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Transcript of The Constitution Thirteen years in the Making.. Constitution Definition A nation’s basic law. It...
The Constitution
Thirteen years in the Making.
Constitution Definition
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 others don’t.
Origins of the Constitution
Colonial government—own government in each colony
First written constitution—Mayflower Compact
Protest – Stamp Act Congress, committees of correspondence, Boston tea party, Embargo
1st Continental Congress—First governmental act, 1st official meeting
2nd Continental Congress—first American Gov’t
Declaration of Independence
1776
Articles of Confederation– 1st official constitution
Shay’s Rebellion – realize need more structure
Constitutional Convention--
1787
Constitution
The Origins of the Constitution
The Government That Failed The Articles of Confederation
Each state retained its sovereignty. Congress had few powers—Post Office, pay ward
debt, maintain an army and navy, and declare war/peace.
Built with a legislature only made up of 1 representative from each state.
States could engage in foreign trade Each state had their currency and trade laws. States had their own judicial system, Congress was
the last resort.
Why it Failed…. Economic Turmoil
States had different currencies States had laws that favored debtors
Shays’ Rebellion A series of attacks on courthouses by a small band of farmers led by
Revolutionary War Captain Daniel Shays to block foreclosure proceedings.
Changes in the States Expanded political power for some Expanding economic middle class
The Model State representation—large versus small No president or court system High requirements for laws and change of them Limited legislative powers
Values and Ideals Liberal ideas of equality were spreading Unsuccessful confederation experience
What to do? The Annapolis Meeting—Unsuccessful
An attempt to discuss changes to the Articles of Confederation.
Attended by only 12 delegates from 5 states. Called for a meeting in May 1787 to further
discuss changes.
Making a Constitution:The Constitutional Convention
Gentlemen in Philadelphia 55 men from 12 of the 13 states Mostly wealthy planters & merchants Most were college graduates with some political
experience Many were coastal residents from the larger cities,
not the rural areas Divided into two camps – federalists (led by James
Madison) and the anti-federalists (led by Samuel Adams)
Federalists vs. Anti-FederalistsFederalists Anti-Federalists
Background Large landowners, wealthy merchants, professionals
Small farmers, shop keepers, laborers
Preferred Government
Strong national government, weaker state governments, indirect election of officials (electoral college, states electing congressmen), rule by the elite educated man, not concerned with individual freedoms
Strong state governments, weaker national government, direct election of officials, shorter terms, rule by the common man, individual freedoms
Things to Consider… Philosophy into Action
Human Nature—men love power and money. So we need a strong government to keep people in check.
Political Conflict– development of tyrannical factions
Objects of Government—is to ….protect property.
Nature of Government—to this end, what type is needed?
The English Heritage: The Power of Ideas John Locke’s influence Natural rights Consent of the governed Limited Government
The “Conservative” Revolution Restored rights the colonists felt they had lost Not a major change of lifestyles
The Agenda… The Equality Issues
Equality and Representation of the States New Jersey Plan Virginia Plan Connecticut Compromise
Slavery Political Equality
The Agenda…. 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 to be strengthened Powers of states to be limited
The Agenda… 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 specified Freedom of speech / expression Rights of the accused
Elements of the Constitution Create a Constitutional Republic Limiting Majority Control/Protect Minority
Rights Separating Powers/Create Checks and
Balances Establish a Federal System
Constitutional Republic Republic: A form of government in which
the people select representatives to govern them and make laws. Favors the status quo - changes are slow Called a representative democracy.
Majority/Minority Rights James Madison believed that thwarting tyranny
by the majority was key to keeping government stable.
How? Place only one element directly in the hands of the
people… direct election of representatives. Senators were to be elected by State Legislatures.
Set up a bi-cameral congress—one cannot pass legislation without the other.
Figure 2.3
Separate Powers/Checks and Balances
Set up a Federalist system Divided the power between the federal
government and the individual states. By doing this they created a check on the
federal government.
What was done??? Federalist Papers—Support Ratification
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—Compromise 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.
Figure 2.4
Constitutional Change-Formal
Constitutional Change-Informal Judicial Interpretation
Miranda v. Arizona—strengthened 5th amendment rights
Changing Political Practice How the 10th amendment or states rights are
interpreted?
Technology Copyrights and patents
Increasing Demands on Policymakers
Understanding the Constitution There has been a gradual democratization of the
Constitution. Informal changes—PACs, political parties, universal
suffrage Constitutional Amendments—Bill of rights, 13th,14th,
15th, 17th, 19th, 24th, 26th amendments Court Decisions—Incorporation, Right to Privacy,
Brown v. BOE Legislation—Civil Rights Act 1964, Voting Rights
Act 1965, Open Housing Act 1968