Edwards, Wattenberg, and Lineberry

Government in America: People, Politics, and Policy

Fourteenth Edition

Chapter 2

The Constitution

Copyright 2009 Pearson Education, Inc. Publishing as Longman.

Constitution
Definition

A constitution is a nations 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 game

The rules are not neutral; some
participants and policy options
have advantages over others.
Copyright 2009 Pearson Education, Inc. Publishing as Longman.

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.

Copyright 2009 Pearson Education, Inc. Publishing as Longman.

Origins of the Constitution

Copyright 2009 Pearson Education, Inc. Publishing as Longman.

Origins of the Constitution

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

Origins of the Constitution

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
Copyright 2009 Pearson Education, Inc. Publishing as Longman.

Origins of the Constitution

Copyright 2009 Pearson Education, Inc. Publishing as Longman.

Origins of the Constitution

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

Copyright 2009 Pearson Education, Inc. Publishing as Longman.

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

The Government That

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

The Government that

Failed

Copyright 2009 Pearson Education, Inc. Publishing as Longman.

The Government That

Failed

Economic Turmoil

Postwar depression left farmers unable to pay

debts

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 individuals property
rights
Copyright 2009 Pearson Education, Inc. Publishing as Longman.

The Government That

Failed

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 changesthe Constitutional
Convention

Copyright 2009 Pearson Education, Inc. Publishing as Longman.

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, not the rural areas

Copyright 2009 Pearson Education, Inc. Publishing as Longman.

The Philadelphia
Convention

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

Copyright 2009 Pearson Education, Inc. Publishing as Longman.

The Agenda in
Philadelphia

The Equality Issues

Equality and Representation of the States

New Jersey Planequal representation in states

Virginia Planpopulation-based representation
Connecticut Compromise

Slavery

Three-fifths compromise

Political Equality and voting left to states

Copyright 2009 Pearson Education, Inc. Publishing as Longman.

The Agenda in
Philadelphia

Copyright 2009 Pearson Education, Inc. Publishing as Longman.

The Agenda in
Philadelphia

The Economic Issues

States had tariffs on products from other

states
Paper money was basically worthless
Congress couldnt raise money
Actions taken:
Powers of Congress to be strengthened
Powers of states to be limited

Copyright 2009 Pearson Education, Inc. Publishing as Longman.

The Agenda in
Philadelphia

Copyright 2009 Pearson Education, Inc. Publishing as Longman.

The Agenda in
Philadelphia

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

Copyright 2009 Pearson Education, Inc. Publishing as Longman.

The 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

Copyright 2009 Pearson Education, Inc. Publishing as Longman.

The Madisonian Model

Copyright 2009 Pearson Education, Inc. Publishing as Longman.

The Madisonian Model

Copyright 2009 Pearson Education, Inc. Publishing as Longman.

The Madisonian Model

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.

Copyright 2009 Pearson Education, Inc. Publishing as Longman.

Ratifying the Constitution

Copyright 2009 Pearson Education, Inc. Publishing as Longman.

Ratifying 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

Copyright 2009 Pearson Education, Inc. Publishing as Longman.

Ratifying the Constitution

Copyright 2009 Pearson Education, Inc. Publishing as Longman.

Ratifying the Constitution

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 Hampshires approval (the ninth state
to ratify) made the Constitution official six
months later.

Copyright 2009 Pearson Education, Inc. Publishing as Longman.

Constitutional Change

Copyright 2009 Pearson Education, Inc. Publishing as Longman.

Constitutional Change
The Informal Process of
Constitutional Change
Judicial Interpretation

Marbury v. Madison (1803): judicial review

Changing Political Practice

Technology
Increasing Demands on Policymakers

Copyright 2009 Pearson Education, Inc. Publishing as Longman.

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.

Copyright 2009 Pearson Education, Inc. Publishing as Longman.

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

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.
Formal and informal changes
continue to shape our Madisonian
system of government.
Copyright 2009 Pearson Education, Inc. Publishing as Longman.