Policy - National Paralegal

Pearson Education, Inc., Longman © 2008

The Constitution The Constitution Chapter 2

Government in America: People, Politics, and Policy

Thirteenth Edition, and Texas Edition Edwards/Wattenberg/Lineberry



Constitution Constitution

l Definition – A constitution is a nation’s basic law. It creates political institutions, assigns or divides powers in government, and often provides certain guarantees to citizens.

l Sets the broad rules of the game l The rules are not neutral; some participants and policy options have advantages over others.


Origins of the Constitution Origins of the Constitution

l The Road to Revolution – Colonists faced tax increases after the French and Indian War.

– Colonists lacked direct representation in parliament.

– Colonial leaders formed the Continental Congress to address abuses of the English Crown.


Origins of the Constitution Origins of the Constitution l European Claims in North America (Figure 2.1)



l Declaring Independence – In May and June 1776, the Continental Congress debated resolutions for independence.

– The Declaration of Independence, which listed the colonists grievances against the British, is adopted on July 4, 1776.

– Politically, the Declaration was a polemic, announcing and justifying revolution.



l The English Heritage: The Power of Ideas – Natural rights: rights inherent in human beings, not dependent on government

– Consent of the governed: government derives its authority by sanction of the people

– Limited Government: certain restrictions should be placed on government to protect natural rights of citizens





l Winning Independence – In 1783, the American colonies prevailed in their war against England.

l The “Conservative” Revolution – Restored rights the colonists felt they had lost – Not a major change of lifestyles


The Government That Failed The Government That Failed

l The Articles of Confederation – The first document to govern the United States, it was adopted in 1777 and ratified in 1781.

– It established a confederation, a “league of friendship and perpetual union” among 13 states and former colonies.

– Congress had few powers; there was no president or national court system.

– All government power rested in the states.



l Changes in the States – Liberalized voting laws increased political participation and power among a new middle class.

– An expanding economic middle class of farmers and craft workers counterbalanced the power of the old elite of professionals and wealthy merchants.

– Ideas of equality spread and democracy took hold.


The Government that Failed The Government that Failed



l Economic Turmoil – Postwar depression left farmers unable to pay debts – State legislatures sympathetic to farmers and passed laws that favored debtors over creditors

l Shays’ Rebellion – Series of attacks on courthouses by a small band of farmers led by Revolutionary War Captain Daniel Shays to block foreclosure proceedings.

– Economic elite concerned about Articles’ inability to limit these violations of individual’s property rights



l The Aborted Annapolis Meeting – An attempt to discuss changes to the Articles of Confederation in September 1786

– Attended by only 12 delegates from 5 states – Called for a meeting in May 1787 to further discuss changes—the Constitutional Convention


Making a Constitution: Making a Constitution: The Philadelphia Convention The Philadelphia Convention l 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


The Philadelphia Convention, The Philadelphia Convention, continued continued

l Philosophy into Action – Human Nature, which is selfinterested – Political Conflict, which leads to factions – Objects of Government, including the preservation of property

– Nature of Government, which sets power against power so that no one faction rises above and overwhelms another


The Agenda in Philadelphia The Agenda in Philadelphia

l The Equality Issues – Equality and Representation of the States

l New Jersey Plan—equal representation in states l Virginia Plan—populationbased representation l Connecticut Compromise

– Slavery l Threefifths compromise

– Political Equality and voting left to states





l The Economic Issues – States had tariffs on products from other states – Paper money was basically worthless – Congress couldn’t raise money – Actions taken:

l Powers of Congress to be strengthened l Powers of states to be limited





l The Individual Rights Issues – Some were written into the Constitution:

l Prohibits suspension of writ of habeas corpus l No bills of attainder l No ex post facto laws l Religious qualifications for holding office prohibited l Strict rules of evidence for conviction of treason l Right to trial by jury in criminal cases

– Some were not specified l Freedom of speech and expression l Rights of the accused


The Madisonian Model The Madisonian Model

l To prevent a tyranny of the majority, Madison proposed a government of: – Limiting Majority Control – Separating Powers – Creating Checks and Balances – Establishing a Federal System


The The Madisonian Madisonian Model Model l The Constitution and the Electoral Process: The Original

Plan (Figure 2.2)





l The Constitutional Republic – Republic: A form of government in which the people select representatives to govern them and make laws

– Favors the status quo – change is slow l The End of the Beginning

– The document was approved, but not unanimously. Now it had to be ratified.


Ratifying the Constitution Ratifying the Constitution



l Federalist Papers – A collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison under the name “Publius” to defend the Constitution

l Bill of Rights – The first 10 amendments to the U.S. Constitution, drafted in response to some of the AntiFederalist concerns about the lack of basic liberties





l Ratification – Lacking majority support, the Federalists specified that the Constitution be ratified by state conventions, not state legislatures.

– Delaware first ratified the Constitution on December 7, 1787.

– New Hampshire’s approval (the ninth state to ratify) made the Constitution official six months later.


Constitutional Change Constitutional Change


Constitutional Change Constitutional Change

l The Informal Process of Constitutional Change – Judicial Interpretation

l Marbury v. Madison (1803): judicial review – Changing Political Practice – Technology – Increasing Demands on Policymakers


The Importance of Flexibility The Importance of Flexibility

l The Constitution is short, with fewer than 8,000 words.

l It does not prescribe every detail. – There is no mention of congressional committees or independent regulatory commissions.

l The Constitution is not static, but flexible for future generations to determine their own needs.


Understanding the Constitution Understanding the Constitution

l The Constitution and Democracy – The Constitution is rarely described as democratic. – There has been a gradual democratization of the Constitution.

l The Constitution and the Scope of Government – Much of the Constitution reinforces individualism and provides multiple access points for citizens.

– It also encourages stalemate and limits government.


Summary Summary

l The Constitution was ratified to strengthen congressional economic powers, even with disagreements over issues of equality.

l Protection of individual rights guaranteed through the Bill of Rights.

l Formal and informal changes continue to shape our Madisonian system of government.

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Policy - National Paralegal