AM GOV 2010 Joseph A. Losco Ralph E. Baker. THE CONSTITUTION Chapter 2

AM GOV 2010 AM GOV 2010

Joseph A. LoscoJoseph A. Losco

Ralph E. BakerRalph E. Baker

THE CONSTITUTIONTHE CONSTITUTION

Chapter 2Chapter 2

As You ReadAs You Read

What factors contributed to the need for a What factors contributed to the need for a Constitutional Convention?Constitutional Convention?

What are the basic principles that inform our What are the basic principles that inform our Constitution?Constitution?

In what ways does constitutional change In what ways does constitutional change occur? occur?

3© 2010 The McGraw-Hill Companies, Inc. All rights reserved.

THE FOUNDATIONS OF THE FOUNDATIONS OF AMERICAN DEMOCRACY AMERICAN DEMOCRACY

Early colonizationEarly colonization First permanent British colony was Jamestown, First permanent British colony was Jamestown,

founded in 1607founded in 1607 First representative assembly, Virginia’s House of First representative assembly, Virginia’s House of

Burgesses, created in 1619Burgesses, created in 1619 By 1732, 13 colonies are established with basic By 1732, 13 colonies are established with basic

government institutionsgovernment institutions



Economic distressEconomic distress Economic progress of colonies limited by British Economic progress of colonies limited by British

policiespolicies Cost of defending colonies leads Britain to impose Cost of defending colonies leads Britain to impose

unpopular taxesunpopular taxes First Continental Congress (1774) urges boycott of First Continental Congress (1774) urges boycott of

British goodsBritish goods American and British forces clash in 1775American and British forces clash in 1775



Declaration of Independence (1776)Declaration of Independence (1776) Asserts ideas of natural rights and equality of all Asserts ideas of natural rights and equality of all

menmen Political participation limited to free male property Political participation limited to free male property

holdersholders Serves as declaration of war and tool to rally Serves as declaration of war and tool to rally

support for revolutionsupport for revolution


THE BIRTH OF A NATIONTHE BIRTH OF A NATION

Articles of ConfederationArticles of Confederation Recognized states as sovereign, limiting powers of Recognized states as sovereign, limiting powers of

central governmentcentral government Did not include creation of a common currency or Did not include creation of a common currency or

national armynational army Hampered interstate commerce and tax collectionHampered interstate commerce and tax collection Shays’s Rebellion pointed out weaknesses of Shays’s Rebellion pointed out weaknesses of

Articles and spurred reformArticles and spurred reform



Constitutional Convention (1787), called to Constitutional Convention (1787), called to amend Articles; created new governing amend Articles; created new governing document, the Constitutiondocument, the Constitution Small states and large states disagreed over Small states and large states disagreed over

representation in Congressrepresentation in Congress Great Compromise: states’ representation equal in Great Compromise: states’ representation equal in

Senate and determined by population in House of Senate and determined by population in House of RepresentativesRepresentatives



Regional issuesRegional issues How to count slaves for taxation and congressional How to count slaves for taxation and congressional

representation?representation? Compromise: each slave counted as 3/5 of a personCompromise: each slave counted as 3/5 of a person Importation of slaves permitted by Constitution Importation of slaves permitted by Constitution

until 1808until 1808


CONSTITUTIONAL CONSTITUTIONAL PRINCIPLESPRINCIPLES

Constitution embodies liberal democratic Constitution embodies liberal democratic principles of self-rule and citizen control over principles of self-rule and citizen control over governmentgovernment

Separation of powers and checks and balances Separation of powers and checks and balances ensure no single branch dominates governmentensure no single branch dominates government

Constitution provides for federalism – power Constitution provides for federalism – power sharing between state and federal governmentssharing between state and federal governments


CONSTITUTIONAL CONSTITUTIONAL CONSTRUCTIONCONSTRUCTION

Article I deals with the organization, powers, Article I deals with the organization, powers, responsibilities, and qualifications for election of responsibilities, and qualifications for election of the legislature.the legislature.

Article II deals with the organization, powers, and Article II deals with the organization, powers, and responsibilities of the executive branch, including responsibilities of the executive branch, including qualifications for and powers of the president.qualifications for and powers of the president.

Article III creates the federal judicial system, Article III creates the federal judicial system, defines its powers and jurisdiction, and specifies defines its powers and jurisdiction, and specifies terms for appointment and dismissal of judges.terms for appointment and dismissal of judges.


CONSTITUTIONAL CONSTITUTIONAL CONSTRUCTIONCONSTRUCTION

Article IV discusses relations between the states, Article IV discusses relations between the states, admission of new states, and guarantees that states admission of new states, and guarantees that states have republican forms of government.have republican forms of government.

The remaining articles deal with a variety of The remaining articles deal with a variety of issues including the supremacy clause, which issues including the supremacy clause, which gives federal law precedence over state law.gives federal law precedence over state law.


THE FIGHT FOR THE FIGHT FOR RATIFICATION RATIFICATION

Federalists supported ratification of the Federalists supported ratification of the Constitution, but opposed adding a separate Bill Constitution, but opposed adding a separate Bill of Rights.of Rights.

Antifederalists opposed the Constitution on Antifederalists opposed the Constitution on several grounds:several grounds: Farmers feared a national currency would lower prices Farmers feared a national currency would lower prices

on commodities and enable wealthy to buy their landon commodities and enable wealthy to buy their land Many feared a powerful central government would Many feared a powerful central government would

threaten state sovereigntythreaten state sovereignty Demanded a Bill of Rights that protected basic Demanded a Bill of Rights that protected basic

freedomsfreedoms



The Constitution found support among The Constitution found support among commercial centers, Western territories, land commercial centers, Western territories, land speculators, plantation owners, and smaller states.speculators, plantation owners, and smaller states.

Federalists won hard-fought ratification battles in Federalists won hard-fought ratification battles in large states including Virginia, Massachusetts, large states including Virginia, Massachusetts, and New York.and New York.



In New York, pro-ratification articles called the In New York, pro-ratification articles called the Federalist PapersFederalist Papers offered insightful analysis of offered insightful analysis of the principles of American governmentthe principles of American government

Constitution adopted in 1790 when Rhode Island Constitution adopted in 1790 when Rhode Island became ninth state to ratify itbecame ninth state to ratify it

Congress presented Bill of Rights for Constitution Congress presented Bill of Rights for Constitution after ratification; states adopted Bill of Rights in after ratification; states adopted Bill of Rights in 17911791


CONSTITUTIONAL CHANGE CONSTITUTIONAL CHANGE

Framers provided two methods for amending Framers provided two methods for amending Constitution:Constitution: Amendment introduced to Congress and, if approved Amendment introduced to Congress and, if approved

by a 2/3 vote of both houses, submitted to the states by a 2/3 vote of both houses, submitted to the states for ratificationfor ratification

National convention called by Congress to propose National convention called by Congress to propose amendment if requested by 2/3 of state legislaturesamendment if requested by 2/3 of state legislatures

To be adopted, amendments must be ratified by To be adopted, amendments must be ratified by 3/4 of the states3/4 of the states

The Framers intended Constitution to be The Framers intended Constitution to be adaptable to change but difficult to amendadaptable to change but difficult to amend


CONSTITUTIONAL CHANGE CONSTITUTIONAL CHANGE

The Constitution has been flexible enough to adapt to The Constitution has been flexible enough to adapt to changing times and circumstances.changing times and circumstances.

Congress has often interpreted the Constitution in ways Congress has often interpreted the Constitution in ways that expanded congressional power or promoted that expanded congressional power or promoted government policies.government policies.

The case of The case of Marbury v. MadisonMarbury v. Madison (1803) established the (1803) established the Supreme Court’s power to rule on the constitutionality Supreme Court’s power to rule on the constitutionality of laws or other acts of government.of laws or other acts of government.

Constitutional amendments have expanded the Constitutional amendments have expanded the franchise to women, African Americans, and those franchise to women, African Americans, and those without property.without property.


THE CONSTITUTION AND THE CONSTITUTION AND CIVIC ENGAGEMENT CIVIC ENGAGEMENT

TODAYTODAY As Americans we celebrate our Constitution As Americans we celebrate our Constitution

every time we write our elected every time we write our elected representatives, read the newspaper, attend representatives, read the newspaper, attend religious services, or engage in political debate religious services, or engage in political debate in the classroom.in the classroom.

Since the 9/11 terrorist attacks, many rights Since the 9/11 terrorist attacks, many rights have been curbed in the interest of security.have been curbed in the interest of security.


System of Checks and BalancesSystem of Checks and Balances


Ratification of the ConstitutionRatification of the Constitution


Freedoms Guaranteed Freedoms Guaranteed by the Bill of Rightsby the Bill of Rights


Methods for Proposing and Methods for Proposing and Ratifying AmendmentsRatifying Amendments


Recent Unsuccessful Attempts to Recent Unsuccessful Attempts to Amend the ConstitutionAmend the Constitution


© 2010 The McGraw-Hill Companies, Inc. All rights reserved.

Hot or Not?Hot or Not?

Should the government be given Should the government be given greater authority to access greater authority to access Internet records for the purposes Internet records for the purposes of national security?of national security?

24

Get InvolvedGet Involved

In recent years, the U.S. House and Senate have In recent years, the U.S. House and Senate have taken up amendments to the Constitution taken up amendments to the Constitution proposing to define marriage as the union of a proposing to define marriage as the union of a man and woman. Although supporters of the man and woman. Although supporters of the Federal Marriage Amendment (FMA) have Federal Marriage Amendment (FMA) have failed to muster the requisite two-thirds vote failed to muster the requisite two-thirds vote needed for passage, they vow to continue their needed for passage, they vow to continue their battle to add this amendment to the U.S. battle to add this amendment to the U.S. Constitution. Constitution.


Get InvolvedGet Involved

Check the House (Check the House (www.house.gov) and Senate () and Senate (www.senate.gov) websites to determine your ) websites to determine your representative’s vote on this issue and representative’s vote on this issue and communicate your views in writing. communicate your views in writing.


SummarySummary

What factors contributed to the need for a What factors contributed to the need for a Constitutional Convention?Constitutional Convention?

After the Revolution, colonists found the After the Revolution, colonists found the Articles of Confederation too weak to help Articles of Confederation too weak to help them pay their war debt, control interstate them pay their war debt, control interstate commerce, and put down local rebellions like commerce, and put down local rebellions like the one fomented by Daniel Shays in the one fomented by Daniel Shays in Massachusetts.Massachusetts.


SummarySummary

What are the basic principles that inform What are the basic principles that inform our Constitution?our Constitution?

The basic principles of the Constitution are The basic principles of the Constitution are separation of powers, checks and balances, separation of powers, checks and balances, and a division of power between the states and and a division of power between the states and the national government known as federalism. the national government known as federalism.


SummarySummary

In what ways does constitutional change In what ways does constitutional change occur?occur?

The Constitution can be changed through The Constitution can be changed through amendment; through the actions of political amendment; through the actions of political leaders who stretch its meaning to adapt to leaders who stretch its meaning to adapt to social, political, and economic change; and by social, political, and economic change; and by court interpretation.court interpretation.


Documents

AM GOV 2010 Joseph A. Losco Ralph E. Baker. THE CONSTITUTION Chapter 2