Constitutional Convention

Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Constitutional Convention

• The Big Issues1. Articles of Confederation are not working

2. How can we stay true to our ideals?

3. How will people be represented? How will states be represented?

4. How will we deal with slavery?

5. How will we elect a leader?

6. How we will fix the economy?



The Origins of the Constitution

• The English Heritage: The Power of Ideas• Natural Rights – Rights inherent in

humans being, not dependent on government.

• Consent of the Governed – The government derives its authority by sanction of the people.

• Limited Government – Put certain restrictions on government to protect natural rights.

To Learning Objectives


The Government That Failed: 1776–1787

• The Articles of Confederation• The first document to govern the United

States, ratified in 1781.• It created a confederation among 13

states and former colonies.• Congress had few powers; there was no

president or national court system.• Most government power rested in the

states.



The Government That Failed: 1776–1787

• Changes in the States• Voting laws increased political power

among a new middle class.• Middle class of farmers and craft workers

counterbalanced the power of professionals and wealthy merchants.

• Ideas of equality spread and democracy took hold.


Making a Constitution:The Philadelphia Convention

• Gentlemen in Philadelphia• Philosophy into Action




• Gentlemen in Philadelphia• 55 men from 12 of the 13 states.• Mostly wealthy planters and merchants.• Most were college graduates with some political

experience.• Many were coastal residents from the larger

cities, not the rural areas.• State constitutions influenced their thinking

LO 2.3



• Philosophy into Action• Human Nature – People were self-

interested; government should check and contain the natural self-interest of people.

• Political Conflict – Wealth (property) distribution is the source of political conflict; factions arise from the unequal distribution of wealth.

LO 2.3




• Philosophy into Action (cont.)• Objects of Government – Property must

be protected against the tyranny of faction.• Nature of Government – Secret of good

government is “balanced government” because as long as no faction could seize complete control of government, tyranny could be avoided.

LO 2.3


Critical Issues at the Convention

• The Equality Issues• The Economic Issues

To Learning ObjectivesCopyright © 2011 Pearson Education, Inc. Publishing as Longman



• The Equality Issues• Equality and Representation of the

States – The New Jersey Plan and Virginia Plan led to the Connecticut Compromise.

• Slavery – The question of how to count slaves was solved with the Three-Fifths Compromise.

• Equality in Voting – Delegates decided to leave voting qualifications to the states.

LO 2.4


LO 2.4


LO 2.4




• The Economic Issues• States had tariffs on products from other

states.• Paper money was basically worthless.• Congress could not raise money.• Key actions taken – Powers of Congress

were strengthened and powers of states were limited.


LO 2.4


The Madisonian System

• Thwarting Tyranny of the Majority




• Thwarting Tyranny of the Majority• Limiting Majority Control – To keep most of

the government beyond the control of the masses.

• Separating Powers – Branches are relatively independent of the others so no single branch could control the others.

LO 2.5


LO 2.5




• Thwarting Tyranny of the Majority (cont.)• Creating Checks and Balances – Each

branch needs the consent of the others for many actions.

• Establishing a Federal System – Federalism divides power between national and state governments.

LO 2.5


LO 2.5




• The Constitutional Republic• Republic is a form of government in which

the people select representatives to govern them and make laws.

• Tends to favor the status quo and limit political change.

• The End of the Beginning• The document was approved and now it

had to be ratified.

LO 2.5


Changing the Constitution

• The Formal Amending Process• The Informal Process of

Constitutional Change• The Importance of Flexibility




• The Formal Amending Process• Proposal – An amendment may be

proposed either by a two-thirds vote in each house or chamber of Congress, or by a national convention called by Congress at the request of two-thirds of the state legislatures.

LO 2.7




• The Formal Amending Process (cont.)• Ratification – An amendment may be

ratified either by the legislatures of three-fourths of the states, or by special state conventions called in three-fourths of the states.

LO 2.7


LO 2.7




• The Importance of Flexibility• The Constitution created a flexible

government that could adapt to the needs of the times without sacrificing personal freedom.

• The Constitution is a short document (27 amendments and less than 8,000 words) that does not prescribe the structure and functioning of the national government in detail.

LO 2.7


Understanding the Constitution

• The Constitution and Democracy• The Constitution and the Scope of

Government




• The Constitution and Democracy• The Constitution created a republic

(representative democracy based on limited government).

• Historically, there has been a gradual democratization of the Constitution away from the elitist model of democracy and toward the pluralist one.

LO 2.8




• The Constitution and the Scope of Government• Separation of powers and checks and

balances promote demands for public policy to be heard.

• Separation of powers and checks and balances promote bargaining, compromise, playing one institution against another, and an increase of hyperpluralism.

LO 2.8



Ratifying the Constitution

• Federalists and Anti-Federalists• Ratification



Ratifying the Constitution

• Federalists and Anti-Federalists• Federalists supported the new

Constitution and wrote the Federalist Papers to defend it.

• Anti-Federalists opposed the new Constitution and believed it was an enemy of freedom.

• The compromise between the two groups was the Bill of Rights.

LO 2.6



LO 2.6



LO 2.6



Ratifying the ConstitutionLO 2.6

• Federalists specified that the Constitution be ratified by special conventions, not state legislatures

• 9 states had to ratify the Constitution• Delaware was the 1st (Dec 1787), New

Hampshire was the 9th (Jun 1788)



Summary

• The Government That Failed: 1776–1787• The Articles of Confederation established

a government dominated by the states, without a permanent executive or national judiciary.

• A weak central government could not raise sufficient funds, regulate trade, protect property rights, or take action without unanimous consent of the states.



Summary

• The Origins of the Constitution• Ideas behind American Revolution and the

Constitution were belief in natural rights, consent of the governed, limited government, responsibility of government to protect property, and equality of citizens.



Summary

• Making a Constitution: The Philadelphia Convention• The Framers were more educated,

wealthy, and urban than most.• Core ideas they shared were that people

were self-interested, wealth distribution was a source of political conflict, the object of government was protecting private property, and balanced government is best government.



• Critical Issues at the Convention• The Framers intended to make the

national government an economic stabilizer.

• The economic powers assigned to Congress left no doubt it was to forge national economic policy.

• The Framers did include some specific individual rights.



• The Madisonian System• The Founders reconciled majority rule with

minority interests by constraining both the majority and the minority.

• The Madisonian system dispersed power among separate branches of government, and gave them shared powers so that each branch had a check on the others.

LO 2.5



• Changing the Constitution• The formal amendment process requires

supermajorities in both houses of Congress and among the states.

• The informal process includes judicial interpretation, changing political practices, technology, and the increasing demands on policymakers.



• Understanding the Constitution• The Constitution did not create a majoritarian

democracy so majorities did not always rule.• Gradual democratization of the Constitution –

Right to vote has expanded, senators are elected, and president electors are now agents of political parties.



• Understanding the Constitution (cont.)• By protecting individual rights and limiting

government power to restrict them, the Constitution limits the scope of government.

• By dispersing power among institutions, the Constitution increases access of interests to government but also allows these interests to check each other and produce stalemate.


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Constitutional Convention