American Government and Politics: Deliberation, Democracy, and Citizenship

Chapter TwoThe American Constitution

Chapter Two: Learning Objectives

• Describe the lessons the early Americans learned about establishing effective democratic government during the first decade of independence

• Describe the key debates at the Constitutional Convention

Chapter Two: Learning Objectives

• Sketch the process that resulted in ratification of the Constitution

• Explain the key issues in the debate between the Federalists and the Anti-Federalists

Chapter Two: Learning Objectives

• Describe how the Bill of Rights was added to the Constitution and what dangers Madison and others succeeded in avoiding

• Explain how the authors of the Constitution compromised with slavery

Introduction

Framing the Constitution

• The process took approximately a decade

• The process was relatively peaceful

• Important lessons learned in early America shaped the document

The Lessons of the First Decade:State Constitutions

Features of state constitutions

• Separation of powers • Checks and balances

• Relatively weak executives

• Property restrictions on voting and holding office

The Lessons of the First Decade:Articles of Confederation

Articles of Confederation

• First national constitution

• Weak national government

• See page 34 for key provisions of Articles

The Lessons of the First Decade:Problems Within the States

Problems within the states included

• Shays’s Rebellion

• Deficiencies of state laws

• Rage for paper money

• Questions about majority rule

The Lessons of the First Decade:The Road to Philadelphia

The weaknesses of the Articles of Confederation were apparent in the early days of the document.

At the Annapolis Convention in 1786 delegates urged Congress to call a constitutional convention.

The Constitutional Convention

What were some of the key debates at the Constitutional Convention?

Cornstock/Getty Images

The Constitutional Convention:The Nationalists Set the Agenda

Key features of the Virginia Plan

• Bicameral legislature

• National executive and judicial branch

• Each state government would be republican

• See page 40 for more information

The Constitutional Convention:The Small States Counterattack

Key features of the New Jersey Plan

• Unicameral legislature

• National executive and judicial branch

• Supremacy of federal law

• See page 41 for more information

The Constitutional Convention:Hamilton’s Plan

Key features of Hamilton’s Plan

• Bicameral legislature

• Chief executive and Supreme Court

• Officials subject to impeachment

• See page 41 for more information

The Constitutional Convention:The Great Compromise

Key features of the Great Compromise

• Representation in the House based on state population

• Each state has equal representation in Senate

• Bills for raising and spending money must originate in the House

The Constitutional Convention:Completing the Constitution

The five person Committee of Detail was responsible for drafting a constitution based on the ideas that were agreed upon by delegates to the Constitutional Convention.

The Constitutional Convention:Presidency

A significant debate about the presidency was over who would elect that official.

Solution - the electoral college

The Constitutional Convention:Congress

House

• Representation based on population

• Direct election

• Serve two year terms

Senate

• Each state has equal representation

• Election by state legislatures

• Serve six year terms

The Constitutional Convention:Judiciary

There was little controversy over the creation of the federal judiciary.

Federal judges serve for life and are subject to impeachment for misbehavior.

International Perspectives

What are some differences between a presidential government and a parliamentary government?

What are some consequences of divided government?

Pledges and Promises

Oaths and the U.S. Constitution

• There are three places in the Constitution where oaths for public officials are discussed

• It was believed that, by taking an oath, officeholders would be more likely to perform their jobs in a proper manner

Ratifying the Constitution: The Course for Ratification

In order for the Constitution to be ratified it required approval from nine state ratifying conventions.

Ratification by popularly elected ratifying conventions brought public opinion and deliberation to the debate over constitutional ratification.

Ratifying the Constitution: Debating the Constitution

Two groups emerged in the debate

1. Federalists

2. Anti-Federalists

Ratifying the Constitution: Debating the Constitution

Federalists

• Supported ratifying the Constitution

• Wanted a strong national government

• Authored The Federalist Papers

Ratifying the Constitution: Debating the Constitution

Anti-Federalists

• Opposed ratifying the Constitution

• Concerned about the national government having too much power

• Criticized the lack of a bill of rights

Adding a Bill of Rights

How many amendments were added to the Constitution?

Why was the addition of a Bill of Rights so important to citizens?

Christy, Howard Chandler/The Bridgeman Art Library

Adding a Bill of Rights

Adding a Bill of Rights: Protecting Rights in the Original Constitution

Rights protected by the Constitution

• Writ of habeas corpus

• Bill of attainder

• Ex post facto law

Adding a Bill of Rights: Fashioning the Bill of Rights

Debates over the Bill of Rights

• Seven states proposed 157 amendments

• Several reasons for a lack of a bill of rights

• Madison proposed amendments that would become the Bill of Rights

Slavery and the Constitution

How did the framers address the issue of slavery in the Constitution?

MPI/Getty Images

Slavery and the Constitution: The Compromises of the Constitution

Slavery addressed in the Constitution

• Three-fifths clause

• Importation of slaves clause

• Fugitive slave clause

The Constitution and Deliberative Democracy

John Adams stated that the effort to draft the Constitution was “the greatest single effort of national deliberation that the world has ever seen.”

The Constitution is a result of deliberation at the national Constitutional Convention and state ratifying conventions.

Deliberation, Citizenship, and You

Convening a New Constitutional Convention?

Do you believe that there are constitutional issues that need to be resolved today through a constitutional convention?

Summary

• The Articles of Confederation were weak

• Many debates at the Constitutional Convention

• Addition of a Bill of Rights ended opposition to the Constitution