Copyright © 2014 Cengage Learning THE CONSTITUTION Chapter Two

Copyright © 2014 Cengage Learning

THE CONSTITUTION

Chapter Two

Copyright © 2014 Cengage LearningCopyright © 2014 Cengage Learning

Learning Outcomes

1. Explain the theoretical and historical factors that influenced the writers of the U.S. Constitution.

2. Describe the structure of the Articles of Confederation and explain why the confederation failed.

3. Identify and explain the compromises made by the delegates to come to agreement on the U.S. Constitution.

2


Learning Outcomes

4. Explain the rationale for and give examples of the separation of powers and the checks and balances in the United States Constitution.

5. Demonstrate understanding of the formal and informal processes for amending the constitution.

3


Introduction

U.S. Constitution continues to: Define structure of national/state governments Regulate relationship between government and

citizens

Influences Historical period Colonists’ experiences with government Political philosophy of time (Hobbes and Locke)

4


Milestones in Early U.S. Political History5


The Colonial Background

Jamestown established (1607) King’s charter grants “full power and authority” Colonists establish representative assembly “Starving time for Virginia”

Separatists, the Mayflower, and the Compact First New England colony established 1620 Dissatisfied with Church of England Mayflower Compact: signers agree to submit to

government authority

6


Signing of the Mayflower Compact7



More colonies, more governments More settlements established Adopt concept of limited government Some degree of self-governance Pennsylvania Frame of Government

8



British restrictions and colonial grievances Series of taxes to pay for

French and Indian War Sugar Act of 1764 Stamp Act of 1765 Coercive Acts of 1774


9


The Colonial Response

The First Continental Congress (1774) To express grievances to the King Formed committees

The Second Continental Congress (1775) To establish army George Washington named commander-in-chief Attempt at settlement Military encounters increase

10


Declaring Independence

The Resolution of Independence (July 2)

The Declaration of Independence (July 4, 1776)

Thomas Jefferson primary author Enumerates colonies’ grievances with Britain Universal truths Natural rights and a social contract Legitimizes American Revolution

11


Declaring Independence

Rise of Republicanism Republicans opposed to rule by the British and

any strong central authority in new government Each state seen as sovereign authority and only

legitimate ruling force

12


The Articles of Confederation: The First Form of Government

Confederation was voluntary association of independent states Thirteen states established government

consisting of Congress of the Confederation Weak central government Each state had single vote One member chosen as presiding officer

13


The Confederal Government Structure under the Articles of Confederation

14

Powers of the Congress of

the Confederation



Accomplishments under Articles Settled land disputes among the states Passed the Northwest Ordinance of 1787

establishing government for new territories Could declare war and conduct foreign policy

16


Weaknesses of the Articles Could not demand revenue from states Could not raise an army Amendments to Articles required unanimous

consent of Congress Did not establish a national court system

17




Shays’s Rebellion and need for revision of the Articles Central government has no authority to settle

disputes Economic depression widespread Rebellion demonstrates citizen anger

18


Drafting the Constitution

Who were the delegates? Fifty-five delegates from 13 states attend Delegates mostly upper class, educated, young

Factions among delegates Some nationalists support monarchy Majority are nationalists who want strong central

government

19



Politicking and compromises Virginia Plan

Bicameral (two-chamber) legislature National executive, elected by legislature National judiciary

20



Politicking and compromises (continued) New Jersey Plan:

One state, one vote Congress to regulate trade and impose taxes Congressional acts to be supreme law of the land Congress to elect an executive office Executive office to appoint a Supreme Court

21



Politicking and compromises (continued) The “Great Compromise”

Established bicameral legislature, House of Representatives apportion based on population

Established Senate with two members per state Supreme Court established Three-Fifths Compromise

Shows power of southern states Apportionment partially based on “property”

22



Madisonian Model Separation of the

executive, legislative, and judicial power of government

Establishes system of checks and balances


23


Checks and Balances24



The executive Single chief executive Electoral college created

Makes president independent of Congress Removes from direct popular control Four-year term

25



The final document Popular sovereignty Republican government Limited government with written laws Separation of powers Federal system

26


The Difficult Road to Ratification

Federalists Favored a strong central government ConstitutionTime, money and power for changeFederalist Papers

Anti-FederalistsWanted weak central governmentRetain the Articles of ConfederationStatus quoWant guarantee of personal liberties or bill of rights


27


Ratification of the Constitution28



Did the majority of Americans support the Constitution? Beard’s Thesis State ratifying conventions Support was probably widespread

29



Bill of Rights No explicit limits on state government powers,

did not apply to state governments Included to protect individual liberties against

national government

A “bill of limits” No explicit limits on state government

powers

30


Altering the Constitution: The Formal Amendment Process

Proposing an Amendment (formal)1. Two-thirds vote in each chamber of Congress

OR

2. National convention called by Congress at request of two-thirds of state legislatures

31


Altering the Constitution: The Formal Amendment Process

Ratifying an Amendment:1. By a positive vote in three-fourths of

legislatures of various states

OR

2. By special conventions called in states and a positive vote in three-fourths of them

32


The Formal Constitutional Amending Procedure

33


Amendments to the Constitution34


Informal Methods of Constitutional Change

Congressional legislation Presidential actions Judicial review

Marbury v. Madison

Interpretation, custom, and usage

35

Documents

Copyright © 2014 Cengage Learning THE CONSTITUTION Chapter Two