Name ____________________________ A.P. Government & Politics Lecture Notes

Chapter 2: The Constitution Pump Primer:In one paragraph, explain why the Articles of Confederation failed.

Learning Objectives:2.1 Describe the ideas behind the American Revolution and their role in shaping the Constitution2.2 Analyze how the weaknesses of the Articles of Confederation led to its failure2.3 Describe the delegates to the Constitutional Convention and the core ideas they shared2.4 Categorize the issues at the Constitutional Convention and outline the resolutions reached on each

type of issue2.5 Analyze how the components of the Madisonian system addressed the dilemma of reconciling

majority rule with the protection of minority interests2.6 Compare and contrast the Federalists and Anti-Federalists in terms of their background and their

positions regarding government2.7 Explain how the Constitution can be formally amended and how it changes informally Understanding

the Constitution 2.8 Assess whether the Constitution establishes a majoritarian democracy and how it limits the scope of

government

Biblical Integration:Believers through God's strength and grace can have an impact on society.(Matt.5:13; 28:19-20)

Introduction:Burning the flag is legal, despite the objections of a majority of American citizens. How can that be? The answer is that it is speech that is constitutionally protected. The Constitution supersedes ordinary law, even when the law represents the wishes of a majority of citizens.

A Constitution is a nation’s basic law. It creates political institutions, allocates power within government, and often provides guarantees to citizens. Constitutions thus establish who has power in society, and how that power is exercised. This chapter examines the background of the Constitution, and shows that the main principle guiding the writing of the Constitution was a concern for limited government and self-determination.

Video: The Big PictureLet’s take a look at what the “law of the land” doesn’t say. What does the Constitution leave out? Author George C. Edwards III delves into why the government becomes deadlocked and how understanding the Constitution allows us to adjust expectations for what the government can—and cannot—accomplish.

Video: The Basics

It’s not easy starting a government from scratch. What is the purpose of a Constitution? In this video, you will discover the reasons why the framers wrote the Constitution and how the Constitution sets up checks and balances, the protection of liberties, and the framework we need for a functioning democracy.

Origins of the Constitution

The American Revolution was built on the foundation of belief in natural rights, consent of the governed, limited government, the responsibility of government to protect private property, and the equality of citizens. The Constitution written by the Framers incorporated all of these ideas.

(Revised: 6/2014)

Video - School House Rock – No More Kings

(LO 2.1) Describe the ideas behind the American Revolution and their role in shaping the Constitution

The Origins of the ConstitutionThe American Revolution was built on the foundation of belief in natural rights, consent of the governed, limited government, the responsibility of government to protect private property, and the equality of citizens. The Constitution written by the Framers incorporated all of these ideas.

The Road to Revolutiono Life was good in the colonies

(Slaves excepted, of course)

____________________________

(enjoyed an unusual degree of freedom, equality and self-rule for that era – assuming, of course, that you were white, male, and reasonably well-off)

o Irritants New ______________ to finance French and Indian War

Enforcement of trade __________________

No ________________________ in Parliament

Figure 2.1 European Claims in North AmericaFollowing its victory in the French and Indian War in 1763, Britain obtained an enormous new territory to govern. To raise revenues to defend and administer the territory, it raised taxes on the colonists and tightened enforcement of trade regulations.

The Origins of the Constitution

Irritants Americans resented the taxes, especially since they had no direct representation in Parliament.

o “Sons of Liberty” – formed in order to protest against the tax increases; mostly non-violent middle-class men (tradesman or shopkeepers). Known as a very conservative group.

Protests and boycotts

o ____________ Continental Congress – Sept. 1774

Sent delegates from each colony to Philadelphia to discuss the future of relations with Britain.

Declaring independence Reconciliation or revolution? In May and June of 1776, the Continental Congress began debating resolutions about independence;

after two days of debate on the wording, the ______________________ ____

____________________________ (written primarily by _______________ __________________)

was adopted on July 4.

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Politically, the Declaration was a polemic, announcing and justifying __________________. Thomas Paine’s Common Sense

o Gradually shifted the delegates mindset from reconciliation to _____________________, fanning revolutionary sentiments

o Encouraged the colonists to declare _______________________ from Britain. Justified revolution Revolutionaries needed foreign assistance

The colonists were fighting for independence, not a new way of life. They had not been oppressed and had been content until Parliament had imposed new taxes and regulations. They were not seeking radical change, just the ability to continue as they had been.

Declaring Independence

o The delegates at the Second Continental Congress formed a committee of five to compose a declaration of independence.

___________________ ________________________ – primary drafter

__________________________ revolution

Revolutionaries needed ________________ assistance

English Heritage: Power of Ideas

John Locke

o ___________________ ____________ (belief that people exist in a state of nature before governments arise, where they are governed only by the laws of nature)

________ , ________________, &

_______________________

Purpose of government is to

___________________

• In an extreme case, people have a right to _____________ against a government that no longer has their consent, but Locke stressed that people should not revolt until injustices become deeply felt

___________________ of the governedo The people must agree on who their rulers will be.

____________________ governmento Clear restrictions on what ruler’s can or cannot do

Locke and the Declaration of Independence: Some parallels

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Some of the text of the Declaration would be considered plagiarism if Jefferson had been writing a paper for school.

Video: Declaration of Independence (read by celebrities)

American Creed, Winning Independence, and the “Conservative” Revolution

Individualism Rule by the people New ideas incubated in a unique environment Winning independence not easy A conservative revolution? A Conservative Revolution

o The revolution was essentially a conservative movement that did not drastically alter the colonists’ way of life.

o The primary goal of the revolution was to _________________ rights the colonists felt were already theirs as British subjects.

Review QuestionWho was the primary author of the Declaration of Independence?

a. John Lockeb. Benjamin Franklinc. Thomas Jeffersond. John Adams

(LO2.2) Analyze how the weaknesses of the Articles of Confederation led to its failure

Government That Failed: 1776-1787The Articles of Confederation established a government dominated by the states, without a permanent executive or national judiciary. A weak central government could not raise sufficient funds to support a national defense, regulate commerce to encourage trade, protect property rights, or take action without the unanimous consent of the states. It was doomed to failure from the start, although it took the colonists some years to accept this.

Articles of Confederation State-dominated government

o League of friendship amongst states

o __________________ legislature

o No ________________________

o No ________________________

o No power to ________

o No power to regulate ______________________

Feared _______________ central government

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Key provisions of the Articles of Confederation

As we can see in this chart, the national government was weak and devoid of almost all power.

The Congress had no power to tax and could not pay for an army to defend the states, nor could it regulate interstate commerce, which prevented economic growth.

Changes in the States Increases in liberty, democracy

o If you were a white __________o States were liberalizing requirements for ______________

o The new _______________ class became the majority voting power.

New middle classo Artisans

o ___________________

o Elite power _________________

Legislatures held governmental powero Controlled governors

Legislatures held governmental powero most people considered legislators to be ______________ to the voters.

o Legislatures often selected the governors and kept them on a short leash:

brief _______________

limited ___________

appointment ________________

Power shift: Economic status of state legislators before and after the Revolutionary War

After the Revolution, ______________ in the state legislatures shifted from the hands of the

wealthy to those with more moderate incomes and from merchants and lawyers to

_________________.

This trend was especially evident in the ___________________ states.

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FIGURE 2.2: Power shift: Economic status of state legislators before and after the Revolutionary War

After the Revolution, power in the state legislatures shifted from the hands of the wealthy to those with more moderate incomes and from merchants and lawyers to farmers. This trend was especially evident in the northern states.

Economic Turmoil and Aborted Annapolis Meeting Postwar economic depression

o A postwar depression had left many small farmers unable to pay their debts; many were threatened with mortgage foreclosures.

o State legislatures were now under the control of people more sympathetic to __________.o A few states (notably Rhode Island) adopted policies to help debtors, favoring them over

creditors—some printed paper money and passed “force acts,” requiring creditors to accept the almost worthless money.

Shays’ Rebellion (1786)o In 1786, a small group of farmers in western Massachusetts led by Captain Daniel Shays

rebelled at losing their land to creditors.

Farmers attack courthouses to prevent ___________________

Neither national nor state govt. could respond

_____________ privately put down rebellion

Spurred the birth of the Constitution.

Annapolis meeting leads to Constitutional Convention

Delegates from only _________ states met in Annapolis, Maryland, in September 1786 and

quickly decided to hold a full-scale meeting of all the states in Philadelphia in May 1787 to

___________ __________________________

What was a weakness of the Articles of Confederation?a. Weak central governmentb. No restraints on judiciaryc. Tyrannical executived. Legislature too large

(LO 2.3) Describe the delegates to the Constitutional Convention and the core ideas they shared

Making a Constitution: Philadelphia Convention

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The Framers of the Constitution were the elites of their states. They were more educated, wealthy, and urban than most Americans. They shared some of the following core ideas:

• people were self-interested• the distribution of wealth was the principal source of political conflict• the main object of government was protecting private property• and that power should be set against power to balance government.

Gentlemen in Philadelphia and Philosophy in Action Who attended Constitutional Convention?

o ______ delegates from _____ states (Rhode Island refused participate)

o Wealthy planters, lawyers, merchants

o Delegates were given specific instructions to meet “_____________________________

______________________________________________________________________

Amendment was not feasible since amending the Articles required the

____________________ consent of the states.

o _________________ ___________________, who is often called “the father of the U.S. Constitution,” was perhaps the most influential member of the Convention in translating political philosophy into governmental architecture.

High principles versus self-interesto Human nature

People were __________-______________; government should check and contain the natural self-interest of people.

o Political conflict resulting from factions

_____________ (property) distribution is the source of political conflict; factions

arise from the unequal distribution of wealth.

o Purpose of government Property must be protected against the tyrannical tendencies of faction.

o Nature of government The secret of good government is “balanced government” because as long as no

faction could seize complete control of government, tyranny could be avoided.

Video: In the Real WorldLet’s see what others think about how the Constitution works. How well does the system of checks and balances in the United States work, and is it actually fair? Real people voice their opinions on whether or not they believe it is constitutional for Congress to check the power of the president—and vice versa.

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The Framers chose a limited government based ona. Checksb. Balancesc. Separation of powerd. All of the above

(LO 2.4) Categorize the issues at the Constitutional Convention and outline the resolutions reached on each type of issue

Critical Issues at the Convention

_______________________ Issues

_______________________ Issues

_______________________ Rights Issues

Conflicts over equality of representation led to the Connecticut Compromise, the three-fifths compromise, and the decision to leave the issue of voting rights to the states.

The greatest inequality of all, slavery, was so contentious an issue that the Framers simply avoided addressing it.

Equality Issues Equality and representation of the states

o _______________________ Plan - each state to be equally represented in the new Congress.

o ___________________ Plan - representation in Congress based on the state’s share of the American population.

o ___________________________________ – (adopted) bicameral legislature in which the Senate would have two members from each state and the House of Representatives would have representation based on population.

Slaveryo limit future __________________ of slaves (they prohibited it after 1808), but they did

not ________ slavery itself.

o Constitution stated that persons legally “held to service or labour” who escaped to free

states had to be ____________________ to their owners.

o ________________________ compromise, both representation and taxation were to be based upon the “number of free persons” plus three-fifths of the number of “all other persons.”

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Equality in votingo Some delegates favored suffrage for all free, adult males; some wanted to put property

qualifications on the right to vote. o Ultimately, they decided to leave the issue to the _____________. o How the Constitution resolved three issues of equality

oThis

table shows the compromises that resolved debates about equality in representation, slavery, and voting.

Economic Issues State of the postwar economy

o Interstate _______________

o _______________________ paper money

o Congress could not raise _________________

Congress given economic power

o ___________________ economic interference of states

New government must repay debts of $54 million

Let’s take a closer look at the powers given to Congress. Congress could raise revenue through taxing and borrowing. Having sound currency and paying off the national debt would encourage free enterprise.

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Individual Rights Issues Preserving individual rights a priority

o ____________ constitutions already protected individual rights

Personal freedoms in the Constitution:

o Suspension of _____________ _____________prohibited –(the right of a prisoner to

know why he is being detained)

o _________ of __________________ prohibited – (punish of people without a judicial

trial)

o ____ _________ ____________ laws prohibited – (punish people for acts that were

not illegal when committed )

o _________________ qualifications for office prohibited

o Strict rules for what constitutes _____________

o Right to trial by ___________ (Argued by Hamilton in Federalist 84)

Review Questiona. Right to run for office without religious qualificationsb. Right to writ of habeas corpusc. Right to trial by juryd. Right to freedom of speech

Video: In ContextThe U.S. Constitution is the oldest of any republic in the world. Why is it unusual that the United States Constitution has governed so long in its present form? Fordham University political scientist Costas Panagopolos explains why the Constitution is such a rarity and how it has succeeded in an evolving American society.

(LO 2.5) Analyze how the components of the Madisonian system addressed the dilemma of reconciling majority rule with the protection of minority interests

Madisonian System Thwarting Tyranny of the Majority

o The Founders reconciled majority rule with minority interests by constraining both the majority and the minority.

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o The system did this by dispersing power among ________________ branches of

government, each with a somewhat different constituency. It also gave them

______________ powers so that each branch had a __________ on the others.

Constitutional Republic End of the Beginning

James Madison

James Madison was the key figure in writing the Constitution. His views on checking power remain at the core of the structure of American government.

Thwarting Tyranny of the Majority Limiting majority control

o James Madison’s system James Madison and his colleagues feared both majority and minority

_____________________ (Federalist 10).

Only the _____________________________________ was directly elected; senators

and presidents were indirectly elected, and judges were nominated by the president

(modified by the ____________________ Amendment, which provides for direct

popular election of senators).

Separating powerso Madison’s scheme separated the powers of government into three branches, which

________________ the _________________ powers of the government among them.

FIGURE 2.3: The Constitution and the electoral process: Original plan

Madison’s plan allowed both direct and indirect elections. Voters directly elected only the House of Representatives. Senators were elected by state legislatures, and presidents by the electoral college, whose members were usually chosen by state legislatures rather than by voters. The president nominated judges.

Over the years, Madison’s original model has been substantially democratized. In

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1913 the Seventeenth Amendment established direct election of senators by popular majorities. Today, the electoral college has become largely a rubber stamp, voting the way the popular majority in each state votes.

Creating checks and balances Each branch required the consent of the others for many of its actions

• The president checks Congress by holding the ________ power.

• Congress holds the “purse strings” of government, and the Senate has the power

to approve presidential ______________________.

• ______________ ______________ (the power of courts to hold executive and

congressional policies unconstitutional) was not explicit in the Constitution, but

was asserted by the Supreme Court under John Marshall in

______________________________________ (1803).

FIGURE 2.4: Separation of Powers and Checks and Balances in the Constitution

The doctrine of separation of powers allows the three branches of government to check and balance one another. Judicial review, which is the power of courts to hold executive and congressional policies unconstitutional, was not explicit in the Constitution but was

Establishing a federal system

o Framers established a federal system of government that divided power between a

________________ government and the __________.

o Since the framers thought much government activity would take place in the states,

_____________________ was considered an additional check on the power of the

national government.

Constitutional Republic and the End of the Beginning

Creating a __________________o The Framers valued the idea of government by the people. They also knew direct

democracy, in which all the people vote on every issue, was neither feasible nor

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desirable. Instead they created a republic, in which representatives act on behalf of the people.

Separating powers and checks and balances make change slow Is policymaking inefficient? 10 states vote in favor, then dinner Is policymaking inefficient?

o Ben Franklin argued that the policymaking process was too cumbersome to enable the government to respond effectively to pressing matters.

10 states vote in favor

o Ten of the _______________ states present voted in favor of the Constitution and all but three of the remaining delegates signed it.

o Then everyone adjourned to a tavern.

Review QuestionHow did Madison seek to avoid tyranny of the majority in the design of the new government?

a. Checks and balancesb. Separation of powersc. Representative democracyd. All of the above

Ratifying the ConstitutionRatification of the Constitution was not a foregone conclusion. The Federalists, who were largely from the economic elite, supported a strong national government. They preferred to insulate public officials from public opinion.

Anti-Federalists, largely from the middle class, supported a weaker national government. They preferred direct forms of democracy, and wanted stronger protection of individual liberties than the original Constitution offered. As a result, the Federalists promised to propose what became the Bill of Rights.

Federalists and Anti-Federalists

Federalists

o ___________________ Constitution

o Stressed the economy’s weaknesses

o _________________ _____________ Alexander Hamilton, James Madison, John Jay

Anti-Federalists

o _____________________ Constitution

o No protection for civil liberties

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o States’ power would _______________

o Claimed that charges of economic weakness were overstated

Federalists and Anti-Federalists Compared

Do you see any links between the background and government preferences of the Federalists and Anti-Federalists?

Ratification Ratification by _________________ convention

o Got around state legislatures

Delaware first to approve

New Hampshire made it official

__________ _____________ and ___________________ critical

__________ _________________ and ___________ _____________ hold out

Bill of Rights Compromise to assure ratification:

o James Madison introduced ______ constitutional amendments during the First Congress in 1789.

o Ten of the amendments—known as the __________ ____ ___________—were ratified by the states and took effect in 1791.

Bill of Rights arranged by function

The protections in the Bill of Rights fall into several categories of civil liberties.

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Review QuestionWhat was the purpose of the Federalist Papers?

a. To argue against the Constitutionb. To argue in support of the Constitutionc. To express concerns about the intent of the Framersd. To provide a document about the creation of the Constitution

Explore the Simulation: You Are a FounderThis exercise will help enhance our understanding of the times. James Madison was deeply involved in drafting the Constitution and in resolving the most important debates among convention delegates. In this simulation, you will play the role of James Madison, and try to garner enough political support to make the Constitution the official “Law of the Land.”

Explore the Constitution: How Long Did It Take to Ratify the Constitution?The ratification process was lengthy and the outcome was not a sure thing. Let’s explore this process in depth with this activity.

(LO 2.7) Explain how the Constitution can be formally amended and how it changes informally Understanding the Constitution

Changing the Constitution Formal Amending Process

o Constitutional change, both formal and informal, continues to shape and alter the letter and the spirit of the Madisonian system.

o The formal amendment process, requiring supermajorities in both houses of __________

and among the ____________, poses difficult hurdles.

Informal Processes of Constitutional Change

o ____________________ interpretation, changing political practices, technology, and the increasing demands on policymakers have also changed the constitutional system in fundamental ways, providing a valuable flexibility.

o Importance of Flexibility

_____________ to the needs of the times without sacrificing personal freedoms

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Formal Amending Process Proposal

o _________ -_________ vote in each house

o ____________________ convention called by Congress

Ratification

o Legislatures of _________-_________ of states

o Special ____________ conventions

FIGURE 2.5: How the Constitution can be amended

The Constitution sets up two alternative routes for proposing amendments and two for ratifying them. One of the four combinations has been used in every case but one.

The goal of most constitutional amendments thus far has been to make the Constitution more democratic and egalitarian. Amendments have abolished slavery, prohibited discrimination, and expanded the franchise to women, minorities, and citizens over 18.

Informal Processes of Constitutional Change Most changes have been informal Judicial interpretation

o Marbury v. Madison (1803)

________________ _____________ (power to decide whether the actions of the legislative and executive branches of state and national governments are in accord with the Constitution)

Changing political practice Technology Increased demands for new policy

CartoonThe constitution has lasted for more than 200 years. What events have tested it? Why has it survived?

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Review QuestionsWhat is an example of an informal way the government has changed?

a. There is a two-party system.b. Citizens vote directly for senators.c. The Electoral College chooses the president.d. Voting rights have been granted to everyone.

Simulation: You Are Proposing a Constitutional Amendment

Video: Thinking Like a Political ScientistLet’s look at the what the Constitution created. How do the institutions created by the U.S. Constitution operate and how has their role changed over time? Fordham University political scientist Costas Panagopolos examines this and other emerging issues in the research and in the study of the Constitution.

(LO 2.8) Assess whether the Constitution establishes a majoritarian democracy and how it limits the scope of government

Understanding the ConstitutionThe Constitution did not create a majoritarian democracy. Majorities do not always rule in America. Nevertheless, there has been a gradual democratization of the Constitution. The right to vote has expanded, direct election of senators has been instituted, electors have become agents of political parties, and technology has facilitated direct, two-way communication between office holders and the public.

By protecting individual rights, and thus limiting the ability of officials to restrict them, the Constitution limits the scope of government. By dispersing power among institutions, it increases the access of interests to government but also allows these interests to check each other and produce a stalemate.

Constitution and Democracy Original Constitution created a republic, not a democracy

o Framers thought ___________ should govern

o Representative democracy allowed Constitution to become more democratic

a representative form of _____________________ modeled after the Lockean

tradition of limited government.

From elitism to pluralism

o Voting qualifications left up to ___________

o 5 amendments have expanded electorate

o More officials chosen by _______________________ election

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Constitution and the Scope of Government Constitution designed to limit government and protect liberties

o Broad participation by _____________________ are now more possible

Effects of separation of powers

o All groups can be ___________

o Encourages stalemate - it requires coordination and agreement to pass new legislation

Effects of checks and balances

o Diversity can lead to ________________ or ineffective policy

Obama and Boehner

Because the Constitution ____________________ power, officials usually must negotiate to pass legislation.

What do the expressions of President Obama, a Democrat, and the Republican Speaker of the House, John Boehner, tell you about the difficulty of negotiation?

Review QuestionThe Framers chose a system of government called a republic because

a. they feared the power of the majority.b. they believed in direct representation.c. they supported a two-party system.d. they wanted to establish the rights of the individual.

Discussion Question

Did learning that the Framers were elites who feared majority rule surprise you?

Does it change any ideas you had about American government and politics, and the Framers themselves?

Video: So What?Stability or stubbornness? Discover why change in the government sometimes seems next-to-impossible. Author George C. Edwards III illustrates how the Constitution encourages government to move slowly, and provides some theories on why maybe that's not such a bad thing.

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