© 2010 Pearson Education Chapter 2 The American Constitution

© 2010 Pearson Education

Chapter 2The American Constitution

– Party changeover from Republicans to Democrats• Why?

– Over war– Margin of control too narrow to make promised

changes

Case Study: Party takeover

The Background of the Constitution

– Fundamental law by which a state or nation is organized and governed

• Establishes a framework for government• Assigns powers and responsibilities to different

government branches• Defines the relationship between the people and

their government


–Historical Setting• Founding fathers influenced by their

most recent past–Under British rule –Period under the Articles of

Confederation.


– Peaceful political relationship with Great Britain until 1763

• The British took a more active role in colonial affairs.

– They imposed new taxes on the colonists to pay the debt incurred in the French and Indian Wars.

• To the surprise of the British, the American colonists were outraged and ultimately revolted against British rule.


– American colonies formed the Continental Congress,

• a unicameral (one-house) legislature in which each state had one vote.

• Although without true governing authority, it – declared independence, – raised an army, – negotiated with foreign countries, and– drafted a plan for a national union that became the

Articles of Confederation.

– Articles of Confederation authors determined to avoid the abuses they experienced

• Strictly a national government• Most power rested with the sovereign states • The weak, central government was unable to deal

effectively with the nation’s problems– Led to a call to revise the Articles



– American Political Thought• The Constitution written during the Enlightenment

– Reflects political theorists of that time, i.e. Locke

» In a natural state, all people were born free and equal and possessed certain natural rights.

» Life, liberty, and property


– Locke:• People voluntarily joined together to form

governments to protect these rights. • Americans drew three important concepts

from Locke’s political thought. – Theory of revolution– Government can play an active, positive role in

society instead of just being a necessary evil. – Doctrine of natural rights was a theoretical

foundation for limited government.

Constitutional Principles• To properly understand the Constitution:

– Popular sovereignty – Representative democracy– The rule of law– Limited government

Constitutional Principles• To properly understand the Constitution:

– Separation of powers– Checks and balances– Federalism– Bicameralism

Constitutional Principles

• Democracy – two types– Representative

• Citizens elect representatives to make policy decisions on their behalf.

– Direct• Citizens vote directly on matters of public concern.


– Rule of law • limits the discretion of public officials in dealing

with individuals.

– Limited government • does not have unrestricted authority over its

citizens.

BILL OF RIGHTSFirst Amendment

Second AmendmentThird Amendment

Fourth AmendmentFifth AmendmentSixth Amendment

Seventh AmendmentEighth AmendmentNinth AmendmentTenth Amendment


– Separation of powers • Divides power among the executive, legislative,

and judicial powers of government – Checks and balances

• Overlapping of the powers of the branches of government

– Montesquieu to provide theoretical justification for their adoption

Constitutional Principles– James Madison

• Principal architect of the separation of powers, he believed:

– Country needed a strong national government to balance the power of local interests

– Country needed a means of preventing tyranny– Guaranteed a certain amount of tension in the

American political system

Constitutional Principles– Federalism– The framers lived under both a unitary government

and a confederation. – Under Great Britain, it was a unitary system in which

political authority was concentrated in a single national government.

– Under the Articles of Confederation, it was a league of nearly independent states similar to the United Nations (a confederation).

Constitutional Principles• Framers sought the best of both systems

– Federalism• Divides power between a central government and

a series of state governments• Allows for a strong national government• Offers two distinct advantages

– Provides political representation to accommodate diversity

– Protects individual freedoms from governmental interference


• Bicameralism– To prevent the national legislature from

becoming too powerful– Framers hoped

• popularly elected House of Representatives would be constrained by the more conservative Senate

– Until ratification of the 17th Amendment

The Living Constitution

• Fundamental framework for 200 + years • Few formal changes • Ability to adapt to changing times while

maintaining adherence to basic principles:– Practice and experience– Amendment – Judicial interpretation


• Constitutional change through practice and experience– The roles of the president– Key features of the constitutional system, i.e., federal

bureaucracy, not mentioned in the Constitution • But are subject to legal limitations and judicial interpretation


• Constitutional change through amendment– Formally amending the Constitution is a two-

step process: • Two methods of proposing amendments to the

Constitution and • Two methods of ratifying those proposals


• Change through judicial interpretation– Most common way the Constitution changes

• The power of the courts to declare acts of the executive and legislative branches unconstitutional is known as judicial review.

The Constitution, Politics, and Public Policy

• Constitution affects the policymaking process through its fragmentation of political power – Power at the national level divided among

three branches• Legislative • Executive• Judicial

The Constitution, Politics, and Public Policy

• The legislative branch further divided into two separate houses.

• Federalism allocates power between the national government and the 50 state governments.

• The Framers knew this division of power would result in friction in our political system and slow, incremental policy changes.

Conclusion: The Constitutional Environment

for Policymaking• The U.S. Constitution is not without its

critics. – Antifederalists

• argued that the Constitution is structured to benefit special interests at the expense of the majority of the people.

Critics

• Constitution is a blueprint for political deadlock among the different branches

• Constitutional stalemate is not inevitable – Policy deadlocks can be attributed to politics more

often than constitutional inadequacy. • Public policy reflects interplay between the

Constitution and contemporary politics

Documents

© 2010 Pearson Education Chapter 2 The American Constitution