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The American Constitution1788-200-

� America’s Second Constitution

Learning Objectives

� Identify the reasons the Articles of Confederation had to be replaced

� Describe the process the founding fathers went through in drafting the Constitution, identifying important compromises

� Explain the Madisonian Model

� Describe the debate involved in ratification

� Explain the Amendment process

� Describe how the Constitution has changed since ratification

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Key Terms

� Republic

� Separation of Powers

� Checks and Balances

� Popular Sovereignty

� Federalist Papers

� Bill of Rights

� Ratification

� Democracy

Foundations of the American Constitution: Republicanism, Separation of Powers, Checks

and Balances, Federalism

I. The first American Constitution—Articles of Confederation (1781-1788)—was a failure.

A. Reflected a fear of strong national government

B. Based on a weak national congress which had no real power

C. States retained all real power

D. No president, just a presiding officer

E. Could make important decisions only by unanimous consent.

F. Failure of the Articles was an important experience for America

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Reasons the Articles Failed

� Economic Turmoil

� States had different currencies

� States had laws that favored debtors

� Shay’s Rebellion

� A series of attacks on courthouses by a small band of farmers led by Revolutionary War Captain Daniel Shays to block foreclosure proceedings.

� 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 strengthened

� Powers of states limited

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� The Individual Rights Issues

� Some were written into the Constitution:� 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 detailed, but they were protected� Freedom of speech/expression

� Rights of the accused

II. The Constitutional Convention of 1787 was called to amend the Articles.

III. The delegates were appointed by their state governments. They were an

A. Educated elite B. With Considerable experience in state government C. Included Washington, Madison, Franklin, Hamilton D. 74/55/39 E. They were quite familiar with Locke, Hobbs, Blackstone, and other theorist.

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� They were all males from 12 of the 13 states

� Mostly wealthy planters & merchants

� Most were college graduates (which was exceptional at the time)

� Many were coastal residents from the larger cities, not the rural areas

IV. It took the delegates little time to realize that the Articles of Confederation could not be amended in a fashion that would create a viable government. The delegates decided that they had to write a new constitution

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The Madisonian Model was very Important

� Based on a Constitutional Republic

� Republic: A form of government in which the people select representatives to govern them and make laws.

� Favors the status quo by:

The Madisonian Model

� Limiting Majority Control

� Separating Powers

� Creating Checks and Balances

� Establishing a Federal System—two levels of government

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Figure 2.3

The Madisonian Model

VI. Delegates agreed with much of the Madisonian model. They agreed on:

A. The need for a republic—a representative form of government

B. The need to divide power and authority to preserve it

C. The need to compromise

VII. The delegates also wanted to create a government strong enough to:

A. Promote private enterprise

B. Protect private property

C. Protect the nation from foreign and domestic conflict

D. Preserve the spirit and form of popular government without indulging in "excessive democracy"

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VIII. The delegates would after deliberation and compromise establish a government based on:

A. Popular Sovereignty B. Republicanism—rejected direct democracy, aristocracy, monarchy C. Federalism D. Separation of Powers E. Checks and Balances

IX. The constitution resulted from some major compromises

A. Representation—House vs. Senate B. No export taxes C. Slave trade could continue for 20 years D. Slaves counted at 3/5s for representation and taxes E. President could negotiate treaties, approved by 2/3 vote of Senate F. Congress would regulate both interstate and foreign commerce G. Bill of Rights would be added

X. Final Product — 4300 words

A. Three branches

B. Separation of Powers

C. Checks and balances

D. Executive—4 year term—originally elected by Electoral College

E. Congress—two branches—Senate by State legislatures until 1913

F. Independent federal court system

G. Approved by 9 of 13 states by 1788

XI. Created

A. A conservative government with limited power that could be changed only slowly

B. A constitution that could be adapted to changing times

C. A system which at first could be impacted very little by elections

D. A system that had to evolve over time to become a broad-based democracy

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The Origins of the Constitution

XII. Changes over time

A. Rise of political parties

B. Changes in the election of president and Senate

C. Gradual inclusion of women and minorities

XIII. Characteristics of a Democracy

A. Values the individual over the state

B. Political Equality

C. Popular Sovereignty—rule by the people

D. Majority rule

E. Minority rights

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IV. Operationalized by:

A. The right to vote

B. Free and fair elections

C. The right to run for elected office

D. Freedom of expression, including critical views of the government, economy, and even democracy.

E. The right to speak and consult alternative sources of information, including critical information.

F. Freedom to form and join organizations

G. Competition among political leaders to gain votes and other kinds of support

H. Institutions and political practices insuring that political leaders gain office by winning in free and fair elections and leave office when they lose in a free and fair election.

I. Constitutionally protected rights guaranteed to all.

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Three Major Compromises

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How They Dealt with Economic Issues

Ratifying the Constitution

� Federalist Papers written to explain and defend the Constitution

� 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.

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Ratifying the Constitution

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Preamble

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Democratizing the Constitution

� The original Constitution is rarely described as being really democratic.

� But, over time there has been a gradual democratization of the Constitution.

Constitutional Change

� The Informal Process of Constitutional Change

� Judicial Interpretation

� Changing laws and Political Practices

� Technology

� Increasing Demands on Policymakers

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Timeline: Key Points in the Democratization of the

United States

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Summary

� Serious social, economic and administrative reasons lead the founders to abandon the articles of confederation in favor of a constitution that set up a more centralized government

� The new constitutions set up a government with three branches designed to check each other’s powers consisting of

� A bicameral legislature representing the people (the House of Representatives) and the states (the Senate)

� An executive, a president chosen by the electoral college to serve 4 year terms

� A judicial branch with a supreme court and an independent federal court system

� The debate over ratification led to the addition of the Bill of Right designed to protect certain individual rights.

� The constitution has evolved over time to become more democratic allowing for more direct elections and the inclusions of women and minorities

Appendix

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Amending the Constitution: A Two-Stage Process

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The Connecticut Compromise

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Discussion Questions

� How do the following compromises made in writing the constitution reflect the various interests and concerns of the time?

� The Three-Fifths compromise

� The Connecticut Compromise

� The Bill of Rights

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Discussion Questions

� What does the small number of amendments to the Constitution indicate about the document itself? Is it a reflection of how well the system it created functions or how difficult it is to amend?

Discussion Questions

� Given how the federal system created by the constitution has evolved over the past 200 years, has the system of checks and balances the founders wrote into the constitution been successful in creating the kind of government they envisioned?

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Discussion Questions

� As our society has become increasingly democratic is the electoral college still necessary or should it be abolished? Why or why not?