THE ORIGINS OF THE CONSTITUTION
What is a Constitution?
Is a nation’s basic law that: 1) Creates political institutions 2) Assigns or divides governmental
power 3) Provides guarantees to citizens 4) Includes unwritten accumulation of
traditions 5) Sets the broad rules for politics
The road to revolution
Originally the crown left most to the discretion of the colonial governments
After F and I war, Britain obtained new territory in North America
Parliament passed new laws and taxes to pay to protect it
Americans resented new taxes as tax with no representation
Responded by forming 1st Continental Congress to discuss future relation with Britain
Declaring Independence
Continental Congress met almost continuously in 1775 and 1776
In May and June of 1776 Congress began to debate resolutions of independence
After 2 days of debates on the wording, the Declaration of Independence was adopted on July 4 , 1776
The English Heritage: the power of ideas
John Locke’s writings (Second Treatise) often called textbook of the American Revolution.
Philosophy based on Natural Rights, the belief that people exist in the state of nature before governments existed. Also:
1) Natural law brings natural rights 2) Natural law superior to human law 3) Government must be built on the consent
of the governed 4) Government should be limited 5) Sole Purpose of Government is to protect
natural rights 6) Deep felt injustices could justify revolt
Jefferson’s Handiwork
Close parallels between Locke’s thoughts and Jefferson’s language in the Declaration of Independence.
Although prominent at the constitutional convention, the concept of property sanctity was absent from the document.
Jefferson altered Locke’s phrase “life, liberty and property” to read “life, liberty and the pursuit of happiness”
“Conservative” Revolution?
Revolution was essentially a conservative movement that did not drastically alter the colonists way of life
Primary goal was to restore the rights the colonists felt were already theirs as British subjects
The Government that Failed
Articles of Confederation established a government dominated by the states. It: A) Established a national legislature with one house-
unicameral
B) States could send up to 7 delegates to it but had only one vote
C) Continental Congress had few powers- could not tax, regulate commerce
D) Had the power to raise and maintain an army and navy but no money to do so.
E) No president or national court system F) Weaknesses prevented it from dealing with
problems
Changes in the States
1) Dramatic increase in democracy and liberty (white males)
2) Expanded political participation brought new middle-class to power including artisans and farmers
3) With voting power, farmers and craft workers were now a force. Old colonial elite saw their power shrink- and didn’t like it
Economic Turmoil
Postwar depression left many farmers unable to pay their debts
State legislatures were now under the control of people more sympathetic to debtors
A few states passed policies to help debtors favoring them over creditors such as “force acts”
Shays’ Rebellion
In 1786, a small group of farmers in Western Massachusetts led by Captain Daniel Shays rebelled losing their land to creditors
Shays’ Rebellion was a series of armed attacks on courthouses to prevent judges from foreclosing on farms
Spurred the birth of the Constitution- need stronger government reaction and power
Aborted Annapolis Meeting
In September 1786, a small group of leaders gathered in Annapolis, Maryland to discuss the problem of commercial conflicts among the states.
Only five states sent delegates so a call came for a full-scale meeting in Philadelphia the following may.
Instructions in Philly..
Delegates from 12 states came with Rhode Island refusing.
Told sole purpose was to revise the articles
Not possible due to unanimous vote needed
So- the 50 delegates ignored orders and began writing a new document
Gentlemen in Philly…
1) Select group of economic and political notables
2)Men of wealth- many college graduates 3) Although philosophical views differed, they
all agreed on: A) questions on human nature B) the causes of political conflict C) the object of a republican government D) people were self-interested and government
should take a role in checking this self-interest
James Madison- “The Father of the Constitution
Most influential member of the convention Believed the distribution of wealth was the source
of political conflict Claimed factions arose from unequal distribution
of property 1) One majority faction with little or no wealth 2)Other minority faction had the wealth
Delegates believed that any faction unchecked could be tyrannical. Property must be protected from factions
Government must be balanced so no faction could completely take over
The Agenda in Philadelphia
Constitution is silent on equality but many important issues on the agenda revolved around it: REPRESENTATION OF THE STATES:A) New Jersey Plan- equal representation in congressB) Virginia Plan- base representation on populationC) Connecticut Compromise- bicameral legislature
SLAVERY:D) Did not forbid slavery but limit future imports
(prohibited it after 1808)E) Escaped persons legally held to service must
be returnedF) 3/5 compromise- made sense to them
The Agenda in Philadelphia- cont…
POLITCAL EQUALITY: A)Some delegates wanted suffrage for all free,
adult males B) Ultimately decided to leave issues to the states
ECONOMIC ISSUES: A) Played a key role:
1) Federalists stressed the weaknesses of the economy
2) Anti-Federalists said these claims were not true
What did the Constitution do?? Spelled out the economic powers of congress:
A) Chief economic policy maker B) Power to tax, borrow and appropriate funds C) Powers to protect property rights, punish
counterfeiters, issue patents, etc.
Prohibited states from certain practices like: A) State monetary system B) Placing duties on other states’ goods C) Interfering with lawful debts
FULL FAITH AND CREDIT AND A REPUBLICAN FORM OF GOVERNMENT
What did the Constitution do?? INDIVIDUAL RIGHTS:
A) Felt preserving individual rights would be easy B) After all, they were creating a limited
government C) powers were dispersed so each branch could
check the others D) Most felt states were already protecting rights
What did the Constitution do?? Mentioned little about personal
freedoms but it did say: A) the writ of habeas corpus may not be suspended
unless during war B) Congress could not pass bills of attainder
(punishment without trial) or ex post facto laws C) Religious qualifications could not be used to hold
public office D) Treason is narrowly defined E) The right to trial by jury in criminal cases is
guaranteed
THE ABSENCE OF A SPECIFIC BILL OF RIGHTS LED TO ISSUES OVER RATIFICATION
The Madisonian Model
Delegates were faced with a dilemma of reconciling economic inequality with economic freedom
James Madison and his colleagues feared all factions
The Madisonian Model states: 1) to prevent tyranny of the majority, most
government needs to be out of the control o the people 2) voters’ electoral influence was limited and mostly
indirect 3) only the house was directly elected- senators and
president would be indirectly elected 4) power would be separated into a system of checks
and balances to place power against power
“Check” this out..
Executive: A) checks legislative with veto power B) checks judicial by appointing judges
Legislative: A) checks executive with “purse” power B) checks judicial by confirmation of appointments
Judicial: A) Checks executive and legislative through judicial
review
Ratifying the Constitution
Federalists verus Anti-Federalists FEDERALISTS: A) James Madison, Alexander Hamilton, John Jay-
writing under the name Publius, wrote 85 articles called the Federalist papers
B) Defended the Constitution and called for its ratification
ANTI-FEDERALISTS: A) Questioned the motives of the framers B) Believed it was a class-based document to serve
the elite C) Said the document would erode both personal
freedom and the powers of the states
Compromise and Ratification
Federalists agreed to add amendments to the document to assure personal freedoms A) James Madison introduced 12 potential amendments
during the 1st congress in 1789 B) 10 of these amendments, the Bill of Rights, were ratified
by the states and took effect in 1791
RATIFICATION:1) Federalists specified ratification to be conducted through
special conventions in each state2) 9 of 13 states had to ratify for it to take effect3) Delaware was first and New Hampshire was ninth some
six months later4) George Washington was the unanimous choice to be the
1st president
Constitutional Change
Formal Amendment:
1) Changes the actual wording of the document
2) Two stages to the process A) Proposal- by either a 2/3 vote in each of congress or by a
national convention called by congress at the request of 2/3 of state legislatures
B) Ratification- approval of either legislatures of ¾ of the states or by special conventions in ¾ of the states
Note: All amendments have been proposed by congress
Formal amendments have made the document more democratic
Constitutional Change
Informal Amendment:
1) Changes the spirit of the document
May be done through: A) Judicial interpretation- how it is read B) Political practice- for example the electoral college
is diiferent today than was intended C) Technology- mass media, bureaucracy has grown,
communications and advanced weapons D) Power of the president has grown as a result of new
demands for public policy- (superpower and domestic policy)
Why be flexible?
The United States has the oldest functioning constitution inexistence today
The framers sought to create a document that could change with the times without sacrificing personal freedoms
Understanding the Constitution The Constitution and democracy:
1) Democratic government was despised and feared among 18th century elite
2) The Constitution created a republic, modeled after Locke’s tradition of limited government
3) Major theme was the gradual democratization of the document away from elitist model toward the pluralist one
4) Today few people fear democracy
The Constitution and scope of government:1) Separation of powers and checks and balances allow:
a) all groups to be heardb) the politics of bargaining, compromise and an increase in hyperpluralism- which some argue leads to gridlock