QOTD What does democracy mean to you? Does it effect your life in any way? Copyright 2009 Prentice Hall

QOTD

What does democracy mean to you? Does it effect your life in any way?

Copyright 2009 Prentice Hall

Copyright © 2009 Pearson Education, Inc. Publishing as Longman.

The Constitution

Chapter 2


ConstitutionDefinition– A constitution is a nation’s basic law. It

creates political institutions, allocates or divides powers in government, and often provides certain guarantees to citizens.

– An unwritten accumulation of traditions and precedents that structures competition among competition in government

– US Constitution – The document written in 1787 that sets forth the institution structure of US Government.


Constitution

Sets the broad rules of the gameThe rules are not neutral; some participants and policy options have advantages over others.


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.





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. It was written by Thomas Jefferson.

– Politically, the Declaration was a polemic, announcing and justifying revolution.


Origins of the ConstitutionThe English Heritage: The Power of Ideas (John Locke)– Natural rights: rights inherent in human

beings, not dependent on government. These rights are derived from nature

– Sole purpose of the government is to protect natural rights.

– Government must be built on the consent of the governed: government derives its authority by sanction of the people


Thomas Hobbes

Argued that without strong government, life would be “solitary, poor, nasty, brutish, and short”





Limited Government: certain restrictions should be placed on government to protect natural rights of citizens. Supported the idea that there must be restrictions on rules.



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


Post American Revolution

A dramatic change swept through the new country resulting in a dramatic increase in democracy and freedom.


The Government That Failed

The Articles of Confederation– The first constitution of 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.


The Government that failed

– Congress had few powers and was unicameral (one house)

– There was no president or judiciary system.

– It vested all meaningful power in the states.

--It was weak and ineffectual.



Changes in the States– Liberalized voting laws increased

political participation and power among a new middle class.

– Power in the states began to shift from the wealthy individuals to the middle class.

– Ideas of equality spread and democracy took hold.


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



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


Making a Constitution:The Philadelphia Convention

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(urbanites), not the rural areas

– All were men


The Philadelphia Convention

Philosophy into Action– Human Nature-human beings are

basically selfish and self-interested.– Political Conflict, which leads to factions– Objectives of Government: preservation

of property and prevention of tyranny.– Nature of Republican Government, which

sets power against power so that no one faction rises above and overwhelms another


The Agenda in Philadelphia

The Equality Issues– Equality and Representation of the States

• New Jersey Plan—The proposal at the Constitutional Convention that called for equal representation of each state in Congress regardless of the state’s population.

• Virginia Plan—The proposal at the Constitutional Convention that called for representation of each state in Congress in proportion to that state’s share of the US population.



• Connecticut Compromise-The compromise reached at the Constitutional Convention that established two houses of congress: the House of Representatives, in which representatives are based on US population, and the Senate, in which each state has two representatives. Resolved the impasse between those who favored the NJ Plan and those who favored the VA Plan



– Slavery• Three-fifths compromise – Counted slaves as

3/5 of a person for counting the nation’s population and determining seats in the House.





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 – A court order requiring jailers to explain to a judge why they are holding a prisoner in custody.

• No bills of attainder• No ex post facto laws• Suspension of the writ of habeas corpus• Strict rules of evidence for conviction of treason• Religious qualifications for holding office prohibited• Right to trial by jury in criminal cases

– Some were not specified• Freedom of speech and expression• Rights of the accused


The Madisonian ModelTo prevent a tyranny of the majority, Madison proposed a government of:– Limiting Majority Control– Separation of Powers – A feature of the

Constitution that requires each of the three branches of government – executive, legislative, and judicial – to be relatively independent of the others so that one cannot control the others. Promotes playing one institution against the other, compromise, and the politics of bargaining.


The Madisonian Model

– Creating Checks and Balances – Features of the Constitution that limit government’s power by requiring that power be balanced among the different governmental institutions. As to limit each abuse by each insitution.

– Establishing a Federal System



– Both SOP and CAB allow almost all groups some place in the political system where their demands for public policy can be heard.

– Consequence is a fragmented policymaking process.







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.


Ratifying the Constitution



Federalists – Those who supported ratifying the Constitution.Anti-Federalists – Those who did not support ratifying the constitution



Anti-Federalists felt:• It was far too centralized and

fragemented• It provided for elite control• It endangered liberty• It weakened the states

No Bill of Rights


Ratifying the Constituion

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.

– Was needed by the approval of 9 states– 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 Change



The Informal Process of Constitutional Change– Judicial Interpretation

• Marbury v. Madison (1803): judicial review

– Changing Political Practice– Technology– Increasing Demands on Policymakers



Chief economic policymaking power was given to the states.Dealt with:– Slavery– Women’s suffrage– How states were represented– Political equality



Prohibited states from:– Printing paper money– Placing duties on imports from other

states– Harboring runaway slaves– Interfering with lawfully contracted

debts


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.


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.


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.The Constitution created a stronger national government.


SummaryFormal and informal changes continue to shape our Madisonian system of government. Judicial Review was established in Marbury v. Madison – The ability to decide if executive and legislative branches’ acts are unconstitutional.Decided to leave it up to the individual states to determine voter qualifications in their own state


Amendment FactsThe 13th Amendment abolished slaveryThe 21st Amendment repealed prohibitionThe 26th Amendment lowered the voting age to 18There are 27 amendments to the Constitution.Constitutional amendments are usually ratified by ¾ of the states

Documents

QOTD What does democracy mean to you? Does it effect your life in any way? Copyright 2009 Prentice Hall