks of operating government. “Politicians are like diapers. They both need changing regularly and for the same reason.” - Anonymous
  • 2. Key Terms Forms of Government • Totalitarian • Theocracy • Authoritarianism • Oligarchy • Aristocracy • Monarchy • Democracy • Anarchy Derived from the Greek words demos (“the people”) and kratos (“authority”).
  • 3. Key Terms •Political Science: the study of the principles, procedures, and structures of government; and the analysis of political ideas, institutions, behaviors, and practices. •Democracy: a political form of government carried out either directly by the people or by means of elected representatives of the people, with free and frequent elections. “Democracy is not so much a form of government as a set of principles.” Thomas Jefferson, one of our best-known champions of - Woodrow T. constitutional democracy Wilson
  • 4. Whose Words are These? “Political competition is the heartbeat of democracy…” “Today, the quality of our state does not match civil society’s readiness to participate in it.” “The problem…comes from the lack of transparency and accountability of government...”
  • 5. Defining Democracy Democracy Direct Democracy Government by the people, Government in which citizens either directly or indirectly, vote on laws and select with free and frequent officials more directly elections Representative Democracy Constitutional Democracy Government that derives its Government that enforces powers indirectly from the recognized limits on those who govern and allows the voice of the people, who elect those who people to be heard through free, will govern fair, and relatively frequent elections
  • 6. Direct Democracy • Political decisions are • Initiative made by the people • Referendum directly, rather than by their elected • Recall representatives • Attained most easily in small political communities. (AP Photo/Nam Y. Huh)
  • 7. American Government and Politicians in Context •Government by the people requires faith concerning common human enterprise. •Constitutional democracy requires constant attention to protecting the rights and opinions of others. •Constitutional democracy is necessarily government by representative politicians. Is Direct Democracy Dangerous?
  • 8. A Democratic Republic Democratic republic and representative democracy really mean the same thing - government based on elected representatives - except for the historical quirk that a republic cannot have a vestigial king. (National Portrait Gallery) • Principles of Democratic Government – Universal suffrage – Majority rule • Constitutional Democracy – Limited government
  • 9. Defining Democracy • Conditions Conducive To Constitutional Democracy •Educational conditions - Democracy puts a premium on education •Economic conditions - Extremes of poverty and wealth undermine the possibilities for a healthy constitutional democracy •Social conditions - Overlapping associations and groupings, so that allegiance to one group is not overpowering •Ideological conditions - Acceptance of the ideals of democracy and a willingness from the majority to proceed democratically
  • 10. Defining Democracy • Democracy As A System Of Interacting Values • Personal liberty Democracy • Respect for the individual • Equality of Demos Kratos (The People) (authority) opportunity • Popular consent Government by These basic values of democracy do the People not always coexist happily.
  • 11. Defining Democracy •Democracy As A System of Interrelated Political Processes •Fair and free elections •Majority rule •Freedom of expression •The right to assemble and protest “Democracy encourages the majority to decide things about which the majority is blissfully ignorant.” - John Simon
  • 12. Defining Democracy •Democracy As A System Of Interdependent Political Structures •Federalism •Separation of powers •Bicameralism •Checks and Balances •Bill of Rights
  • 14. The Constitutional Roots of the American Experiment •The Colonial Beginnings •Mayflower Compact - Legalized the Pilgrim’s position as a body politic •Colonial assemblies - Every colony in the New World had an assembly •The Rise of Revolutionary Fervor •The 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.
  • 15. Chronology of Events American Revolution begins on 04/18 /1775 Second Continental Congress convenes on 05/10/1775 Ben Franklin presents a plan for confederation on 07/21/1775 Richard Henry Lee introduces independence resolution on 06/07/1776 Declaration of Independence adopted on 07/04/ 1776 – “That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.” Third Continental Congress convenes on 12/20/1776 Articles of Confederation proposed on 11/15 /1777 Articles of Confederation ratified on 03/01/1781 English declare hostilities at an end on 02/04/1783 America declares hostilities at an end on 04/11/1783 Revolutionary War Ends (Treaty of Paris) on 01/14/1784 Constitutional Convention opens on 05/25/1787 Final draft of the Constitution sent to Congress on 09/17/1787
  • 16. The Colonial Background Separatists were dissatisfied with the Church of England and sought a place where they could practice their religious beliefs. The compact they formed set forth the idea of consent of (The Granger Collection) the governed.
  • 17. British Restrictions & Colonial Grievances In 1763, the British Parliament began to pass laws that treated the colonies as a unit. The major reason for these laws was to raise revenue to help pay off the war debt incurred during the French and Indian Wars (1756–1763). First Continental Congress The focus was to restore the political structure that was in existence before the passage of legislation affecting the internal operations of each colony by Parliament. Had the Crown and Parliament relented on many of their demands it is possible the Declaration of Independence would never have been issued.
  • 18. Second Continental Congress Established an army Made Washington the general in chief and pursued the Revolutionary War Painting by John Trumbull, 1819, Library of Congress
  • 19. The Political Theory and Practices of the Revolutionary Era • Conflicts over the meaning of democracy and liberty in the new nation – Initially, the Revolution was fought to preserve an existing way of life. – Traditional rights of life, liberty, and property seemed to be threatened by British policies on trade and taxation. – The Revolution was inspired by a concern for liberty together with the development of sentiments for popular sovereignty and political equality.
  • 20. Prelude to the Declaration of Independence • Delegates to the Second Continental Congress did not originally have independence in mind. • By the spring of 1776, delegates concluded that separation and independence were inescapable. • A special committee was appointed to draft a declaration of independence. • The Declaration of Independence was unanimously adopted by the Second Continental Congress on July 4, 1776.
  • 21. The Rise of Republicanism Republicanism vs. The Republican Party While republicans were opposed to rule by the British, they were also opposed to rule by any central authority. They were even skeptical of a permanent union of the states. Each state was seen as the sovereign authority and the only legitimate ruling force.
  • 22. The Declaration of Independence The Influence of John Locke Natural Rights Social Contract © Archivo Iconografico S.A. /Corbis © Bettmann /Corbis
  • 23. Key ideas in the Declaration of Independence • Human beings possess rights that cannot be legitimately given away or taken from them. • People create government to protect these rights. • If government fails to protect people’s rights or itself becomes a threat to them, people can withdraw their consent from that government and create a new one
  • 24. Omissions in the Declaration of Independence • Did not deal with the issue of what to do about slavery • Did not say anything about the political status of women, Native Americans, or African Americans who were not slaves
  • 25. The Articles of Confederation: Our First Form of Government States retained most of the power Citizens loyal to their state The Confederal Government Structure Under the Articles of Confederation Library of Congress
  • 26. The Articles of Confederation: The First Constitution • Provisions of the Articles – A loose confederation of independent states – Weak central government • Shortcomings of the Articles – Indebtedness and inability to finance its activities – Inability to defend American interests in foreign affairs – Commercial warfare among the states
  • 27. Accomplishments Under the Articles Articles established to: Organize the states so they could defeat the British forces Gain independence from Britain Weaknesses of the Articles Still no central authority to resolve disputes between the states. To organize the states for the collective good, including the organization of a militia, was crucial to the development of the Constitutional Convention.
  • 28. The Constitutional Roots of the American Experiment •Toward Unity and Order •The Articles of Confederation - Adopted on March 1, 1781 to bring the thirteen states together while allowing each state to remain independent •Shays’s Rebellion - Economic depression of mid-1780s •Daniel Shays - Rallied farmers to demand change from government •Tensions Over Big Government Today • How much power should the American government have and what role should it play in the lives of citizens?
  • 29. Shay’s Rebellion, 1786 Widespread economic problems among farmers at the end of the Revolutionary War Nonpayment of taxes and debts led to foreclosure proceedings and imprisonment for debt. © Bettmann/Corbis • Farmers in western Massachusetts took up arms to prevent courts from meeting • Armed farmers led by Captain Daniel Shays forced the ill- equipped state militia to withdraw. • By the spring of 1787, special armed forces recruited from the Boston area defeated the rebels.
  • 30. Aftermath of Shay’s Rebellion • Shay’s Rebellion reinforced the fears of national leaders about the dangers of ineffective state governments and of popular democracy out of control. • In this climate of crisis, a call was issued to meet in Philadelphia to correct defects in the Articles of Confederation. • Delegates to the Philadelphia convention were instructed to propose revisions for the Articles of Confederation, but they wrote an entirely new constitution instead.
  • 31. Why the Founders Were Worried • An Excess of Democracy in the States – In the mid-1780s, popular conventions were established to monitor and control the actions of state legislators. – The Pennsylvania state constitution replaced the property qualifications as a requirement to vote with a very small tax. • The Threat to Property Rights in the States – Popular opinion – Stay acts – Shay’s Rebellion
  • 32. The Articles and the Constitution
  • 33. Convening the Constitutional Convention • Consensus that a new Constitution was desperately needed • Yet, growing concern by influential citizens about democratizing and egalitarian tendencies
  • 34. The Constitutional Convention • By 1787, most of America’s leaders were convinced that the new nation was in great danger of failing. • Delegates to the Constitutional Convention – Wealthy men, well-educated, landowners – Young, but with broad experience in American politics – Familiar with the great works of Western philosophy and political science
  • 35. Debate Over the Intentions of the Framers • Historian Charles Beard: The framers were engaged in a conspiracy to protect their personal economic interests. • Although the reality is surely more complex, broad economic and social-class motives were likely important. Factions Among Delegates The beliefs of the delegates ranged from the near-monarchism of Hamilton to definite decentralized republicanism. © Archivo Iconografico, S.A./Corbis
  • 37. Consensus Among the Delegates • Agreement that a new constitution must replace the the Articles of Confederation • Republican form of government • Support for a substantially strengthened national government • Concern that a strong national government is potentially tyrannical • Belief in a republican form of government based on popular consent • Desire to insulate government from public opinion and popular democracy
  • 38. TABLE: The Virginia and New Jersey Plans Virginia Plan New Jersey Plan Legitimacy derived from Derived from states, based citizens, based on popular on equal votes for each representation state Bicameral legislature Unicameral legislature Executive size More than one person, undetermined, elected removable by state and removable by majority Congress Judicial life tenure, able to No Judicial power over states veto state legislation
  • 39. Table: The Virginia and New Jersey Plans Virginia Plan New Jersey Plan Legislature can override Government can compel state laws obedience to national laws Ratification by citizens Ratification by states A Council of Revisions to A “Supremacy clause” review national laws similar to Article VI of Constitution
  • 40. Disagreement Among the Delegates • Representation of the states in the legislature • Status of slavery • Selection of the President Overall, Conflict Often Centered Around Disagreements Between Large and Small States. Slavery • Three-fifths Compromise • Enactments against the slave trade were prohibited until the year 1808, but a tax or duty on such importation was permitted. • Return of runaway slaves Overall, these provisions explicitly recognize the legal standing of slavery
  • 41. Conflict and Compromise: The Conflict The Compromise State-based approach versus an House of Representatives: individual-based approach Proportional; Senate: Equal number of representatives from each state The Conflict The Compromise The fact that Northerners hated slavery Slaves counted as three-fifths of a worried Southerners, who feared that free person; protection of the their greater representation in Congress Atlantic Slave Trade for at least 20 would be used to end slavery years The Conflict The Compromise Southerners feared that the North’s Slaves counted as three-fifths of a free greater representation in Congress person in determining representation in would be used to end slavery the House of Representatives; protection of the Atlantic slave trade for at least 20 years
  • 42. Understanding the Constitution — What the Framers Created • Republican form of government – Popular consent and some popular participation, but barriers to majoritarian democracy Library of Congress – Purposes and powers of government limited The Madisonian Model Separation of powers Checks and balances
  • 43. The Struggle to Ratify the Constitution • Delegates had been instructed to propose alterations to the Articles of Confederation, but they wrote an entirely new Constitution instead. • Ratification was a difficult process. – Federalists — favored ratification – Anti-Federalists — opposed ratification
  • 44. To Adopt or Not to Adopt? •Federalists Versus Antifederalists •The Politics of Ratification The Federalist Papers – James Madison – Alexander Hamilton – John Jay The “Brutus” Essays
  • 45. Ratification of the U.S. Constitution State Date Vote Delaware December 7, 1787 30 - 0 Pennsylvania December 12, 1787 46 - 23 New Jersey December 18, 1787 38 - 0 Georgia January 2, 1788 26 - 0 Connecticut January 9, 1788 128 - 0 Massachusetts February 6, 1788 187 - 168 * Maryland April 28, 1788 63 - 11 South Carolina May 23, 1788 149 - 73 * New Hampshire June 21, 1788 57 - 46 * Virginia June 25, 1788 89 - 79 * New York July 26, 1788 30 - 27 * North Carolina November 21, 1789 194 - 77 * Rhode Island May 29, 1790 34 - 32 *
  • 46. Ratifying Amendments The Time for Ratification of the 27 Amendments to the Constitution
  • 47. Four ways to Amend the Constitution
  • 48. Four ways to Amend the Constitution • Cope with any new and unforeseen problem • Taken on with extreme caution • Rigorous process
  • 49. Amending the Constitution • Although 11,000 amendments have been considered by Congress, only 33 have been submitted to the states after being approved, and only 27 have been ratified since 1789. 11,000 27 The Bill of Rights • A “Bill of Limits” • No explicit limits on state government powers • Did not apply to state governments