Constitution Definition – A constitution is a nation’s basic law. It creates political institutions, assigns or divides powers in government, and often

ConstitutionConstitution

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 gameThe rules are not neutral; some participants

and policy options have advantages over others.

Origins of the ConstitutionOrigins of the Constitution

The Road to Revolution– Colonists faced tax increases after the French and

Indian War.– Colonists lacked direct representation in British

parliament.– 1773 Boston Tea Party: Symbolic Act of Civil

Disobedience– Colonial leaders formed the Continental Congress in

response to Coercive Acts by British Crown in 1774

Origins of the ConstitutionOrigins of the Constitution European Claims in North America (Figure 2.1)


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.


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

Social Contract TheorySocial Contract Theory

People are free and equal by natural right and people have to give their consent to be governed

Political theorists in this tradition:A. LockeB. HobbesC. Rousseau



Winning Independence– In the American Revolutionary War (1775-

1783)American colonies prevailed in their war against England.

The “Conservative” Revolution– Restored rights the colonists felt they had lost– No great social, economic, or political

upheavals

The Government That FailedThe 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.

First U.S. Constitution: First U.S. Constitution: Articles of ConfederationArticles of Confederation

Unicameral Congress Congress can conduct foreign policy on behalf of

all states (symbolic power) Authority (sovereignty) rested with states State equality No national executive No judicial or taxation power Inability to regulate commerce among states


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.

The Government that FailedThe 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 of 1786

– 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

– Weakness of Articles of Confederation was further highlighted; impelled Constitutional Convention

Making a Constitution:Making a Constitution:The Philadelphia Convention The Philadelphia Convention

of 1787of 1787Gentlemen 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

The Philadelphia Convention, The Philadelphia Convention, continuedcontinued

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

The Agenda in PhiladelphiaThe 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



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



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

The Madisonian ModelThe 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

The Madisonian ModelThe Madisonian Model The Constitution and the Electoral Process: The

Original Plan



The Constitutional Republic– Republic: A form of government in which the

people select representatives to govern them and make laws with limits on majority rule

– 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.

Ratifying the ConstitutionRatifying 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



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.

Constitutional ChangeConstitutional Change

Constitutional ChangeConstitutional Change

The Informal Process of Constitutional Change– Judicial Interpretation

Marbury v. Madison (1803): judicial review

– Changing Political Practice– Technology– Increasing Demands on Policymakers

The Importance of FlexibilityThe 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.

Understanding the ConstitutionUnderstanding 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.

SummarySummary

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.

Documents

Constitution Definition – A constitution is a nation’s basic law. It creates political institutions, assigns or divides powers in government, and often