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Government in America: People, Politics, and Policy
             Thirteenth AP* Edition
        Edwards/Wattenberg/Lineberry




                       Chapter 2
                 The Constitution


                                    Pearson Education, Inc., Longman © 2008
                                    Pearson Education, Inc., Longman © 2008
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.
                 Pearson Education,
                Inc., Longman ©
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.
                 Pearson Education,
                Inc., Longman ©
Origins of the Constitution
   European Claims in North America (Figure 2.1)




                     Pearson Education,
                    Inc., Longman ©
Origins of the Constitution
 Declaring   Independence
  – In May and June 1776, the 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.
                 Pearson Education,
                Inc., Longman ©
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
                 Pearson Education,
                Inc., Longman ©
Origins of the Constitution




        Pearson Education,
       Inc., Longman ©
Origins of the Constitution
 Winning   Independence
  – In 1783, the American colonies prevailed in
    their war against England.
 The   “Conservative” Revolution
  – Restored rights the colonists felt they had lost
  – Not a major change of lifestyles


                 Pearson Education,
                Inc., Longman ©
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.
                 Pearson Education,
                Inc., Longman ©
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.         Pearson Education,
                Inc., Longman ©
The Government that Failed




        Pearson Education,
       Inc., Longman ©
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
                   Pearson Education,
                  Inc., Longman ©
The Government That Failed
 The   Aborted Annapolis Meeting
  – An attempt to discuss changes to the Articles of
    Confederation in September 1786
  – Attended by only 12 delegates from 5 states
  – Called for a meeting in May 1787 to further
    discuss changes—the Constitutional
    Convention

                 Pearson Education,
                Inc., Longman ©
Making a Constitution:
 The Philadelphia Convention
 Gentlemen   in Philadelphia
  – 55 men from 12 of the 13 states
  – Mostly wealthy planters & merchants
  – Most were college graduates with some
    political experience
  – Many were coastal residents from the larger
    cities, not the rural areas

                Pearson Education,
               Inc., Longman ©
The Philadelphia Convention,
         continued
 Philosophy   into Action
  – Human Nature, which is self-interested
  – Political Conflict, which leads to factions
  – Objects 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
                 Pearson Education,
                Inc., Longman ©
The Agenda in Philadelphia
 The   Equality Issues
  – Equality and Representation of the States
      New Jersey Plan—equal representation in states

      Virginia Plan—population-based representation

      Connecticut Compromise

  – Slavery
        Three-fifths compromise
  – Political Equality and voting left to states
                 Pearson Education,
                Inc., Longman ©
The Agenda in Philadelphia




        Pearson Education,
       Inc., Longman ©
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



                 Pearson Education,
                Inc., Longman ©
The Agenda in Philadelphia




        Pearson Education,
       Inc., Longman ©
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
                         Pearson Education,
                        Inc., Longman ©
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


                Pearson Education,
               Inc., Longman ©
The Madisonian Model
   The Constitution and the Electoral Process: The
    Original Plan (Figure 2.2)




                     Pearson Education,
                    Inc., Longman ©
The Madisonian Model




      Pearson Education,
     Inc., Longman ©
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.
                 Pearson Education,
                Inc., Longman ©
Ratifying the Constitution




        Pearson Education,
       Inc., Longman ©
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


                      Pearson Education,
                     Inc., Longman ©
Ratifying the Constitution




        Pearson Education,
       Inc., Longman ©
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.
                  Pearson Education,
                 Inc., Longman ©
Constitutional Change




      Pearson Education,
     Inc., Longman ©
Constitutional Change
 The
    Informal Process of Constitutional
 Change
  – Judicial Interpretation
      Marbury v. Madison (1803): judicial review

  – Changing Political Practice
  – Technology
  – Increasing Demands on Policymakers

                  Pearson Education,
                 Inc., Longman ©
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.


                   Pearson Education,
                  Inc., Longman ©
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.


                     Pearson Education,
                    Inc., Longman ©
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.
               Pearson Education,
              Inc., Longman ©

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Constitution Chapter Summary

  • 1. Government in America: People, Politics, and Policy Thirteenth AP* Edition Edwards/Wattenberg/Lineberry Chapter 2 The Constitution Pearson Education, Inc., Longman © 2008 Pearson Education, Inc., Longman © 2008
  • 2. 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. Pearson Education, Inc., Longman ©
  • 3. 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. Pearson Education, Inc., Longman ©
  • 4. Origins of the Constitution  European Claims in North America (Figure 2.1) Pearson Education, Inc., Longman ©
  • 5. Origins of the Constitution  Declaring Independence – In May and June 1776, the 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. Pearson Education, Inc., Longman ©
  • 6. 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 Pearson Education, Inc., Longman ©
  • 7. Origins of the Constitution Pearson Education, Inc., Longman ©
  • 8. Origins of the Constitution  Winning Independence – In 1783, the American colonies prevailed in their war against England.  The “Conservative” Revolution – Restored rights the colonists felt they had lost – Not a major change of lifestyles Pearson Education, Inc., Longman ©
  • 9. 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. Pearson Education, Inc., Longman ©
  • 10. 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. Pearson Education, Inc., Longman ©
  • 11. The Government that Failed Pearson Education, Inc., Longman ©
  • 12. 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 Pearson Education, Inc., Longman ©
  • 13. The Government That Failed  The Aborted Annapolis Meeting – An attempt to discuss changes to the Articles of Confederation in September 1786 – Attended by only 12 delegates from 5 states – Called for a meeting in May 1787 to further discuss changes—the Constitutional Convention Pearson Education, Inc., Longman ©
  • 14. Making a Constitution: The Philadelphia Convention  Gentlemen in Philadelphia – 55 men from 12 of the 13 states – Mostly wealthy planters & merchants – Most were college graduates with some political experience – Many were coastal residents from the larger cities, not the rural areas Pearson Education, Inc., Longman ©
  • 15. The Philadelphia Convention, continued  Philosophy into Action – Human Nature, which is self-interested – Political Conflict, which leads to factions – Objects 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 Pearson Education, Inc., Longman ©
  • 16. The Agenda in Philadelphia  The Equality Issues – Equality and Representation of the States  New Jersey Plan—equal representation in states  Virginia Plan—population-based representation  Connecticut Compromise – Slavery  Three-fifths compromise – Political Equality and voting left to states Pearson Education, Inc., Longman ©
  • 17. The Agenda in Philadelphia Pearson Education, Inc., Longman ©
  • 18. 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 Pearson Education, Inc., Longman ©
  • 19. The Agenda in Philadelphia Pearson Education, Inc., Longman ©
  • 20. 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 Pearson Education, Inc., Longman ©
  • 21. 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 Pearson Education, Inc., Longman ©
  • 22. The Madisonian Model  The Constitution and the Electoral Process: The Original Plan (Figure 2.2) Pearson Education, Inc., Longman ©
  • 23. The Madisonian Model Pearson Education, Inc., Longman ©
  • 24. 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. Pearson Education, Inc., Longman ©
  • 25. Ratifying the Constitution Pearson Education, Inc., Longman ©
  • 26. 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 Pearson Education, Inc., Longman ©
  • 27. Ratifying the Constitution Pearson Education, Inc., Longman ©
  • 28. 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. Pearson Education, Inc., Longman ©
  • 29. Constitutional Change Pearson Education, Inc., Longman ©
  • 30. Constitutional Change  The Informal Process of Constitutional Change – Judicial Interpretation  Marbury v. Madison (1803): judicial review – Changing Political Practice – Technology – Increasing Demands on Policymakers Pearson Education, Inc., Longman ©
  • 31. 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. Pearson Education, Inc., Longman ©
  • 32. 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. Pearson Education, Inc., Longman ©
  • 33. 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. Pearson Education, Inc., Longman ©