Chapter 2: THE AMERICAN CONSTITUTION

AP US GOVERNMENT & POLITICS

Presentation Outline1) Origins and influences of the American Revolution

2) The Need for a Constitution

3) Making the US Constitution: The Philadelphia Convention

4) New Additions to the Constitution

5) Federalists vs. Anti-Federalists

1) Origins and influences of the American Revolution

Conservative movement◦ Restored rights that colonists felt they lost.

Influences behind the American Revolution◦ Theoretically based

◦ US is an experiment◦ Enlightenment ideals: Life, liberty, pursuit of property◦ Natural rights

◦ Unalienable◦ Based on nature.

John Locke

State of nature◦ Gov protects people.

Natural rights are in people, not given by government

◦ Life. Liberty, and property.

Letters Concerning Tolerance: 3 Reasons for religious tolerance

1. The State and human beings cannot evaluate the truth-claims of competing religions

2. Even if they could know the truth, belief could not be compelled by violence

3. Coercing religions -> more social disorder than diversity

Jean-Jaques Rousseau Humans are not evil just because they do not know morals◦ Society/ civilization is artificial,

therefore it creates inequality, envy, unnatural desires.◦ Society changes positive self-

love to pride.◦ But… social contract allows men

to move from feeling to reason

Charles de Secondat,Baron de Montesquieu

The Spirit of the Laws: Categorized Gov.◦2 types of government power. ◦ (1) Sovereign◦(2) Administrative

◦Created◦Separation of Powers System

◦Checks and Balances System

2) The Need for a Constitution

The Articles of Conderation were not sufficient for a new country:

Four years to put into effect (1777-1781) 1 vote/state 9/13 to ratify laws Delegates selected by state legislatures All 13 to amend No courts Congress had few powers other than army and navy No taxes, regulation of commerce, cant compel citizens to do anything.

Changes were happening in the states

Increase in democracy◦ Bill of rights in state constitutions, abolished religious qualifications for

office, less requirements for voting.

New middle-class of farmers◦ Overshadowed the rich.

Legislators became more powerful than governors◦ Governors were chosen by legislators., brief tenures, limited veto.

Post-war economic depression

States printed their own money

Pennsylvania Governmental System

Too much power in too few hands Unicameral 1 year terms, 4 term maximum Disenfranchised Quakers

◦ Conscientious objectors persecuted Ignored trial by juries

Poor Massachusetts

Voters had to own property Officeholders=Christians Shay’s Rebellion:

◦ Small band of farmers rebelled after debtors took their land.

◦ Series of attacks on courthouses to prevent foreclosure.

◦ Economic elite were taking law into their own hands.

Shay’s Rebellion

3) Making the US Constitution: The Philadelphia Convention

Scene at the Signing of the Constitution of the United States, by Howard Chandler Christy.

Who? 55 men from 12 of the 13 states

◦ Mostly wealthy planters and merchants◦ Most college grads with some political

experience. ◦ Many were from cities, not rural areas. ◦ Average age of 30

Proposal #1: Virginia Strong central government

◦ 3 branches◦ Bicameral legislature

1. Elected by the ppl2. Appointed by the 1st.

◦ Executive and Judiciary chosen by legislature. ◦ Council of Revision (exec and judges) can

veto which could not be overridden.

Proposal #2: New Jersey Plan

Amended, not cancelled, the Articles◦ One vote/state◦ Lower house elected by state legislatures◦ Each state gets the same number of seats.

Great Compromise AKA Connecticut Compromise

◦ Bicameral Legislature◦ House of Representatives, 65 elected by people. Based

on population of the state. ◦ Senate: 2per state, chosen by state legislatures

◦ More power goes to people who live in smaller states.

Three Issues and their Solutions

Equality of the state: Should state be represented equally (NJ) or proportionally (VA)?

Slavery

What should be done about slavery?

How should slaves be counted in state populations?

Political EqualityShould the right to vote be universal suffrage, or should it be restricted?

Both. House= population. Senate= 2per State

Although it stops imports after 1808, Constitution is silent3/5ths a person.

Let the states decide.

4) New Additions to Constitution

1) Judicial Review Supreme Court can declare laws unconstitutional

◦ Executive orders too. 2) Amending Process◦ ¾ of the states need to ratify all constitutional

amendments

Amendment Process

5) Federalist vs. Anti-Federalists Debate

Anti-Federalists (state’s righters)◦ Only small republics work◦ Loose confederation of states◦ Increased the size of the House of Representatives ◦ Decrease Congress’ power to tax◦ No BILL OF RIGHTS!

Federalists◦ Limiting majority control: Only house is elected by the people.

Life for judges, electoral college. 6 year term for Senators◦ Separating powers, shared not absolute

Federal government must be restricted

I consider the foundation of the Constitution as laid on this ground: That “all powers not delegated to the United States, by the Constitution, nor prohibited by it to the States, are reserved to the States or to the people.”

“To take a single step beyond the boundaries thus specially drawn around the powers of Congress, is to take possession of a boundless field of power, no longer susceptible of any definition.”Thomas Jefferson

George Washington

“It may be laid down as a primary position, and the basis of our system, that every Citizen who enjoys the protection of a Free Government, owes not only a proportion of his property, but even of his personal services to the defense of it.”