The Constitution

Constitution• Definition?

– A constitution is a nation’s 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.

• What groups have advantages in the United States?

Part I- The Origins of the Constitution

Origins of the Constitution• The English Heritage: The Power of Ideas

– Natural rights: rights inherent in human beings, not dependent on government

– Natural Law: liberties not based on generosity of the king but on a “higher law”

– 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

• Revolt about liberty, not economics!

Natural Law• Rights, “…are born with us; exist with

us; and cannot be taken away from us by any human power.”

-John Dickinson-

Reading CheckWhat fundamental ideas of the

Constitution come from John Locke? List/describe three.

LockeLocke- Two Treatises on Government

1.People had the right to life, liberty, and property.–Rulers were expected to preserve these rights.

2.Individual rights were more important than the laws and governments. “unalienable rights”3.Absolute rulers went against human nature and should be overthrown. “right to revolution”

Locke on the state of nature and consent of

the governed “The state of nature has a law of nature to govern it, which treats everyone equally…Being equal and independent, no one ought to harm another in his life, health, or possessions.”

“We have reason to conclude that all peaceful beginnings of government have been laid in the consent of the people.”

Locke and The Declaration of Independence

Origins of the Constitution• The French

Heritage: The Power of Ideas– Separation of

Powers: the principle of dividing the powers of a government among different branches to guard against abuse of authority.

Montesquieu- The Spirit of the Laws

1.Argued for division of power between branches of government.

Montesquieu on Separation of Powers

“When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty; because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner.”

The“VirtuousRepublic”

Classical view of

a model republic

“City on a hill”

[John Winthrop]Ideal citizen

[Cincinnatus]

1. Govt. gets its authority from the citizens.

2. A selfless, educated citizenry.

3. Elections should be frequent.

4. Govt. should guarantee individual rights & freedoms.

5. Govt.’s power should be limited [checks & balances].

6. The need for a written Constitution.

7. “E Pluribus Unum.” [“Out of many, one”]

EnlightenmentThinking

The Government That Failed

ASSIGNMENT- “Articles of Confederation: Strengths and

Weaknesses”• With a partner, complete the

handout called “Strengths and Weaknesses of the Articles of Confederation”

• NOTE: Do NOT complete the column called “Solution Found in the Constitution”…we will discuss in class.

The Articles of Confederation“a firm league of friendship”

(Reading Check) Need to Know About the Articles:

1. Powers Congress lacked under the Articles

2. What changes taking place in the states under the Articles?

3. Madison’s take on factions.4. The “Final Straw” for the Articles.

Why?5. Purpose of Annapolis meeting.

Part II- Writing the Constitution

The Constitutional Convention

DISCUSSION1. Who was excluded from the

convention?

2. Implications of these exclusions?

It did not reflect the needs of all Americans, but expressed the views of the signers who wanted to establish a stable and prosperous nation.

James Madison “If men were angels, no government

would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this; you must first enable the government to control the governed; and in the next place oblige it to control itself.”

What principles of government can we derive from what Madison is saying here?

The Agenda in Philadelphia3 Major Issues:

1. Equality Issues2. Economic Issues

3. Individual Rights Issues

ASSIGNMENT #2• Complete “A Plan of Action:

Reviewing Compromises” using your textbook/reading guide. Be ready for a class discussion in appx. 15 minutes.

Equality Issues• Need to Know:

– Virginia Plan vs. New Jersey Plan– Connecticut Compromise– Problems and Solutions related to

slavery and voting

Economic IssuesProblem:1. States had tariffs

on products from other states

2. Paper money was basically worthless

3. Congress couldn’t raise money

Solution:

Powers of Congress to be strengthenedPowers of states to be limited

Economic IssuesProblem:

Congress and the power to regulate

foreign and interstate trade

Solution:Commerce and

Slave Trade CompromiseCongress was

forbidden from taxing exports from any state and from

interfering in the slave trade for at least 20 years.

The Individual Rights Issues• Some were written into the Constitution:

1. Prohibits suspension of writ of habeas corpus2. No bills of attainder3. No ex post facto laws4. Religious qualifications for holding office

prohibited5. Strict rules of evidence for conviction of

treason6. Right to trial by jury in criminal cases

• Some were not specified1. Freedom of speech and expression2. Rights of the accused

Look on page 48 & 49. List and describe (briefly) the 4 underlying principles of the

Constitution

Principles

1. Limited Government2. Separation of Powers3. Checks and Balances

4. Federalism

Separation of Powers

Checks and Balances

The Final Product

ASSIGNMENT #3• Complete “Separating the Powers: An

Exercise in Three” with a partner

Discussion of “Separating the Powers: An Exercise in

Three” • Whose powers are listed in:– Article I?– Article II?– Article III?

The Electoral College (Article II)

“Winner take all” feature has many implications for Presidential races.

• How affect campaigns?1. Resource allocation2. Issues (appeal to voter bloc in specific

state)3. Choice of a vice president

How affect third parties?1.May get much popular vote, but if not a

majority they cannot get electoral votes.

2.The fact that they may not win hampers their ability to raise money and gain other campaign resources.

• Why has it not been abolished?1.Helps ensure that a majority of electoral votes

are earned by one candidate.2.History/tradition3.Would require a constitutional amendment4.No clear consensus on an alternative5.Collectively benefits small states6.Racial minorities in some states like the

electoral college because it protects their votes.

7.Collectively it benefits the large states8.Competitive states like it9.Favors a two-party system

Article IV: Federalism• This article more clearly defines the

relationship between the states and the federal government.

• It includes the “full faith and credit” clause, which states that an act or judicial proceeding of one state must be honored in all other states.

Article V: The Amendment Process

• This article defines the process for making changes to the original Constitution.

• The process is a clear depiction of federalism.

Article VI: The Supremacy Clause

• This article clearly states that national law will be supreme over state law.

Article VII: Ratification Procedures

• 9 of 13 colonies had to approve

Ratification Debates

Need to Know About Ratification Debates…

• Federalist vs. Anti-Federalists (who were they?)

• Federalist Papers (what were they and who write them?)

• Bill of Rights

Ratifying the Constitution

Ratifying the Constitution

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 Hampshire’s approval (the ninth state to ratify) made the Constitution official six months later.

The Amendment Process

ASSIGNMENT #4• With a partner, complete the activity

called “Amending the Constitution” and complete Parts A and B

The Constitution and the Amendment Process

OrOr

Methods of Proposal Methods of RatificationUsual MethodMethod 1

By 2/3 vote in both the House and the Senate

Method 2

By national constitutional convention called by Congress at the request of 2/3 of the state legislatures[This method has never been used]

Method 1

By legislatures in ¾ of the states (38 states)[26 of 27 cases, this has been the method]

Method 2

Ratified through conventions in ¾ of the states. [Only been used once to ratify the 21st Amendment]

Constitutional Change• The Informal Process of

Constitutional Change1. Judicial Interpretation

• Marbury v. Madison (1803): judicial review2. Changing Political Practice3. Technology4. Increasing Demands on Policymakers

The Importance of Flexibility• The Constitution is short, with fewer than

8,000 words.• It does not prescribe every detail.• The Constitution is not static, but flexible

for future generations to determine their own needs.