american politics today william t. bianco & david t. canon lecture powerpoints chapter 2: the...

American Politics Today

William T. Bianco & David T. Canon

Lecture PowerPoints

Chapter 2: The Constitution and the Founding

The Constitution and the Founding

Video

• Constitution Day?

Conflict at the Constitutional Convention

• The U.S. Constitution is a political document, created through conflict and compromise. It is by no means perfect and yet it has been the supreme law of the land for more than 220 years.

•Why do we have the Constitution?

Conflict at the Constitutional Convention

•The Articles of the Confederation failed.• Each state had a single vote in Congress.• No judicial branch• Each state had veto power over changes to

the Articles.• Congress had no real authority.

– Could not exclusively:» Make treaties and trade agreements» Coin money

•The Articles of the Confederation failed. (cont)•Articles did not include a president•The states maintained autonomy and did

not sacrifice any power to the national government

•The Articles of the Confederation failed. (cont)•A convention was called in Annapolis in Sept 1786

• Discuss interstate commerce• Only five states ended up sending delegates• Success?...they decided to call for another convention to

examine the defects of the current government.

•The Articles of the Confederation failed. (cont)

• “the straw that broke the camels back” – Shay’s rebellion• Economic depression after the war left many farmers

loosing their land• Frustration mounted - Daniel Shay’s led a thousand

farmers in an attempt to take over the courts.• Similar protests in PA and VA• Revealed fundamental distrust with the government

and the futures of the USA was at risk

Conflict at the Constitutional Convention

• Political Theories of the Framers• Republicanism is a form of government in

which the interests of the people are represented through elected leaders.

• Consent of the governed - Hobbes and Locke• Declaration of Independence

•Equality•Self rule•Natural rights

Video

• The Declaration Of Independence

Conflict at the Constitutional Convention

• Human nature and the problems it causes for democracy

• Self-interested• Government must control the governed and then

control itself.• Federalist 51

• Factions – people united by some common interest• Worried about majority tyranny• Federalist 10

• Objectives– Explain why Madison is often called – “The

Father of the Constitution”– Explain what Madison meant by faction– Understand Madison's remedy for the

problems of a faction in a democratic republic– Analyze Madison's assertions in Federalist

#10

• Madison– Theory related to realistic view of human

nature– Factions posed a special problem for

democratic societies– Factions could easily oppress the minority– A large republic could encompass many

different groups and provide a safeguard against tyranny of the majority

Conflict at the Constitutional Convention

• Economic Interests• Were the framers merely feathering their own

nests, or were they politicians trying to satisfy their constituents? – Charles Beard – Economic Interpretation of the Constitution

• Countered by the argument that opponents of the Constitution came from upper class

• Most scholars view the Constitution of both interest and ideas

The Politics of Compromise at the Constitutional Convention

• Key issues included• Majority rule vs. minority rights

– To the Founders, this meant regional and economic minorities and not racial/ethnic minorities.

– Factions should be set against each other to prevent the tyranny of any one faction.

» Separation of powers» Checks and balances» Pluralism

The Politics of Compromise at the Constitutional Convention

• Key issues included (cont)• The power of large states vs. small states

• Virginia Plan favoring large states• New Jersey Plan favoring small states• Great Compromise

– Bi-cameral legislature, one chamber based on size, the other containing equal representation across the states

The Politics of Compromise at the Constitutional Convention

• Key issues included (cont)• Legislative power, size, and scope vs.

executive power, size, and scope• How long should an executive serve? Should there

be one or three?• How to select the president?

– Electoral college wins out.» The emergence of political parties required a change

in the Constitution to prevent the second place finisher in the presidential election from becoming vice president (12th Amendment).

The Politics of Compromise at the Constitutional Convention

• Key issues included (cont)• Federal power vs. state power

• Federalism and the national supremacy clause• The 10th Amendment• Chapter 3 focuses on federalism exclusively.

Slavery and the Constitution

The Politics of Compromise at the Constitutional Convention

• Key issues included (cont)• Slave states vs. non-slave states

• A tough, emotional issue the founders never fully confronted– Put nation on a collision course for the Civil War– Given the political circumstances, the conventioneers were

in a tough position to do much else and yet succeed at ratifying a Constitution.

• Three-fifths Compromise– Logrolling on issues of runaway slaves and Congress’s

ability to regulate commerce and tax imports

Figure 2.1 Constitutional Time Line

Ratification

• While there were still strong disagreements among the Constitutional Convention members, approval of the Constitution was nearly unanimous.

• Federalists and Anti-Federalists debate•Anti-Federalists worried about executive power,

federal power, and a lack of a Bill of Rights.•Federalist Papers (Federalist 10 and 51)•Federalists agreed to a Bill of Rights.

Ratification

Ratification - State by State basis

• Del – 12/7/1787 30 0• Pa – 12/12/1787 46 23• NJ 38 0• GA 26 0• Conn 128 40• Mass 187 168• MD 63 11• SC 149 73• NH – 6/21/1788 57 47• VA 89 79• NY 30 27• NC 194 77• RI 34 32

Intermission

• End of part 1

• Part 2 – The Constitution: A Framework for Government. Pp 47 - 61

The Constitution: A Framework for Government

• While the Constitution has its flaws (slavery, undemocratic elections of senators, and the president), its principles of separation of powers and checks and balances have helped it stand for over 220 years. So, what does the Constitution say?

Santangelo’s Guide to the Constitution

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LessaS9/13

• 3 parts to the Constitution– Preamble– 7 Articles– Amendments

Preamble

• We The People…– 6 purposes of the US Government

• Form a more perfect union • establish justice• insure domestic tranquility• provide for the common defense• Promote the general welfare • secure the blessings of liberty

7 Articles

•Lessa 9/13

Amendments

• 27 Amendments– 1-10 Bill of Rights – 1791– 13 – 15 Civil War Amendments– Most deal with structure or function of gov’t or

voting related issues• 16 income tax, 19 women’s vote, 24 poll tax

– 18 repealed by 21

Today’s Objectives

• SWBAT– Make sense of the features of the Constitution

that prevent majority tyranny – differentiate between exclusive and shared

powers – Chart the formal amendment process – Asses the idea of a living constitution

Nuts and Bolts 2.3 Checks and Balances

The Constitution: A Framework for Government

• Exclusive Powers• Congress was the first branch of government.

– House of Representatives is the voice of the people– The Senate was seen as more of an elite institution.

• Congressional powers include:– Raise revenue via taxing and borrowing– Regulate commerce– Coin money– Establish roads, patents, copyrights

The Constitution: A Framework for Government

• Exclusive Powers (cont)• Declare war• Control the “purse”• The necessary and proper clause – “elastic clause"

Congressional Powers

The Constitution: A Framework for Government

• Exclusive Powers (cont)• Executive branch

– Has many fewer powers than Congress– The executive power “shall be vested” in the

president, a phrase presidents have used to argue for greater executive power in recent administrations

– Commander-in-chief– Ensures that laws are “faithfully executed”

The Constitution: A Framework for Government

– Exclusive Powers (cont)• Judicial branch

– Only six paragraphs are devoted to the courts. In fact, the Constitution does not explicitly mention judicial review, the key power currently used by the Supreme Court.

Appointment Power

The Constitution: A Framework for Government

• Shared Powers• No branch has exclusive control.• President can make treaties and nominate

judges, but both are done with the “advice and consent” of the Senate

• Congress’s war powers were originally intended to be shared with the president, but presidents have essentially taken that power away from the Congress over time.

The Constitution: A Framework for Government

• Negative or Checking Powers• President can veto, Congress can override• President can be impeached, so can judges• Congress controls the money even if the

executive branch is able to take power in other ways.

• Judicial review allows the Supreme Court to determine whether laws are constitutional.

Nuts and Bolts 2.4 Amending the Constitution

Is the Constitution a “Living Document”?

•Bianco and Canon argue there are four reasons that the Constitution continues to be a “living document.”• Turning a Blind Eye

– Irrelevant parts are ignored in modern America.

Is the Constitution a “Living Document”?

• Bianco and Canon argue there are four reasons that the Constitution continues to be a “living document.” (cont)• Ambiguity

– Elastic clause– Executive powers clause– Commerce clause– Enumerated powers

Is the Constitution a “Living Document”?

• Bianco and Canon argue there are four reasons that the Constitution continues to be a “living document.” (cont)• Changing the Constitution

– Can be called by Congress with two-thirds approval from both houses

– Can also be called by a national convention called by two-thirds of state legislatures

– Must be ratified by three-fourths of state legislatures or state conventions

Is the Constitution a “Living Document”?

• Bianco and Canon argue there are four reasons that the Constitution continues to be a “living document.” (cont)• Multiple Interpreters

– Implied powers often flow from the ambiguity of parts of the Constitution, such as the commerce clause.

– Public opinion and social norms also affect the interpretation of the Constitution; there is even some evidence that judges are responsive to public opinion.

American Politics Today

This concludes the lecture PowerPoint slideshow for Chapter 2: The Constitution and the Founding.

© 2009 W. W. Norton & Company, Inc.

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