Chapter 2: The Constitution PDF

# Chapter 2: The Constitution ## Chapter Outline and Learning Objectives ### The Origins of the Constitution - 2.1 Describe the ideas behind the American Revolution and their role in shaping the Constitution. ### The Government that Failed: 1776-1787 - 2.2 Analyze how the weaknesses of the Articl...

# Chapter 2: The Constitution ## Chapter Outline and Learning Objectives ### The Origins of the Constitution - 2.1 Describe the ideas behind the American Revolution and their role in shaping the Constitution. ### The Government that Failed: 1776-1787 - 2.2 Analyze how the weaknesses of the Articles of Confederation led to its failure. ### Making a Constitution: The Philadelphia Convention - 2.3 Describe the delegates to the Constitutional Convention and the core ideas they shared. ### Critical Issues at the Convention - 2.4 Categorize the issues at the Constitutional Convention and outline the resolutions reached on each type of issue. ### The Madisonian System - 2.5 Analyze how the components of the Madisonian system addressed the dilemma of reconciling majority rule with the protection of minority interests. ### Ratifying the Constitution - 2.6 Compare and contrast the Federalists and Anti-Federalists in terms of their backgrounds and their positions regarding government. ### Changing the Constitution - 2.7 Explain how the Constitution can be formally amended and how it changes informally ### Understanding the Constitution - 2.8 Assess whether the Constitution establishes a majoritarian democracy and how it limits the scope of government. ## Politics in Action: Amending the Constitution - Gregory Lee Johnson protested against nuclear weapons and corporate and presidential policies concerning nuclear weapons by burning an American flag at a political rally. - He was convicted of "desecration of a venerated object" and sentenced to one year in prison and fined $2,000. - Gregory appealed his conviction, claiming that the law prohibited burning a flag violated his right to freedom of speech. - He won his case in the Supreme Court, which upheld the verdict of the trial court and deemed the law prohibiting flag-burning unconstitutional. - The public disagreed with the Supreme Court's verdict and President George Bush called for a constitutional amendment authorizing punishment for flag desecraters. - The amendment was not passed since it failed to obtain the two-thirds vote in the Houses of Congress. - Congress passed a law-**The Flag Protection Act**-which outlawed the desecration of the American flag. - The Supreme Court found the act unconstitutional in **U.S. v. Eichman**, deeming it an impermissible infringement on free speech. - Gregory Lee Johnson was able to win his case because of the Constitution, which supersedes statutory law. ## Constitution - A nation's basic law. - Creates political institutions, assigns powers in government, and provides guarantees to citizens. - Can be written or unwritten. ## The Origins of the Constitution - The American Revolution was triggered by the Declaration of Independence, which called for the separation of the American colonies from the British Empire. - Though the American colonies were considered more prosperous and free compared to Europe, white colonists still faced colonial rule. - The declaration was meant to be a formal justification for the rebellion against the British government, which led to the American Revolution. - The attempt at overthrowing a government through force is considered an unusual and, by European standards, risky action. - Life was not bad for most people in America at the time of the Revolution-slaves and indentured servants being major exceptions-however the colonists still faced British rule, which ultimately led to the Revolution. ## The Road to Revolution - The British Empire governed the American colonies, yet the king and Parliament primarily confined themselves to America's foreign policy and trade. - The colonists did not have direct representation in Parliament and resented its imposing taxes on them without their consent. - The colonists responded by establishing the First Continental Congress in September 1774, sending delegates from each colony to Philadelphia to discuss the future of relations with Britain. ## Declaring Independence - The colonists were influenced by Thomas Paine's fiery tract **Common Sense**, which was published in January 1776 and encouraged the colonists to declare independence from Britain. - The second continental Congress approved the Declaration of Independence on July 4, 1776. The document was primarily authored by Thomas Jefferson and was a formal document that stated the colonists' grievances against the monarchy and declared their independence. ## Natural Rights - Rights inherent in human beings, not dependent on governments. - Include life, liberty, and property. - John Locke believed in natural rights and argued they were not dependent on governments. ## Consent of the Governed - The idea that government derives its authority from the people. ## Limited Government - The idea that certain restrictions should be placed on government to protect the natural rights of citizens. ## The English Heritage: The Power of Ideas - John Locke, a highly influential philosopher, believed that people lived in a state of nature and therefore were governed by natural laws, which ultimately provided natural rights. - Lock believed that the government should be based on the consent of the governed and should protect natural rights. - He believed that people have a right to revolt against a government that no longer has their consent. ## The American Creed - The Declaration of Independence is a powerful statement of the American democratic creed. - The document emphasizes equality, individual rights, and consent of the governed. - The Declaration of Independence was inspired by the ideas of European intellectuals who sought to challenge the power of kings. ## Economic Turmoil - A postwar depression left small farmers unable to pay their debts, which caused a series of armed attacks on courthouses called Shays' Rebellion by a band of farmers in western Massachusetts. - The economic elite were scared because rebels like Shays took the law into their own hands. ## The Aborted Annapolis Meeting - In September 1786, leaders assembled in Annapolis to consider commercial conflicts arising among the states. - There was a decision made to hold a larger meeting in Philadelphia the following May to discuss the concerns of the states, which ultimately led to the Constitutional Convention. - The Continental Congress granted the request for a meeting of the states in Philadelphia. ## Making a Constitution: The Philadelphia Convention - Delegates from 12 states came to Philadelphia to consider the situation in the United States-only Rhode Island refused to send delegates. - The 55 delegates decided to write the U.S. Constitution, a new document that established the institutional framework of the U.S. government. ## Gentlemen in Philadelphia - The 55 delegates were mostly wealthy individuals and political notables. - Most were lawyers, merchants, and men of independent wealth. - Most were college graduates and had practical political experience. - Most were coastal residents rather than residents of the expanding western frontiers, and a significant number were urbanites. ## Philosophy into Action - The delegates debated about the nature of republican government for two weeks. - The delegates did not agree with each other on the nature of democracy, but they did agree on the following core ideas: - *Human Nature*: The delegates believed that humans were inherently selfish and that government is needed to restrain their tendency toward conflict, but they also believed that government must be limited. - *Political Conflict*: The delegates acknowledged that the unequal distribution of property was the most common source of conflict in society. - *The Objects of Government:* The delegates agreed that the main objective of government was to preserve property rights, although some also believed that the government had other objectives, like providing public security, promoting the public's health and welfare, and promoting the public good. - *The Nature of Government:* The delegates agreed that power should be balanced, with checks and balances in place. ## Critical Issues at the Convention - The delegates in Philadelphia had to confront some of the issues facing the new nation at the time, including equality, the economy, and individual rights. ### The Equality Issues - The Declaration of Independence states that all men are created equal, but the delegates debated about how to ensure equality in the new government. - **Representation of the States:** The delegates debated about whether the states should be equally represented in the new Congress, based on population, or a combination of both. The resulting compromise was the **Connecticut Compromise** which created two houses of Congress, one based on equal representation and one based on population. - **Slavery:** The delegates debated whether slavery should be abolished. The result was the **Three-Fifths Compromise** which allowed slaves to be counted as three-fifths of a person for the purpose of determining representation for the House of Representatives. - **Equality in Voting:** The delegates debated about whether all free adult males should be able to vote, but they ultimately decided to leave the rules on voting to the states. ### The Economic Issues - The delegates were concerned about the state of the American economy and sought to create a system that would promote economic growth and stability, including the creation of a strong national government. - The **Constitution** granted Congress the power to: - Levy Taxes - Pay debts - Borrow money - Coin money - Regulate Commerce - Establish uniform laws of bankruptcy - Punish counterfeiting - Create standard weights and measures - Establish post offices and post roads - Protect copyrights and patents - Some of the delegates, like Gouverneur Morris, believed that property was the main object of government. - The delegates agreed that a strong, stable government with a strong national economy was necessary for the success and prosperity of the new nation. ### Individual Rights - The delegates grappled with the dilemma of balancing individual rights with the powers of the government that was created. - The Constitution has several protections against government overreach that are outlined in the **Bill of Rights**: - **The First Amendment:** Guarantees freedom of speech, press, assembly, religion, and petition government. - **The Second Amendment:** Guarantees the right to bear arms. - **The Third Amendment:** Prohibits the forced quartering of troops in homes. - **The Fourth Amendment:** Protects citizens against unreasonable searches and seizures. - **The Fifth Amendment:** Guarantees the right to due process of law, no double jeopardy, the right to remain silent, and the possibility of a grand jury indictment. - **The Sixth Amendment:** Guarantees the right to a speedy and public trial by a local, impartial jury. - **The Seventh Amendment:** Guarantees the right to trial in civil cases where the value of the controversy exceeds $20. - **The Eighth Amendment:** Prohibits the use of excessive bail and cruel and unusual punishments. - **The Ninth Amendment:** States that unlisted rights are not necessarily denied and that the enumeration of specific rights in the Constitution does not mean that other rights that weren't listed are not also protected. - **The Tenth Amendment:** States that any powers not explicitly delegated to the federal government or denied to the states are reserved for the states or the people. ## The Madisonian System - James Madison argued that the new government should be designed so that neither the majority or the minority could tyrannize. - Madison is considered one of the key figures in writing the Constitution and played a significant role in establishing the structure of the American government, which is frequently referred to as the Madisonian system. - The Madisonian system is designed to accomplish the following: - Place as much of the government as possible beyond the direct control of the majority. - Separate the powers of different institutions. - Construct a system of checks and balances. - The Madisonian system creates a system where the power of the government is divided between the legislative, executive, and judicial branches. It also relies on a series of checks and balances to ensure that no one branch becomes too powerful. - Congress is the legislative branch, which makes the laws. - The President is the executive branch, which enforces the laws. - The Courts are the judicial branch, which interprets the laws. - Each of the branches of government can also check the power of the other branches. For example, the President can veto bills passed by Congress; Congress can impeach a President or a Judge; and the Courts can declare laws or executive actions unconstitutional. ## Ratifying the Constitution - The Anti-Federalists opposed the ratification of the Constitution and argued against the powers of the national government and in favor of stronger state governments. - The Federalists supported a powerful national government that would be able to: - Secure the nation's security - Promote economic growth - Protect property rights - And ensure stability for the new nation. - The Federalists promised to add amendments that would protect individual liberties, which led to the establishment of the Bill of Rights. ## Changing the Constitution - The Constitution can be changed through formal and informal means. - The formal amendment process requires a two-thirds vote by both houses of Congress and ratification by three-fourths of the states. - The informal amendment process takes place through judicial interpretation, political practice, and technological changes. - Most of the amendments to the Constitution have been proposed by Congress and ratified by the state legislatures. - However, the Twenty-First amendment, which repealed the Eighteenth Amendment, which outlawed the sale and consumption of alcohol, was ratified by state conventions rather than state legislatures. - The majority of changes made to the U.S. Constitution have sought to expand liberty, democracy, and equality, including the **Bill of Rights**. ## Equal Rights Amendment - The Equal Rights Amendment (ERA) was a proposed amendment that would have guaranteed equal rights under the law for women. - Although it was passed by Congress in 1972, it failed to acquire the necessary support from three-fourths of the states. ## How Frequently Should We Amend the Constitution? - The question of how frequently to amend the Constitution is one that continues to be debated today. - Supporters of more frequent amendment argue that the Constitution should reflect the will of the people, particularly in the face of major public demands. - Opponents of frequent amendment point to the fact that the Constitution has served the United States very well for over 200 years with few changes and that altering the fundamentals of the political system could risk its stability. ## The Informal Processes of Constitutional Change - The informal amendment process has resulted in changes to the Constitution through: - **Judicial interpretation**: The Supreme Court has the power to decide whether the actions of Congress and the executive branch are in accord with the Constitution. Judicial interpretations of the Constitution can have a profound impact. For example, the Supreme Court's decision in Marbury v. Madison established the Court's power of judicial review, which means that the Court can review and declare unconstitutional actions of Congress and the executive branch. - **Political practice**: The way that the Constitution is implemented in practice can also change the informal meaning of the Constitution. For example, the rise of political parties and the development of the electoral college are two significant examples of how the Constitution has been shaped and changed by political practice. - **Technological change**. Technological changes can also affect the ways in which the Constitution is implemented. For example, the development of mass media, such as television, radio, and internet, has created new challenges in governing, while also providing opportunities for communication. ## The Importance of Flexibility - The Constitution is a short document that does not prescribe in detail the structure and functioning of the national government. - The Framers intended that the Constitution be a flexible document, allowing for changes and modifications from one generation to the next. - The document is designed to allow future generations to interpret and implement the Constitution in a way that best suits their needs. ## Understanding the Constitution - The Constitution sets the broad rules for government and politics in America but does not explicitly establish a majoritarian democracy. - The Constitution has been gradually democratized over time, due to: - The expansion of the right to vote - The institution of direct election for senators - The development of political parties - And the use of technology, which has made it easier for officials to communicate with the public. - However, the Constitution does: - Protect individual liberties - Limit the scope of government - And create a system of checks and balances, making it difficult for any one group to exercise absolute power. ## Conclusion - The Constitution has been the foundation of the United States for over 200 years and has proven to be a flexible document that can adapt to the changing needs of the nation. - It is a living document that was designed to be changed through formal amendments and informal changes. - The Constitution is a work in progress, and its meaning will continue to be debated and interpreted in the years to come. ## Web Sites - www.earlyamerica.com/earlyamerica/milestones/commonsensel - www.usconstitution.net/articles.html - thomas.loc.gov/home/histdox/fedpapers.html - www.constitution.org/afp.htm - www.usconstitution.net/constframedata.html ## Further Reading - Bailyn, Bernard. The Ideological Origins of the American Revolution. Cambridge, MA: Harvard University Press, 1967. - Becker, Carl L. The Declaration of Independence: A Study in the History of Political Ideas. New York: Random House, 1942 - Berkin, Carol. The Bill of Rights: the Fight to Secure America's Liberties. New York: Simon and Schuster, 2015. - Dahl, Robert A. How Democratic Is the American Constitution? 2nd ed. New Haven, CT: Yale University Press, 2003. - Hamilton, Alexander, James Madison, and John Jay. The Federalist Papers. 2nd ed. Edited by Roy P. Fairfield. Baltimore: Johns Hopkins University Press, 1981. - Higginbotham, A. Leon, Jr. In the Matter of Color: Race and the American Legal Process, the Colonial Period. New York: Oxford University Press, 1978. - Jensen, Merrill. The Articles of Confederation. Madison: University of Wisconsin Press, 1940. - Norton, Mary Beth. Liberty's Daughters. Boston: Little, Brown, 1980. - Rakove, Jack N. Original Meanings: Politics and Ideas in the Making of the Constitution. New York: Vintage, 1996. - Rossiter, Clinton. 1787: The Grand Convention. New York: Macmillan, 1966. - Storing, Herbert J. What the Anti-Federalists Were For. Chicago: University of Chicago Press, 1981. - Wood, Gordon S. The Creation of the American Republic. Chapel Hill: University of North Carolina Press, 1969. - Wood, Gordon S. Empire of Liberty: A History of the Early Republic, 1789-1815. New York: Oxford University Press, 2009. - Wood, Gordon S. The Radicalism of the American Revolution. New York: Vintage, 1993.