AP Gov chapter 2

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The Constitution

Chapter 2

Edwards, Wattenberg, and Lineberry

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Constitution

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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.

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Sets the broad rules of the game

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The rules are not neutral; some participants

and policy options have advantages over

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Origins of the Constitution

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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}

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The Government That Failed

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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.

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The Government That Failed

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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}

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The Government That Failed

• _{Economic Turmoil}

– _{Postwar depression left farmers unable to pay debts}

– _{State legislatures sympathetic to farmers and passed laws}

that favored debtors over creditors

• _{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

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The Government That Failed

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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}

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Making a Constitution:

The Philadelphia Convention

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Gentlemen in Philadelphia

– _{55 men from 12 of the 13 states}

– _{Mostly wealthy planters and merchants}

– _{Most were college graduates with some political}

experience

– _{Many were coastal residents from the larger cities,}

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The Philadelphia Convention

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Philosophy into Action

– _{Human Nature, which is self-interested} – _{Political Conflict, which leads to factions}

– _{Objects of Government, including the preservation}

of property

– _{Nature of Government, which sets power against}

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The Agenda in Philadelphia

• _{The Equality Issues}

– _{Equality and Representation of the States}

• _{New Jersey Plan—equal representation in states}

• _{Virginia Plan—population-based representation}

• Connecticut Compromise – two house Congress one Senate with two representatives from each state, and one House based on population

• _{Benefited smaller states as they were guaranteed 2 Senators and}

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Cont.

– _{Slavery - Three-fifths compromise}

• _{Representation and taxation were to be based on the}

“number of free person’s “ plus three-fifths of the number of all other persons.

– _{Political Equality and voting left to states to set}

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The Agenda in Philadelphia

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The Economic Issues

– _{States had tariffs on products from other states} – _{Paper money was basically worthless}

– _{Congress couldn’t raise money} – _{Actions taken:}

• _{Powers of Congress to be strengthened}

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The Agenda in Philadelphia

• _{The Individual Rights Issues}

– _{Some were written into the Constitution:}

• Prohibits suspension of writ of habeas corpus

• No bills of attainder

• No ex post facto laws

• Religious qualifications for holding office prohibited

• Strict rules of evidence for conviction of treason

• Right to trial by jury in criminal cases

– _{Some were not specified}

• Freedom of speech and expression

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The Madisonian Model

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To prevent a tyranny of the majority, Madison

proposed a government of:

– _{Limiting Majority Control} – _{Separating Powers}

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The Madisonian Model

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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}

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The End of the Beginning

– _{The document was approved, but not}

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Ratifying the Constitution

Anti-Federalist

• _{Small farmers, shopkeepers,}

laborers

• _{Government Preferred}

– Strong state government

– Direct national government

– Shorter terms

– _{Rule by the common man} – Strengthened protection for

individual rights.

Federalist

• _{Large landowners, wealthy}

merchants, professionals

• _{Government Preferred}

– Weaker state government

– Strong national government

– Indirect election of officials

– _{Longer terms}

– Government by the elite

– _{Expected few violations of}

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Ratifying the Constitution

• _{Federalist Papers}

– _{A collection of 85 articles written by Alexander Hamilton,}

John Jay, and James Madison under the name “Publius” to defend the Constitution

• _{Bill of Rights}

– _{The first 10 amendments to the U.S. Constitution, drafted}

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Ratifying the Constitution

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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}

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Constitutional Change

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The Informal Process of Constitutional Change

– _{Judicial Interpretation}

• _{Marbury v. Madison}_{(1803): judicial review}

– _{Changing Political Practice}

– _Technology

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The Importance of Flexibility

• _{The Constitution is short, with fewer than 8,000}

words.

• _{It does not prescribe every detail.}

– _{There is no mention of congressional committees or}

independent regulatory commissions.

• _{The Constitution is not static, but flexible for future}

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Understanding the Constitution

• _{The Constitution and Democracy}

– _{The Constitution is rarely described as democratic.}

– _{There has been a gradual democratization of the}

Constitution.

• _{The Constitution and the Scope of Government}

– _{Much of the Constitution reinforces individualism and}

provides multiple access points for citizens.

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Summary

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The Constitution was ratified to strengthen

congressional economic powers, even with

disagreements over issues of equality.

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Protection of individual rights guaranteed

through the Bill of Rights.

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Formal and informal changes continue to