Chapter 2: The Constitution

The Colonial Background

Separatists were dissatisfied with the Church of England and sought a place where they could practice their religious beliefs. The compact they formed set forth the idea of consent of the governed.
Copyright 2009 Cengage Learning
(The Granger Collection)

British Restrictions and Colonial Grievances

In 1763, the British Parliament began to pass laws that treated the colonies as a unit. The major reason for these laws was to raise revenue to help pay off the war debt incurred during the French and Indian Wars (17561763).
Copyright 2009 Cengage Learning

(National Portrait Gallery)

First Continental Congress

The focus was to restore the political structure that was in existence before the passage of legislation affecting the internal operations of each colony by Parliament. Had the Crown and Parliament relented on many of their demands it is possible the Declaration of Independence would never have been issued.
Copyright 2009 Cengage Learning

Second Continental Congress

Established an army

Made Washington the general in chief and pursued the Revolutionary War
Painting by John Trumbull, 1819, Library of Congress

Copyright 2009 Cengage Learning

The Declaration of Independence

The Influence of John Locke Natural Rights

Social Contract

Archivo Iconografico S.A. /Corbis

Bettmann /Corbis

Copyright 2009 Cengage Learning

The Rise of Republicanism

Republicanism vs. The Republican Party

While republicans were opposed to rule by the British, they were also opposed to rule by any central authority. They were even skeptical of a permanent union of the states.
Each state was seen as the sovereign authority and the only legitimate ruling force.
Copyright 2009 Cengage Learning

The Articles of Confederation: Our First Form of Government States retained most of the power Citizens loyal to their state

Library of Congress

Copyright 2009 Cengage Learning

The Confederal Government Structure Under the Articles of Confederation

Copyright 2009 Cengage Learning

Accomplishments Under the Articles

Articles established to:
Organize the states so they could defeat the British forces Gain independence from Britain

Copyright 2009 Cengage Learning

10

Weaknesses of the Articles

Still no central authority to resolve disputes between the states. To organize the states for the collective good, including the organization of a militia, was crucial to the development of the Constitutional Convention.

Copyright 2009 Cengage Learning

11

Shays Rebellion

Bettmann/Corbis

Copyright 2009 Cengage Learning

12

Framers of the Constitution

Republicans opposed any centralization of power. Federalists favored a stronger government.

Copyright 2009 Cengage Learning

13

Factions Among Delegates

The beliefs of the delegates ranged from the nearmonarchism of Hamilton to definite decentralized republicanism.
Archivo Iconografico, S.A./Corbis

Copyright 2009 Cengage Learning

14

Politicking and Compromises

The New Jersey Plan

The Virginia Plan

The Great Compromise

The Three-Fifths Compromise

Copyright 2009 Cengage Learning

15

Working Toward the Final Agreement

The Madisonian Model
Separation of powers Checks and balances

Library of Congress

Copyright 2009 Cengage Learning

16

Working Toward the Final Agreement

Electoral College

Copyright 2009 Cengage Learning

17

Checks and Balances

Copyright 2009 Cengage Learning

18

The Final Document

Popular sovereignty

A republican government
A limited government

Separation of powers
A federal system where both the national and the state governments each had their own sphere of influence
Copyright 2009 Cengage Learning

19

Ratification
The Federalist Papers
An attempt to persuade the public to support the new form of government Federalist #10 and Federalist #51 provide an excellent view of James Madisons political theory concerning human nature

Copyright 2009 Cengage Learning

20

The March to the Finish

The vote by the Virginia ratification convention was essential and somewhat close. The New York vote was even closer and put the Constitution over the top. At this point, North Carolina and Rhode Island had little choice but to join.
Copyright 2009 Cengage Learning

21

Ratification of the Constitution

Copyright 2009 Cengage Learning

22

Ratification
Federalists

Anti-Federalists

Copyright 2009 Cengage Learning

23

Support for the New Constitution

Beards Thesis

State Ratifying Conventions

Support Was Probably Widespread

Copyright 2009 Cengage Learning

24

The Bill of Rights

A Bill of Limits

No explicit limits on state government powers

Did not apply to state governments

Copyright 2009 Cengage Learning

25

The Formal Amendment Process

Cope with any new and unforeseen problem

Taken on with extreme caution

Rigorous process

Copyright 2009 Cengage Learning

26

Amending the Constitution

Although 11,000 amendments have been considered by Congress, only 33 have been submitted to the states after being approved, and only 27 have been ratified since 1789.

11,000
Copyright 2009 Cengage Learning

27
27

Amending the Constitution

Copyright 2009 Cengage Learning

28

Amendments
The strongest theme among the amendments is the expansion of citizenship rights. Example: Right to vote for women (Nineteenth, 1920)
Copyright 2009 Cengage Learning
The Granger Collection, New York

29

Amendments to the Constitution

Copyright 2009 Cengage Learning

30

Informal Methods of Constitutional Change

Congressional Legislation

Presidential Action
Judicial Review

Interpretation, Custom, and Usage

Copyright 2009 Cengage Learning

31

A Government Broken Free of Its Constitutional Moorings? Questions

Was it wise for the Supreme Court to uphold the constitutionality of a display of the Ten Commandments on government property as part of a larger collection focusing on the nations legal and religious history, but to reject its constitutionality if displayed in a manner that emphasizes the religious nature of the Ten Commandments?

Copyright 2009 Cengage Learning

32

A Government Broken Free of Its Constitutional Moorings? Questions Does this distinction reveal wisdom on the part of the Court or a lack of clarity? Should the court have simply said that all displays of the Ten Commandments either do or do not violate the Establishment Clause of the First Amendment?

Copyright 2009 Cengage Learning

33

 2004 Michael Ventura/Folio

Copyright 2009 Cengage Learning

34

Questions for Critical Thinking

How did the Civil War affect the Constitution? The Great Depression? How did the New Deal alter the Constitution?

Does the Constitution make the government more responsive?

Copyright 2009 Cengage Learning

35

Questions for Critical Thinking

Why did the British place restrictions on the colonies? How was the term people, as used in the Declaration of Independence, defined? Did the members of the Second Continental Congress mean all people? What about the rights of women? Native Americans? Slaves?
Copyright 2009 Cengage Learning

36

Questions for Critical Thinking

What would have occurred if one or more of the states had rejected the Constitution? Could a single state have managed to survive outside the union of states? What would Madison think about interest groups in modern society?

Copyright 2009 Cengage Learning

37

Web Links
Declaring Independence: Drafting the Document The U.S. Constitution Online

The Library of Congress (THOMAS)

Copyright 2009 Cengage Learning

38