chapter 2
TRANSCRIPT
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
Chapter 2: The Constitution
• The Origins of the Constitution• The Government That Failed: 1776–1787• Making a Constitution: The Philadelphia
Convention• Critical Issues at the Convention• The Madisonian System• Ratifying the Constitution• Changing the Constitution• Understanding the Constitution• Summary
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
Chapter Outline and Learning Objectives
• The Origins of the Constitution• LO 2.1: Describe the ideas behind the
American Revolution and their role in shaping the Constitution.
• The Government That Failed: 1776–1787• LO 2.2: Analyze how the weaknesses of the
Articles of Confederation led to its failure.
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
Chapter Outline and Learning Objectives
• Making a Constitution: The Philadelphia Convention• LO 2.3: Describe the delegates to the
Constitutional Convention and the core ideas they shared.
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
Chapter Outline and Learning Objectives
• Critical Issues at the Convention• LO 2.4: Categorize the issues at the
Constitutional Convention and outline the resolutions reached on each type of issue.
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
Chapter Outline and Learning Objectives
• The Madisonian System• LO 2.5: Analyze how the components of the
Madisonian system addressed the dilemma of reconciling majority rule with the protection of minority interests.
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
Chapter Outline and Learning Objectives
• Ratifying the Constitution• LO 2.6: Compare and contrast the
Federalists and Anti-Federalists in terms of their background and their positions regarding government.
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
Chapter Outline and Learning Objectives
• Changing the Constitution• LO 2.7: Explain how the Constitution can be
formally amended and how it changes informally.
• Understanding the Constitution• LO 2.8: Assess whether the Constitution
establishes a majoritarian democracy and how it limits the scope of government.
The Origins of the ConstitutionLO 2.1: Describe the ideas behind the American Revolution and their role in shaping the Constitution.
• Constitution• A nation’s basic law.• It creates political institutions, assigns or
divides powers in government, and often provides certain guarantees to citizens.
• Constitutions can be either written or unwritten.
To Learning ObjectivesCopyright © 2011 Pearson Education, Inc. Publishing as Longman
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
The Origins of the Constitution
• The Road to Revolution• Declaring Independence• The English Heritage: The Power of
Ideas• The American Creed• Winning Independence• The “Conservative” Revolution
To Learning Objectives
LO 2.1
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
The Origins of the Constitution
• The Road to Revolution (cont.)• 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.
To Learning Objectives
LO 2.1
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
The Origins of the Constitution
• 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.
To Learning Objectives
LO 2.1
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
The Origins of the Constitution
• The English Heritage: The Power of Ideas• Natural Rights – Rights inherent in human
beings, not dependent on government.• Consent of the Governed – The
government derives its authority by sanction of the people.
• Limited Government – Put certain restrictions on government to protect natural rights.
To Learning Objectives
LO 2.1
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
The Origins of the Constitution
• The American Creed• The sanctity of property was one of the few
ideas absent in Jefferson’s draft of the Declaration of Independence.
• Jefferson altered Locke’s phrase, “life, liberty, and property” to “life, liberty, and the pursuit of happiness.”
To Learning Objectives
LO 2.1
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
The Origins of the Constitution
• Winning Independence• In 1783, the American colonies prevailed in
their war against England.
• The “Conservative” Revolution• Restored rights the colonists felt they had
lost.• Not a major change of lifestyles.
To Learning Objectives
LO 2.1
The Government That Failed: 1776–1787LO 2.2: Analyze how the weaknesses of the Articles of Confederation led to its failure.
• The Articles of Confederation• Changes in the States• Economic Turmoil• The Aborted Annapolis Meeting
To Learning ObjectivesCopyright © 2011 Pearson Education, Inc. Publishing as Longman
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
The Government That Failed: 1776–1787
• The Articles of Confederation• The first document to govern the United
States, ratified in 1781.• It created a confederation 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.
To Learning Objectives
LO 2.2
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
The Government That Failed: 1776–1787
• Changes in the States• Voting laws increased political power
among a new middle class.• Middle class of farmers and craft workers
counterbalanced the power of professionals and wealthy merchants.
• Ideas of equality spread and democracy took hold.
To Learning Objectives
LO 2.2
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
The Government That Failed: 1776–1787
• Economic Turmoil• Postwar depression left farmers unable to
pay debts.• State legislatures sympathetic to farmers
passed laws that favored debtors over creditors.
To Learning Objectives
LO 2.2
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
The Government That Failed: 1776–1787
• Economic Turmoil (cont.)• In 1786, a group of farmers in western
Massachusetts led by Captain Daniel Shays rebelled at losing their land to creditors.
• Shays’ Rebellion was a series of armed attacks on courthouses to prevent judges from foreclosing on farms and it spurred the birth of the Constitution.
To Learning Objectives
LO 2.2
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
The Government That Failed: 1776–1787
• 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.
To Learning Objectives
LO 2.2
Making a Constitution: The Philadelphia ConventionLO 2.3: Describe the delegates to the Constitutional Convention and the core ideas they shared.
• U.S. Constitution• The document written in 1787 and ratified
in 1788 that sets forth the institutional structure of U.S. government and the tasks these institutions perform.
• It replaced the Articles of Confederation.
To Learning ObjectivesCopyright © 2011 Pearson Education, Inc. Publishing as Longman
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
Making a Constitution: The Philadelphia Convention
• Gentlemen in Philadelphia• Philosophy into Action
To Learning Objectives
LO 2.3
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
Making a Constitution: The Philadelphia Convention
• 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, not the rural areas.
To Learning Objectives
LO 2.3
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
Making a Constitution: The Philadelphia Convention
• Philosophy into Action• Human Nature – People were self-
interested and that government should check and contain the natural self-interest of people.
• Political Conflict – Wealth (property) distribution is the source of political conflict and that factions arise from the unequal distribution of wealth.
To Learning Objectives
LO 2.3
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
Making a Constitution: The Philadelphia Convention
• Philosophy into Action (cont.)• Objects of Government – Property must
be protected against the tyranny of faction.• Nature of Government – Secret of good
government is “balanced government” because as long as no faction could seize complete control of government, tyranny could be avoided.
To Learning Objectives
LO 2.3
Critical Issues at the ConventionLO 2.4: Categorize the issues at the Constitutional Convention and outline the resolutions reached on each type of issue.
• The Equality Issues• The Economic Issues• The Individual Rights Issues
To Learning ObjectivesCopyright © 2011 Pearson Education, Inc. Publishing as Longman
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
Critical Issues at the Convention
• The Equality Issues• Equality and Representation of the
States – The New Jersey Plan and Virginia Plan led to the Connecticut Compromise.
• Slavery – The question of how to count slaves was solved with the Three-Fifths Compromise.
• Equality in Voting – Delegates decided to leave voting qualifications to the states.
To Learning Objectives
LO 2.4
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
Critical Issues at the Convention
• The Economic Issues• States had tariffs on products from other
states.• Paper money was basically worthless.• Congress could not raise money.• Key actions taken – Powers of Congress
were strengthened and powers of states were limited.
To Learning Objectives
LO 2.4
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
Critical Issues at the Convention
• The Individual Rights Issues• 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.• Jury trial in criminal cases.
To Learning Objectives
LO 2.4
The Madisonian SystemLO 2.5: Analyze how the components of the Madisonian system addressed the dilemma of reconciling majority rule with the protection of minority interests.
• Thwarting Tyranny of the Majority• The Constitutional Republic• The End of the Beginning
To Learning ObjectivesCopyright © 2011 Pearson Education, Inc. Publishing as Longman
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
The Madisonian System
• Thwarting Tyranny of the Majority• Limiting majority control to keep most of
the government beyond the control of the masses.
• Separating Powers – Branches are relatively independent of the others so no single branch could control the others.
To Learning Objectives
LO 2.5
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
The Madisonian System
• Thwarting Tyranny of the Majority (cont.)• Creating Checks and Balances so each
branch needs the consent of the others for many actions.
• Establishing a Federal System so federalism divides power between national and state governments.
To Learning Objectives
LO 2.5
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
The Madisonian System
• The Constitutional Republic• A Republic is a form of government in
which the people select representatives to govern them and make laws.
• Tends to favor the status quo and limit political change.
• The End of the Beginning• The document was approved and now it
had to be ratified.To Learning Objectives
LO 2.5
Ratifying the ConstitutionLO 2.6: Compare and contrast the Federalists and Anti-Federalists in terms of their background and their positions regarding government.
• Federalists and Anti-Federalists• Ratification
To Learning ObjectivesCopyright © 2011 Pearson Education, Inc. Publishing as Longman
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
Ratifying the Constitution
• Federalists and Anti-Federalists• Federalists supported the new Constitution
and wrote the Federalist Papers to defend it.• Anti-Federalists opposed the new
Constitution and believed it was an enemy of freedom.
• The compromise between the two groups was the Bill of Rights.
To Learning Objectives
LO 2.6
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
Ratifying the Constitution
• Ratification• The Federalists specified that the
Constitution be ratified by state conventions and not state legislatures.
• Delaware first ratified the Constitution on 12-7-1787.
• New Hampshire’s (9th state) approval made the Constitution official six months later.
To Learning Objectives
LO 2.6
Changing the ConstitutionLO 2.7: Explain how the Constitution can be formally amended and how it changes informally.
• The Formal Amending Process• The Informal Process of
Constitutional Change• The Importance of Flexibility
To Learning ObjectivesCopyright © 2011 Pearson Education, Inc. Publishing as Longman
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
Changing the Constitution
• The Formal Amending Process• Proposal – An amendment may be
proposed either by a two-thirds vote in each house or chamber of Congress, or by a national convention called by Congress at the request of two-thirds of the state legislatures.
To Learning Objectives
LO 2.7
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
Changing the Constitution
• The Formal Amending Process (cont.)• Ratification – An amendment may be
ratified either by the legislatures of three-fourths of the states or by special state conventions called in three-fourths of the states.
To Learning Objectives
LO 2.7
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
Changing the Constitution
• The Informal Process of Constitutional Change• Judicial Interpretation – Marbury v.
Madison (1803) established judicial review.• Changing Political Practice – How the
political parties and the Electoral College practice today changed the Constitution.
To Learning Objectives
LO 2.7
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
Changing the Constitution
• The Informal Process of Constitutional Change (cont.)• Technology – Mass media, atomic
weapons, computers, and electronic communications have changed the Constitution.
• Increasing Demands on Policymakers – Demands for more domestic and foreign policies changed the Constitution.
To Learning Objectives
LO 2.7
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
Changing the Constitution
• The Importance of Flexibility• The Constitution created a flexible
government that could adapt to the needs of the times without sacrificing personal freedom.
• The Constitution is a short document (27 amendments and less than 8,000 words) that does not prescribe the structure and functioning of the national government in detail. To Learning Objectives
LO 2.7
Understanding the ConstitutionLO 2.8: Assess whether the Constitution establishes a majoritarian democracy and how it limits the scope of government.
• The Constitution and Democracy• The Constitution and the Scope of
Government
To Learning ObjectivesCopyright © 2011 Pearson Education, Inc. Publishing as Longman
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
Understanding the Constitution
• The Constitution and Democracy• Constitution created a republic
(representative democracy based on limited government).
• Historically, there has been a gradual democratization of the Constitution away from the elitist model of democracy and toward the pluralist one.
To Learning Objectives
LO 2.8
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
Understanding the Constitution
• The Constitution and the Scope of Government• Separation of powers and checks and
balances promote demands for public policy to be heard.
• Separation of powers and checks and balances promote bargaining, compromise, playing one institution against another, and an increase of hyperpluralism.
To Learning Objectives
LO 2.8
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
LO 2.1Summary
• The Origins of the Constitution• Ideas behind American Revolution and the
Constitution were belief in natural rights, consent of the governed, limited government, responsibility of government to protect property, and equality of citizens.
To Learning Objectives
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
The notion that the people must agree on who their rulers will be is referred to as
A. sanctity of property rights.
B. natural rights.
C. consent of the governed.
D. limited government.
To Learning Objectives
LO 2.1
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
The notion that the people must agree on who their rulers will be is referred to as
A. sanctity of property rights.
B. natural rights.
C. consent of the governed.
D. limited government.
To Learning Objectives
LO 2.1
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
LO 2.2Summary
• The Government That Failed: 1776–1787• The Articles of Confederation established a
government dominated by the states, without a permanent executive or national judiciary.
• A weak central government could not raise sufficient funds, regulate trade, protect property rights, or take action without unanimous consent of the states.
To Learning Objectives
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
The primary result of Shays’ Rebellion was to
A. spread similar, unruly behavior to ever larger and more effective groups.
B. force states to pass “force acts” and print money.
C. serve as a factor motivating the American Revolution.
D. precipitate a review of the Articles of Confederation in Annapolis.
To Learning Objectives
LO 2.2
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
The primary result of Shays’ Rebellion was to
A. spread similar, unruly behavior to ever larger and more effective groups.
B. force states to pass “force acts” and print money.
C. serve as a factor motivating the American Revolution.
D. precipitate a review of the Articles of Confederation in Annapolis.
To Learning Objectives
LO 2.2
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
LO 2.3Summary
• Making a Constitution: The Philadelphia Convention• The Framers were more educated, wealthy,
and urban than most.• Core ideas they shared were that people
were self-interested, wealth distribution was source of political conflict, object of government was protecting private property, and balanced government is best government.
To Learning Objectives
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
According to James Madison, which of the following is the primary source of political conflict?
A. Differing political ideologies.
B. The distribution of wealth.
C. Self-interested human nature.
D. The lack of education.
To Learning Objectives
LO 2.3
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
According to James Madison, which of the following is the primary source of political conflict?
A. Differing political ideologies.
B. The distribution of wealth.
C. Self-interested human nature.
D. The lack of education.
To Learning Objectives
LO 2.3
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
LO 2.4Summary
• Critical Issues at the Convention• The Framers intended to make the national
government an economic stabilizer.• The economic powers assigned to
Congress left no doubt it was to forge national economic policy.
• The Framers did include some specific individual rights.
To Learning Objectives
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
Which of the following economic powers are given to Congress in the U.S. Constitution?
A. Power to tax, borrow money, and print and coin money.
B. Power to regulate interstate and foreign commerce.
C. Power to broadly protect property rights.
D. All of the above.
To Learning Objectives
LO 2.4
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
Which of the following economic powers are given to Congress in the U.S. Constitution?
A. Power to tax, borrow money, and print and coin money.
B. Power to regulate interstate and foreign commerce.
C. Power to broadly protect property rights.
D. All of the above.
To Learning Objectives
LO 2.4
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
LO 2.5Summary
• The Madisonian System• The Founders reconciled majority rule with
minority interests by constraining both the majority and the minority.
• The Madisonian system dispersed power among separate branches of government, and gave them shared powers so that each branch had a check on the others.
To Learning Objectives
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
The system of governance set up in the U.S. constitutional republictends to
A. favor the status quo and limit political change.
B. be relatively efficient in producing political results.
C. encourage direct democracy.
D. centralize power.
To Learning Objectives
LO 2.5
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
The system of governance set up in the U.S. constitutional republictends to
A. favor the status quo and limit political change.
B. be relatively efficient in producing political results.
C. encourage direct democracy.
D. centralize power.
To Learning Objectives
LO 2.5
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
LO 2.6Summary
• Ratifying the Constitution• The Federalists, largely from the economic
elite, supported a strong national government.
• Anti-Federalists, largely from the middle class, supported a weaker national government and wanted individual liberties.
• The Federalists promised to propose what became known as the Bill of Rights.
To Learning Objectives
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
The Bill of Rights was adopted primarily to
A. allay fears that the Constitution would restrict freedom.
B. ensure that the Constitution had the support of the Federalists.
C. protect the states against the potential for abuses by the national government.
D. satisfy Madison’s concerns about factions and to check their effects.
To Learning Objectives
LO 2.6
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
The Bill of Rights was adopted primarily to
A. allay fears that the Constitution would restrict freedom.
B. ensure that the Constitution had the support of the Federalists.
C. protect the states against the potential for abuses by the national government.
D. satisfy Madison’s concerns about factions and to check their effects.
To Learning Objectives
LO 2.6
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
LO 2.7Summary
• Changing the Constitution• The formal amendment process requires
supermajorities in both houses of Congress and among the states.
• The informal process includes judicial interpretation, changing political practices, technology, and the increasing demands on policymakers.
To Learning Objectives
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
Which of the following means of amending the Constitution has never been used to date?
A. Proposal by ⅔ support in both houses of Congress.
B. Ratification by ¾ of state legislatures.
C. Ratification by ¾ of state conventions.
D. Proposal through a national convention called by Congress.
To Learning Objectives
LO 2.7
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
Which of the following means of amending the Constitution has never been used to date?
A. Proposal by ⅔ support in both houses of Congress.
B. Ratification by ¾ of state legislatures.
C. Ratification by ¾ of state conventions.
D. Proposal through a national convention called by Congress.
To Learning Objectives
LO 2.7
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
LO 2.8Summary
• Understanding the Constitution• The Constitution did not create a
majoritarian democracy so majorities do not always rule.
• Gradual democratization of the Constitution – Right to vote has expanded, senators are elected, and president electors are now agents of political parties.
To Learning Objectives
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
LO 2.8Summary
• Understanding the Constitution (cont.)• By protecting individual rights and limiting
government power to restrict them, the Constitution limits the scope of government.
• By dispersing power among institutions, the Constitution increases access of interests to government but also allows these interests to check each other and produce stalemate.
To Learning Objectives
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
The Constitution has been amended times to expand the electorate.
A. 5
B. 4
C. 3
D. 2
To Learning Objectives
LO 2.8
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
The Constitution has been amended times to expand the electorate.
A. 5
B. 4
C. 3
D. 2
To Learning Objectives
LO 2.8
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
Photo Credits
• 26: Jeff Fusco/Getty Images• 35: National Archives and Records• 39: New York Library Picture Collection • 47: US Capitol Historical Society• 53: Hulton Archive/Getty Images• 56: By permission of Mike Luckovich and Creator Syndicate