Report 1
e.raymond
2ConstitutionOUTLINEFINALChapter2.pptxThe Constitution
What conditions led to the adoption of the Constitution that we have today?
What were the major issues debated at the Constitutional Convention in Philadelphia in 1787? How were these issues resolved through compromises?
How did the Founders envision the government would operate under the Constitution? Describe the Madisonian system.
What were the major debates between the Federalists and the Anti-Federalists leading up to the ratification of the Constitution?
What are the formal and informal ways that the Constitution changes?
The Constitution 2.1
What conditions led to the adoption of the Constitution that we have today?
First, what is a constitution?
Note the difference between constitutional laws and statutory laws.
The Constitution 2.2
Note the U.S. Constitution was a reaction to events and conditions as well as a reflection of the current thinking of the day.
Experience under British Rule
The Enlightenment or “The Age of Reason”
John Locke
Natural Rights: “rights inherent in human beings, not dependent on governments”
Life
Liberty
Property
Consent of the governed: “people must agree on who their rulers will be.”
Limited government: “there must be clear restrictions on what rulers can do.”
The Constitution 2.3
Experience under the Articles of Confederation (1781-1787)
Problems with the structure and functioning of government – most of the power resided with the states.
Economic turmoil: Shays’ Rebellion.
Changes in states: more responsive to the people, more egalitarian, and representative of those with moderate incomes. These developments worried the elite.
The Constitution 2.4
What were the major issues debated at the Constitutional Convention in Philadelphia in 1787? How were these issues resolved through compromises?
Constitutional Convention: May 1787 in Philadelphia
Actors: 55 men
Motivations
Goals
Keep in mind . . . the Constitution is a political document . . . created by politicians of the day. It is a result of a series of compromises.
The Constitution 2.5
Three broad categories of issues debated at the convention:
1. Equality issues
Representation in the government
New Jersey Plan
Virginia Plan
Connecticut Compromise
Slavery
To allow or not allow it: chose to allow it but Congress could forbid importation of slaves after 1808.
How to count for purposes of representation: Three-Fifths Compromise
Political equality
Should all free men be allowed to vote, or should there be property qualifications: left these issues to the states to decide.
The Constitution 2.6
2. Economic Issues
Problems: erected tariffs against other states, paper money was worthless, Congress had trouble raising money due to recession.
Solution: make Congress the chief economic policymaker with broad powers to create a flourishing economy.
3. Individual Rights Issues
Writ of habeas corpus, bills of attainder, ex post facto laws, forbids religious qualification, defines and outlines rules for Treason, and upholds jury trials.
The Constitution 2.7
How did the Founders envision the government would operate under the Constitution? Describe the Madisonian system.
Madisonian system
Madison and his colleagues feared both minority and majority factions.
They believed that minority factions were not a big problem since they could simply be outvoted. But to prevent tyranny of the majority faction, certain safeguards were needed:
place as much of the government’s power as possible beyond the direct control of voters.
separate the powers of different parts of the government.
create a system of checks and balances among the government’s parts.
The Constitution 2.8
The Constitution and the Electoral Process: The Original Plan
The Constitution 2.9
Separation of Powers and Checks and Balances in the Constitution
The Constitution 2.10
SUM UP: The Basic Principles of the Constitution: Madison’s Model
The basic problem – how does one create a strong national government without it becoming tyrannical, while at the same time preserving equality but also freedom?
Worries of the Founders Their Solution (?)
Giving people too much power Representative Democracy (republic)
Limit voter input
Minority rights Republic that is large/diverse
Specific provisions (and Amendments)
Concentrated power Separation of Powers
Checks and Balances
Federalism
The Constitution 2.11
Advantages and Disadvantages of this Government Structure
Advantages
prevents the likelihood of tyranny
allows for reflection and refinement of policy
more access points for individuals and groups who want to be heard
promotes bargaining and compromise among competing groups
Disadvantages
it is slow
there is an ideological bias in this type of structure (it favors conservative positions and the status quo)
so many groups placing demands may make it is difficult for the government to act
The Constitution 2.12
What were the major debates between the Federalists and the Anti-Federalists leading up to the ratification of the Constitution?
The Constitution 2.13
Ratification of the Constitution
Ratification required 9 of 13 state conventions.
Federalists versus the Anti-Federalists
Compromises were made by the Federalists to the Anti-Federalists: The Bill of Rights
The Constitution 2.14
What are the formal and informal ways that the Constitution changes? Formal Amendment Process: Two stages of the process: proposing and ratifying. Within each stage there are two routes that an amendment can take.
The Constitution 2.15
How the Constitution Can Be Amended
The Constitution 2.16
Informal Process of Change. This is possible due to:
Judicial interpretation. Marbury v. Madison (1803) established the practice of judicial review.
Changing political practices.
Technology and demands on policymakers.
The Constitution 2.17
Does the Constitution work?
In practical terms, how well does this system work?
Does the majority often get its way? Are minority rights protected?
Things to keep in mind about the Constitution:
not everyone got what they wanted or the way they wanted it in creating the Constitution.
lack of specificity, written in very broad terms.
we are still debating these issues and will be for a long time.
The Constitution 2.18
