THE ORIGINS OF THE CONSTITUTION

What is a Constitution?

Is a nation’s basic law that: 1) Creates political institutions 2) Assigns or divides governmental

power 3) Provides guarantees to citizens 4) Includes unwritten accumulation of

traditions 5) Sets the broad rules for politics

The road to revolution

Originally the crown left most to the discretion of the colonial governments

After F and I war, Britain obtained new territory in North America

Parliament passed new laws and taxes to pay to protect it

Americans resented new taxes as tax with no representation

Responded by forming 1st Continental Congress to discuss future relation with Britain

Declaring Independence

Continental Congress met almost continuously in 1775 and 1776

In May and June of 1776 Congress began to debate resolutions of independence

After 2 days of debates on the wording, the Declaration of Independence was adopted on July 4 , 1776

The English Heritage: the power of ideas

John Locke’s writings (Second Treatise) often called textbook of the American Revolution.

Philosophy based on Natural Rights, the belief that people exist in the state of nature before governments existed. Also:

1) Natural law brings natural rights 2) Natural law superior to human law 3) Government must be built on the consent

of the governed 4) Government should be limited 5) Sole Purpose of Government is to protect

natural rights 6) Deep felt injustices could justify revolt

Jefferson’s Handiwork

Close parallels between Locke’s thoughts and Jefferson’s language in the Declaration of Independence.

Although prominent at the constitutional convention, the concept of property sanctity was absent from the document.

Jefferson altered Locke’s phrase “life, liberty and property” to read “life, liberty and the pursuit of happiness”

“Conservative” Revolution?

Revolution was essentially a conservative movement that did not drastically alter the colonists way of life

Primary goal was to restore the rights the colonists felt were already theirs as British subjects

The Government that Failed

Articles of Confederation established a government dominated by the states. It: A) Established a national legislature with one house-

unicameral

B) States could send up to 7 delegates to it but had only one vote

C) Continental Congress had few powers- could not tax, regulate commerce

D) Had the power to raise and maintain an army and navy but no money to do so.

E) No president or national court system F) Weaknesses prevented it from dealing with

problems

Changes in the States

1) Dramatic increase in democracy and liberty (white males)

2) Expanded political participation brought new middle-class to power including artisans and farmers

3) With voting power, farmers and craft workers were now a force. Old colonial elite saw their power shrink- and didn’t like it

Economic Turmoil

Postwar depression left many farmers unable to pay their debts

State legislatures were now under the control of people more sympathetic to debtors

A few states passed policies to help debtors favoring them over creditors such as “force acts”

Shays’ Rebellion

In 1786, a small group of farmers in Western Massachusetts led by Captain Daniel Shays rebelled losing their land to creditors

Shays’ Rebellion was a series of armed attacks on courthouses to prevent judges from foreclosing on farms

Spurred the birth of the Constitution- need stronger government reaction and power

Aborted Annapolis Meeting

In September 1786, a small group of leaders gathered in Annapolis, Maryland to discuss the problem of commercial conflicts among the states.

Only five states sent delegates so a call came for a full-scale meeting in Philadelphia the following may.

Instructions in Philly..

Delegates from 12 states came with Rhode Island refusing.

Told sole purpose was to revise the articles

Not possible due to unanimous vote needed

So- the 50 delegates ignored orders and began writing a new document

Gentlemen in Philly…

1) Select group of economic and political notables

2)Men of wealth- many college graduates 3) Although philosophical views differed, they

all agreed on: A) questions on human nature B) the causes of political conflict C) the object of a republican government D) people were self-interested and government

should take a role in checking this self-interest

James Madison- “The Father of the Constitution

Most influential member of the convention Believed the distribution of wealth was the source

of political conflict Claimed factions arose from unequal distribution

of property 1) One majority faction with little or no wealth 2)Other minority faction had the wealth

Delegates believed that any faction unchecked could be tyrannical. Property must be protected from factions

Government must be balanced so no faction could completely take over

The Agenda in Philadelphia

Constitution is silent on equality but many important issues on the agenda revolved around it: REPRESENTATION OF THE STATES:A) New Jersey Plan- equal representation in congressB) Virginia Plan- base representation on populationC) Connecticut Compromise- bicameral legislature

SLAVERY:D) Did not forbid slavery but limit future imports

(prohibited it after 1808)E) Escaped persons legally held to service must

be returnedF) 3/5 compromise- made sense to them

The Agenda in Philadelphia- cont…

POLITCAL EQUALITY: A)Some delegates wanted suffrage for all free,

adult males B) Ultimately decided to leave issues to the states

ECONOMIC ISSUES: A) Played a key role:

1) Federalists stressed the weaknesses of the economy

2) Anti-Federalists said these claims were not true

What did the Constitution do?? Spelled out the economic powers of congress:

A) Chief economic policy maker B) Power to tax, borrow and appropriate funds C) Powers to protect property rights, punish

counterfeiters, issue patents, etc.

Prohibited states from certain practices like: A) State monetary system B) Placing duties on other states’ goods C) Interfering with lawful debts

FULL FAITH AND CREDIT AND A REPUBLICAN FORM OF GOVERNMENT

What did the Constitution do?? INDIVIDUAL RIGHTS:

A) Felt preserving individual rights would be easy B) After all, they were creating a limited

government C) powers were dispersed so each branch could

check the others D) Most felt states were already protecting rights

What did the Constitution do?? Mentioned little about personal

freedoms but it did say: A) the writ of habeas corpus may not be suspended

unless during war B) Congress could not pass bills of attainder

(punishment without trial) or ex post facto laws C) Religious qualifications could not be used to hold

public office D) Treason is narrowly defined E) The right to trial by jury in criminal cases is

guaranteed

THE ABSENCE OF A SPECIFIC BILL OF RIGHTS LED TO ISSUES OVER RATIFICATION

The Madisonian Model

Delegates were faced with a dilemma of reconciling economic inequality with economic freedom

James Madison and his colleagues feared all factions

The Madisonian Model states: 1) to prevent tyranny of the majority, most

government needs to be out of the control o the people 2) voters’ electoral influence was limited and mostly

indirect 3) only the house was directly elected- senators and

president would be indirectly elected 4) power would be separated into a system of checks

and balances to place power against power

“Check” this out..

Executive: A) checks legislative with veto power B) checks judicial by appointing judges

Legislative: A) checks executive with “purse” power B) checks judicial by confirmation of appointments

Judicial: A) Checks executive and legislative through judicial

review

Ratifying the Constitution

Federalists verus Anti-Federalists FEDERALISTS: A) James Madison, Alexander Hamilton, John Jay-

writing under the name Publius, wrote 85 articles called the Federalist papers

B) Defended the Constitution and called for its ratification

ANTI-FEDERALISTS: A) Questioned the motives of the framers B) Believed it was a class-based document to serve

the elite C) Said the document would erode both personal

freedom and the powers of the states

Compromise and Ratification

Federalists agreed to add amendments to the document to assure personal freedoms A) James Madison introduced 12 potential amendments

during the 1st congress in 1789 B) 10 of these amendments, the Bill of Rights, were ratified

by the states and took effect in 1791

RATIFICATION:1) Federalists specified ratification to be conducted through

special conventions in each state2) 9 of 13 states had to ratify for it to take effect3) Delaware was first and New Hampshire was ninth some

six months later4) George Washington was the unanimous choice to be the

1st president

Constitutional Change

Formal Amendment:

1) Changes the actual wording of the document

2) Two stages to the process A) Proposal- by either a 2/3 vote in each of congress or by a

national convention called by congress at the request of 2/3 of state legislatures

B) Ratification- approval of either legislatures of ¾ of the states or by special conventions in ¾ of the states

Note: All amendments have been proposed by congress

Formal amendments have made the document more democratic

Constitutional Change

Informal Amendment:

1) Changes the spirit of the document

May be done through: A) Judicial interpretation- how it is read B) Political practice- for example the electoral college

is diiferent today than was intended C) Technology- mass media, bureaucracy has grown,

communications and advanced weapons D) Power of the president has grown as a result of new

demands for public policy- (superpower and domestic policy)

Why be flexible?

The United States has the oldest functioning constitution inexistence today

The framers sought to create a document that could change with the times without sacrificing personal freedoms

Understanding the Constitution The Constitution and democracy:

1) Democratic government was despised and feared among 18th century elite

2) The Constitution created a republic, modeled after Locke’s tradition of limited government

3) Major theme was the gradual democratization of the document away from elitist model toward the pluralist one

4) Today few people fear democracy

The Constitution and scope of government:1) Separation of powers and checks and balances allow:

a) all groups to be heardb) the politics of bargaining, compromise and an increase in hyperpluralism- which some argue leads to gridlock