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THE ORIGINS OF THE Constitution

THE ORIGINS OF THE Constitution. What is a Constitution?. Is a nation’s basic law that: 1) Creates political institutions 2) Assigns or divides governmental power 3) Provides guarantees to citizens 4) Includes unwritten accumulation of traditions 5) Sets the broad rules for politics.

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THE ORIGINS OF THE Constitution

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  1. THE ORIGINS OF THE Constitution

  2. What is a Constitution? • Is a nation’s basic law that: • 1) Creates political institutions • 2) Assigns or divides governmental power • 3) Provides guarantees to citizens • 4) Includes unwritten accumulation of traditions • 5) Sets the broad rules for politics

  3. The road to revolution • Originally the crown left most to the discretion of the colonial governments • After F and I war, Britain obtained new territory in North America • Parliament passed new laws and taxes to pay to protect it • Americans resented new taxes as tax with no representation • Responded by forming 1st Continental Congress to discuss future relation with Britain

  4. Declaring Independence • Continental Congress met almost continuously in 1775 and 1776 • In May and June of 1776 Congress began to debate resolutions of independence • After 2 days of debates on the wording, the Declaration of Independence was adopted on July 4 , 1776

  5. A Musical Interlude… http://www.youtube.com/watch?v=uZfRaWAtBVg

  6. The English Heritage: the power of ideas • John Locke’s writings (Second Treatise) often called textbook of the American Revolution. • Philosophy based on Natural Rights, the belief that people exist in the state of nature before governments existed. Also: • 1) Natural law brings natural rights • 2) Natural law superior to human law • 3) Government must be built on the consent of the governed • 4) Government should be limited • 5) Sole Purpose of Government is to protect natural rights • 6) Deep felt injustices could justify revolt

  7. Jefferson’s Handiwork • Close parallels between Locke’s thoughts and Jefferson’s language in the Declaration of Independence. • Although prominent at the constitutional convention, the concept of property sanctity was absent from the document. • Jefferson altered Locke’s phrase “life, liberty and property” to read “life, liberty and the pursuit of happiness”

  8. “Conservative” Revolution? • Revolution was essentially a conservative movement that did not drastically alter the colonists way of life • Primary goal was to restore the rights the colonists felt were already theirs as British subjects

  9. The Government that Failed • Articles of Confederation established a government dominated by the states. It: • A) Established a national legislature with one house- unicameral • B) States could send up to 7 delegates to it but had only one vote • C) Continental Congress had few powers- could not tax, regulate commerce • D) Had the power to raise and maintain an army and navy but no money to do so. • E) No president or national court system • F) Weaknesses prevented it from dealing with problems

  10. Changes in the States • 1) Dramatic increase in democracy and liberty (white males) • 2) Expanded political participation brought new middle-class to power including artisans and farmers • 3) With voting power, farmers and craft workers were now a force. Old colonial elite saw their power shrink- and didn’t like it

  11. Economic Turmoil • Postwar depression left many farmers unable to pay their debts • State legislatures were now under the control of people more sympathetic to debtors • A few states passed policies to help debtors favoring them over creditors such as “force acts”

  12. Shays’ Rebellion • In 1786, a small group of farmers in Western Massachusetts led by Captain Daniel Shays rebelled losing their land to creditors • Shays’ Rebellion was a series of armed attacks on courthouses to prevent judges from foreclosing on farms • Spurred the birth of the Constitution- need stronger government reaction and power

  13. Aborted Annapolis Meeting In September 1786, a small group of leaders gathered in Annapolis, Maryland to discuss the problem of commercial conflicts among the states. Only five states sent delegates so a call came for a full-scale meeting in Philadelphia the following may.

  14. Instructions in Philly.. • Delegates from 12 states came with Rhode Island refusing. • Told sole purpose was to revise the articles • Not possible due to unanimous vote needed • So- the 50 delegates ignored orders and began writing a new document

  15. Gentlemen in Philly… • 1) Select group of economic and political notables • 2)Men of wealth- many college graduates • 3) Although philosophical views differed, they all agreed on: • A) questions on human nature • B) the causes of political conflict • C) the object of a republican government • D) people were self-interested and government should take a role in checking this self-interest

  16. James Madison- “The Father of the Constitution • Most influential member of the convention • Believed the distribution of wealth was the source of political conflict • Claimed factions arose from unequal distribution of property • 1) One majority faction with little or no wealth • 2)Other minority faction had the wealth • Delegates believed that any faction unchecked could be tyrannical. Property must be protected from factions • Government must be balanced so no faction could completely take over

  17. The Agenda in Philadelphia • Constitution is silent on equality but many important issues on the agenda revolved around it: REPRESENTATION OF THE STATES: • New Jersey Plan- equal representation in congress • Virginia Plan- base representation on population • Connecticut Compromise- bicameral legislature SLAVERY: • Did not forbid slavery but limit future imports (prohibited it after 1808) • Escaped persons legally held to service must be returned • 3/5 compromise- made sense to them

  18. The Agenda in Philadelphia- cont… • POLITCAL EQUALITY: • A)Some delegates wanted suffrage for all free, adult males • B) Ultimately decided to leave issues to the states • ECONOMIC ISSUES: • A) Played a key role: • 1) Federalists stressed the weaknesses of the economy • 2) Anti-Federalists said these claims were not true

  19. What did the Constitution do?? • Spelled out the economic powers of congress: • A) Chief economic policy maker • B) Power to tax, borrow and appropriate funds • C) Powers to protect property rights, punish counterfeiters, issue patents, etc. • Prohibited states from certain practices like: • A) State monetary system • B) Placing duties on other states’ goods • C) Interfering with lawful debts • FULL FAITH AND CREDIT AND A REPUBLICAN FORM OF GOVERNMENT

  20. What did the Constitution do?? • INDIVIDUAL RIGHTS: • A) Felt preserving individual rights would be easy • B) After all, they were creating a limited government • C) powers were dispersed so each branch could check the others • D) Most felt states were already protecting rights

  21. What did the Constitution do?? • Mentioned little about personal freedoms but it did say: • A) the writ of habeas corpus maynot be suspended unless during war • B) Congress could not pass bills of attainder (punishment without trial) or ex post facto laws • C) Religious qualifications could not be used to hold public office • D) Treason is narrowly defined • E) The right to trial by jury in criminal cases is guaranteed • THE ABSENCE OF A SPECIFIC BILL OF RIGHTS LED TO ISSUES OVER RATIFICATION

  22. The Madisonian Model • Delegates were faced with a dilemma of reconciling economic inequality with economic freedom • James Madison and his colleagues feared all factions • The Madisonian Model states: • 1) to prevent tyranny of the majority, most government needs to be out of the control o the people • 2) voters’ electoral influence was limited and mostly indirect • 3) only the house was directly elected- senators and president would be indirectly elected • 4) power would be separated into a system of checks and balances to place power against power

  23. “Check” this out.. • Executive: • A) checks legislative with veto power • B) checks judicial by appointing judges • Legislative: • A) checks executive with “purse” power • B) checks judicial by confirmation of appointments • Judicial: • A) Checks executive and legislative through judicial review

  24. Ratifying the Constitution • Federalists verus Anti-Federalists • FEDERALISTS: • A) James Madison, Alexander Hamilton, John Jay- writing under the name Publius, wrote 85 articles called the Federalist papers • B) Defended the Constitution and called for its ratification • ANTI-FEDERALISTS: • A) Questioned the motives of the framers • B) Believed it was a class-based document to serve the elite • C) Said the document would erode both personal freedom and the powers of the states

  25. Compromise and Ratification • Federalists agreed to add amendments to the document to assure personal freedoms • A) James Madison introduced 12 potential amendments during the 1st congress in 1789 • B) 10 of these amendments, the Bill of Rights, were ratified by the states and took effect in 1791 • RATIFICATION: • Federalists specified ratification to be conducted through special conventions in each state • 9 of 13 states had to ratify for it to take effect • Delaware was first and New Hampshire was ninth some six months later • George Washington was the unanimous choice to be the 1st president

  26. Constitutional Change Formal Amendment: • 1) Changes the actual wording of the document • 2) Two stages to the process • A) Proposal- by either a 2/3 vote in each of congress or by a national convention called by congress at the request of 2/3 of state legislatures • B) Ratification- approval of either legislatures of ¾ of the states or by special conventions in ¾ of the states • Note: All amendments have been proposed by congress • Formal amendments have made the document more democratic

  27. Constitutional Change Informal Amendment: • 1) Changes the spirit of the document • May be done through: • A) Judicial interpretation- how it is read • B) Political practice- for example the electoral college is diiferent today than was intended • C) Technology- mass media, bureaucracy has grown, communications and advanced weapons • D) Power of the president has grown as a result of new demands for public policy- (superpower and domestic policy)

  28. Why be flexible? • The United States has the oldest functioning constitution inexistence today • The framers sought to create a document that could change with the times without sacrificing personal freedoms

  29. Understanding the Constitution • The Constitution and democracy: • 1) Democratic government was despised and feared among 18th century elite • 2) The Constitution created a republic, modeled after Locke’s tradition of limited government • 3) Major theme was the gradual democratization of the document away from elitist model toward the pluralist one • 4) Today few people fear democracy The Constitution and scope of government: • Separation of powers and checks and balances allow: a) all groups to be heard b) the politics of bargaining, compromise and an increase in hyperpluralism- which some argue leads to gridlock

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