2The Constitution

Burning the flag is legal, despite the objections of a majority of American citizens. How can that be? The answer is that it is speech that is constitutionally protected. The Constitution supersedes ordinary law, even when the law represents the wishes of a majority of citizens.

Video: The Basics

http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Seg2_Constitution_v2.html

2It’s not easy starting a government from scratch. What is the purpose of a Constitution? In this video, you will discover the reasons why the framers wrote the Constitution and how the Constitution sets up checks and balances, the protection of liberties, and the framework we need for a functioning democracy.

Assign Federalist Papers

Essential Question: Describe the ideas behind the American Revolution and their role in shaping the Constitution.

Road to Revolution

Declaring Independence

English Heritage: Power of Ideas

American Creed

Winning Independence

“Conservative” Revolution

Origins of the Constitution

2.1

Life was good in the colonies (Slaves excepted, of course) Self-governing-The colonies were prosperous and the British government

generally let them govern themselves as they saw fit. They enjoyed an unusual degree of

freedom, equality and autonomy for that era – assuming, of course, that you were white,

male, and reasonably well-off.

Irritants New taxes to finance French and Indian War Enforcement of trade regulations No representation in Parliament

Road to Revolution 2.1

FIGURE 2.1: European claims in North America

2.1

Following its victory in the French and Indian War in 1763, Britain obtained an enormous new territory to govern. To raise revenues to defend and administer the territory, it raised taxes on the colonists and tightened enforcement of trade regulations.

Protests and boycotts First Continental Congress – Sept. 1774

The colonists lacked direct representation in Parliament and resented the

legislature imposing taxes without their consent. They protested,

including the famous dumping of tea into Boston Harbor, and the British

responded with force. The colonists decided to send a delegation to

Philadelphia to hold a meeting to discuss relations with Britain.

Road to Revolution 2.1

Reconciliation or revolution? The delegates at the Second Continental Congress gradually shifted their

mindset from reconciliation to revolution.

Thomas Paine’s Common Sense Fanned revolutionary sentiments- Published in 1776,

Common Sense challenged the authority of the British government and the royal monarchy. The plain language that Paine used spoke to the common people of America and was the first work to openly ask for independence from Great Britain.

Declaring Independence 2.1

Common Sense 2.1

Declaration of Independence Thomas Jefferson Justified revolution-listed the ways that the king had abused

the colonists. Revolutionaries needed foreign assistance-Their

audience was not just their fellow colonists or British citizens

back home; they would need foreign assistance to mount a

successful revolution against the most powerful country in the

world, particularly from Britain’s historic enemy, France.

Declaring Independence 2.1

Delegates in Philadelphia 2.1

When the signers submitted the Declaration of Independence to Continental Congress President John Hancock, legend has it that Hancock remarked, “We must be unanimous; there must be no pulling different ways; we must hang together,” to which Franklin replied, “We must indeed all hang together, or, most assuredly, we shall hang separately.”

The signers were well aware that by signing the Declaration they were committing an act of treason, for which they would be hanged if unsuccessful.

John Locke Natural rights Life, liberty, property Purpose of government is to protect-If a government fails to do that, the

governed have a right to change the government. This was the colonists’ justification for independence.

Consent of the governed Limited government

English Heritage: Power of Ideas

2.1

Locke and the Declaration of Independence: Some parallels

2.1

Individualism-The ideas in the Declaration of Independence, that all men are created equal,

have value as individuals, and the right to rule instead of be ruled by a hereditary monarch, had been

articulated by philosophers but never put into practice in a real government.

Rule by the people

New ideas incubated in a unique environment

Winning independence not easy – took 8 yr

A conservative revolution?-The colonists were fighting for independence, not a new

way of life. They had not been oppressed and had been content until Parliament had imposed

new taxes and regulations. They were not seeking radical change, just the ability to continue

as they had been. https://www.youtube.com/watch?v=uZfRaWAtBVg

American Creed, Winning Independence, and the “Conservative” Revolution

2.1

2.1 Who was the primary author of the Declaration of Independence?a. John Locke

b. Benjamin Franklin

c. Thomas Jefferson

d. John Adams

2.1

a. John Locke

b. Benjamin Franklin

c. Thomas Jefferson

d. John Adams

2.12.1 Who was the primary author of the Declaration of Independence?

Essential Question:What were the weaknesses of the Articles of Confederation that led to its failure?

https://www.youtube.com/watch?v=QQtJNK5_8Uk

Government That Failed: 1776-1787

Articles of Confederation

Changes in the States

Economic Turmoil

Aborted Annapolis Meeting

2.2

Articles of Confederation

State-dominated government League of friendship amongst states Unicameral legislature No judiciary No executive No power to tax No power to regulate commerce Required unanimous consent of the states to pass anything imposed

on the “nation”

Feared strong central government because of the tyrannical Britain

2.2

Key provisions of the Articles of Confederation

2.2

https://www.youtube.com/watch?v=QQtJNK5_8Uk

Changes in the States

Increases in liberty, democracy If you were a white male-States were liberalizing requirements for voting. This

gave less affluent white males, who would previously have been excluded from the

franchise by property requirements, a say in state government. The new middle class

became the majority voting power in states such as New York, threatening the power of

elites.

Legislatures held governmental power Controlled governors-State constitutions concentrated power in the

legislatures because most people considered legislators to be closer to the

voters. Legislatures often selected the governors and kept them on a short

leash, with brief tenures and limited veto and appointment powers.

2.2

FIGURE 2.2: Power shift: Economic status of state legislators before and after the Revolutionary War

2.2

After the Revolution, power in the state legislatures shifted from the hands of the wealthy to those with more moderate incomes and from merchants and lawyers to farmers. This trend was especially evident in the northern states.

Economic Turmoil and Aborted Annapolis Meeting Postwar economic depression-left small farmers unable

to pay their mortgages. As we just noted, the middle class was gaining control of state

legislatures. They used their new power to pass laws friendlier to the debtors than the

creditors. These policies did not please the economic elite, who formed the creditor class and

formerly had control of state governments.

Shays’ Rebellion (1786) Farmers attack courthouses to prevent foreclosures Neither national nor state govt. could respond Elites privately put down rebellion

2.2

Shays’ Rebellion 2.2

News of the small rebellion spread quickly around the country, and some of the Philadelphia delegates thought a full-fledged revolution would result. The event reaffirmed the Framers’ belief that the new federal government needed to be a strong one to protect elites from the rising power of the masses.

Economic Turmoil and Aborted Annapolis Meeting Annapolis meeting leads to

Constitutional Convention-Shays’ Rebellion helped

spur the birth of the Constitution. Delegates from five states met in

Annapolis, Maryland, in September 1786 and quickly decided to hold a

full-scale meeting of all the states in Philadelphia in May 1787 to revise

the Articles.

2.2

2.2 What was a weakness of the Articles of Confederation?

a. Weak central government

b. No restraints on judiciary

c. Tyrannical executive

d. Legislature too large

2.2

2.2 What was a weakness of the Articles of Confederation?

a. Weak central government

b. No restraints on judiciary

c. Tyrannical executive

d. Legislature too large

2.2

Essential Question:Describe the delegates to the Constitutional Convention and the Core ideas they shared

Making a Constitution: Philadelphia Convention

Gentlemen in Philadelphia-The Framers of the Constitution were the elites of their states. They were more educated, wealthy, and urban than most Americans. They shared some of the following core ideas:

• people were self-interested• the distribution of wealth was the principal source of political conflict• the main object of government was protecting private property• and that power should be set against power to balance government.

Philosophy into Action!

2.3

Gentlemen in Philadelphia and Philosophy in Action Who attended Constitutional Convention?

55 delegates from 12 states Wealthy planters, lawyers, merchants They ignored their instructions to revise the Articles and set about designing a new

government

High principles versus self-interest They shared the view expressed by philosopher Thomas Hobbes that humans are self-interested so a

strong ruler is necessary to restrain man’s warlike tendencies, but they preferred Locke’s idea of limited

government.

Political conflict resulting from factions (parties, interest groups, wealth) Purpose of government-preserving property Montesquieu- separation of powers would prevent tyranny

2.3

2.3 The Framers chose a limited government based on

2.3

a. Checks

b. Balances

c. Separation of power

d. All of the above

2.3 The Framers chose a limited government based on

2.3

a. Checks

b. Balances

c. Separation of power

d. All of the above

Essential Question:

What were the issues at the Constitutional Convention and how were they resolved?

Critical Issues at the Convention

Equality Issues

Economic Issues

Individual Rights Issues

2.4

Equality Issues Equality and representation of the states

New Jersey Plan-small states-equal representation Virginia Plan-large states – based on population Connecticut Compromise- created a bicameral legislature with representation in

one chamber by population and in the other by two senators from each state

Slavery-The southern states received a promise that the slave trade would not be restricted until at

least 1808, that escaped slaves in free states were to be returned to their owners, and that slaves would

be counted as three-fifths of a person for purposes of representation in Congress.

Equality in voting-Still smarting from Shays’ Rebellion, most delegates wanted to restrict

voting to men with property but in the end they decided to leave voting qualifications up to the

individual states

2.4

How the Constitution resolved three issues of equality

2.4

Economic Issues State of the postwar economy

Interstate tariffs-inhibiting domestic commerce Worthless paper money-that states printed themselves Congress could not raise revenue-unable to raise money to pay debts

or provide for national defense.

Congress given economic power Levy taxes Regulate interstate trade

New government must repay debts of $54 million The Constitution obligated the new government to repay all $54 million in public debts incurred

under the Continental Congress and the Articles of Confederation.

2.4

Table 2.4: Economics in the Constitution

2.4

Individual Rights Issues

Preserving individual rights a priority The Constitution says little about personal freedoms except for these

specific protections:

o Except during wartime, habeas corpus, the right of a prisoner to know why he is being detained, may not be suspended.

o Bills of attainder, which punish people without a judicial trial, are prohibited. o Ex post facto laws that punish people for acts that were not illegal when

committed were prohibited.o Religious qualifications for holding public office were prohibited. o Treason was narrowly defined.o Criminal defendants had a right to trial by jury.

2.4

2.4 Which of the following is not a personal freedom protected in the original Constitution?

2.4

a. Right to run for office without religious qualifications

b. Right to writ of habeas corpus

c. Right to trial by jury

d. Right to freedom of speech

2.4 Which of the following is not a personal freedom protected in the original Constitution?

a. Right to run for office without religious qualifications

b. Right to writ of habeas corpus

c. Right to trial by jury

d. Right to freedom of speech

2.4

The Constitution expressly states some protections regarding personal freedoms. However, certain rights, such as freedom of speech, were not addressed. These freedoms were listed in the Bill of Rights, as we will soon learn.

Essential Question:Analyze the components of the Madisonian system and address the dilemma of reconciling majority rule with protection of minority interests.

Madisonian System

Thwarting Tyranny of the Majority

Constitutional Republic

End of the Beginning

2.5

James Madison 2.5

James Madison was the key figure in writing the Constitution. His views on checking power remain at the core of the structure of American government.

Thwarting Tyranny of the Majority Limiting majority control- only the House of Representatives was

elected by the people! James Madison’s system

Separating powers -3 branches

Creating checks and balances-One faction would be unlikely to control

all three branches of government at the same time.

Establishing a federal system-divided power between a national

government and the states. https://www.youtube.com/watch?v=bO7FQsCcbD8

2.5

FIGURE 2.3: The Constitution and the electoral process: Original plan

2.5

Madison’s plan allowed both direct and indirect elections. Voters directly elected only the House of Representatives. Senators were elected by state legislatures, and presidents by the electoral college, whose members were usually chosen by state legislatures rather than by voters. The president nominated judges. Over the years, Madison’s original model has been substantially democratized. In 1913 the Seventeenth Amendment established direct election of senators by popular majorities. Today, the electoral college has become largely a rubber stamp, voting the way the popular majority in each state votes.

Constitutional Republic and the End of the Beginning Creating a republic

Direct democracy not feasible Representative democracy

Separating powers and checks and balances make change slow

Is policymaking inefficient?

10 states vote in favor, then dinner

2.5

FIGURE 2.4: Separation of Powers and Checks and Balances in the Constitution

2.5

Signing of the Constitution

2.5

2.5 How did Madison seek to avoid tyranny of the majority in the design of the new government?a. Checks and balances

b. Separation of powers

c. Representative democracy

d. All of the above

2.5

2.5 How did Madison seek to avoid tyranny of the majority in the design of the new government?

a. Checks and balances

b. Separation of powers

c. Representative democracy

d. All of the above

2.5

https://www.youtube.com/watch?v=0bf3CwYCxXw&index=3&list=PL8dPuuaLjXtOfse2ncvffeelTrqvhrz8H

Essential question:Compare and Contrast the Federalists and Anti-Federalists in terms of their background and their positions regarding government.

Ratifying the Constitution

Federalists and Anti-Federalists

Ratification

2.6

Federalists and Anti-Federalists

Federalists Supported Constitution Federalist Papers Alexander Hamilton, James Madison, John Jay

Anti-Federalists Opposed Constitution No protection for civil liberties States’ power would weaken

2.6

Federalists and Anti-Federalists Compared

2.6

Bill of Rights arranged by function 2.6

Ratification

Ratification by special convention Got around state legislatures

Delaware first to approve

New Hampshire made it official

New York and Virginia critical

North Carolina and Rhode Island hold out

2.6

2.6 What was the purpose of the Federalist Papers?

a. To argue against the Constitution

b. To argue in support of the Constitution

c. To express concerns about the intent of the Framers

d. To provide a document about the creation of the Constitution

2.6

2.6 What was the purpose of the Federalist Papers?

a. To argue against the Constitution

b. To argue in support of the Constitution

c. To express concerns about the intent of the Framers

d. To provide a document about the creation of the Constitution

2.6

https://www.youtube.com/watch?v=bO7FQsCcbD8

Essential Question:Explain how the Constitution can be formally and informally amended.

Changing the Constitution

Formal Amending Process

Informal Processes of Constitutional Change

Importance of Flexibility

2.7

Formal Amending Process

Proposal Two-thirds vote in each house

National convention called by Congress

Ratification Legislatures of three-fourths of states

Special state conventions

2.7

FIGURE 2.5: How the Constitution can be amended

2.7

Informal Processes of Constitutional Change

Most changes have been informal

Judicial interpretation Marbury v. Madison (1803)

Changing political practice

Technology

Increased demands for new policy

2.7

Importance of Flexibility

Constitution meant to be flexible Many decisions left up to Congress

Flexibility key to survival World’s oldest Constitution

2.7

2.7

2.7 What is an example of an informal way the government has changed?

2.7

a. There is a two-party system.

b. Citizens vote directly for senators.

c. The Electoral College chooses the president.

d. Voting rights have been granted to everyone.

2.7 What is an example of an informal way the government has changed?

a. There is a two-party system.

b. Citizens vote directly for senators.

c. The Electoral College chooses the president.

d. Voting rights have been granted to everyone.

2.7

Essential Question:

How does the Constitution establish a majoritarian democracy and does it limit the scope of government?

Understanding the Constitution The Constitution and Democracy- The Constitution did not create a majoritarian

democracy. Majorities do not always rule in America. Nevertheless, there has been a gradual

democratization of the Constitution. The right to vote has expanded, direct election of senators has been

instituted, electors have become agents of political parties, and technology has facilitated direct, two-way

communication between office holders and the public.

Constitution and the Scope of Government-By protecting individual rights,

and thus limiting the ability of officials to restrict them, the Constitution limits the scope of government.

2.8

Constitution and Democracy

Original Constitution created a republic, not a democracy Framers thought elites should govern Representative democracy allowed Constitution to

become more democratic

From elitism to pluralism Voting qualifications left up to states 5 amendments have expanded electorate More officials chosen by popular election

2.8

Constitution and the Scope of Government

Constitution designed to limit government and protect liberties Broad participation possible

Effects of separation of powers All groups can be heard Encourages stalemate

Effects of checks and balances Gridlock or ineffective policy

2.8

Obama and Boehner 2.8

Because the Constitution decentralizes power, officials usually must negotiate to pass legislation. What do the expressions of President Obama, a Democrat, and the Republican Speaker of the House, John Boehner, tell you about the difficulty of negotiation?

2.8 The Framers chose a system of government called a republic because

a. they feared the power of the majority.

b. they believed in direct representation.

c. they supported a two-party system.

d. they wanted to establish the rights of the individual.

2.8

2.8 The Framers chose a system of government called a republic because

a. they feared the power of the majority.

b. they believed in direct representation.

c. they supported a two-party system.

d. they wanted to establish the rights of the individual.

2.8

https://www.youtube.com/watch?v=kCCmuftyj8A&index=5&list=PL8dPuuaLjXtOfse2ncvffeelTrqvhrz8H