The American Constitution

1788-200-

 America’s Second Constitution

 Learning Objectives
 Identify the reasons the Articles of
Confederation had to be replaced
 Describe the process the founding fathers went
through in drafting the Constitution, identifying
important compromises
 Explain the Madisonian Model
 Describe the debate involved in ratification
 Explain the Amendment process
 Describe how the Constitution has changed since
ratification
 Key Terms
 Republic
 Separation of Powers
 Checks and Balances
 Popular Sovereignty
 Federalist Papers
 Bill of Rights
 Ratification
 Democracy
 Foundations of the American Constitution:
Republicanism, Separation of Powers, Checks
and Balances, Federalism

I. The first American Constitution—Articles of Confederation

(1781-1788)—was a failure.

A. Reflected a fear of strong national government

B. Based on a weak national congress which had no real
power
C. States retained all real power
D. No president, just a presiding officer
E. Could make important decisions only by unanimous
consent.
F. Failure of the Articles was an important experience for
America
 Reasons the Articles Failed
 Economic Turmoil
 States had different currencies
 States had laws that favored debtors
 Shay’s Rebellion
 A series of attacks on courthouses by a small
band of farmers led by Revolutionary War
Captain Daniel Shays to block foreclosure
proceedings.
 The Economic Issues
 States had tariffs on products from other
states
 Paper money was basically worthless
 Congress couldn’t raise money
 Actions taken:
 Powers of Congress strengthened
 Powers of states limited
 The Individual Rights Issues

 Some were written into the Constitution:

 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
 Right to trial by jury in criminal cases
 Some were not detailed, but they were protected
 Freedom of speech/expression
 Rights of the accused
II. The Constitutional Convention of 1787 was
called to amend the Articles.

III. The delegates were appointed by their state

governments. They were an

A. Educated elite
B. With Considerable experience in state
government
C. Included Washington, Madison, Franklin,
Hamilton
D. 74/55/39
E. They were quite familiar with Locke,
Hobbs, Blackstone, and other theorist.
 They were all males from 12 of the 13 states
 Mostly wealthy planters & merchants

 Most were college graduates (which was

exceptional at the time)
 Many were coastal residents from the larger
cities, not the rural areas

IV. It took the delegates little time to realize

that the Articles of Confederation could not be
amended in a fashion that would create a
viable government. The delegates decided that
they had to write a new constitution
 The Madisonian Model was very
Important
 Based on a Constitutional Republic

 Republic: A form of government in which the

people select representatives to govern them
and make laws.

 Favors the status quo by:

 The Madisonian Model
 Limiting Majority Control
 Separating Powers
 Creating Checks and Balances
 Establishing a Federal System—two levels
of government
The Madisonian Model

Figure 2.3
VI. Delegates agreed with much of the Madisonian model. They agreed
on:
A. The need for a republic—a representative form of government
B. The need to divide power and authority to preserve it
C. The need to compromise

VII. The delegates also wanted to create a government strong enough

to:
A. Promote private enterprise
B. Protect private property
C. Protect the nation from foreign and domestic conflict
D. Preserve the spirit and form of popular government without
indulging in "excessive democracy"
VIII. The delegates would after deliberation and compromise establish a
government based on:

A. Popular Sovereignty
B. Republicanism—rejected direct democracy, aristocracy, monarchy
C. Federalism
D. Separation of Powers
E. Checks and Balances

IX. The constitution resulted from some major compromises

A. Representation—House vs. Senate

B. No export taxes
C. Slave trade could continue for 20 years
D. Slaves counted at 3/5s for representation and taxes
E. President could negotiate treaties, approved by 2/3 vote of Senate
F. Congress would regulate both interstate and foreign commerce
G. Bill of Rights would be added
X. Final Product — 4300 words
A. Three branches
B. Separation of Powers
C. Checks and balances
D. Executive—4 year term—originally elected by Electoral College
E. Congress—two branches—Senate by State legislatures until
1913
F. Independent federal court system
G. Approved by 9 of 13 states by 1788

XI. Created
A. A conservative government with limited power that could be
changed only slowly
B. A constitution that could be adapted to changing times
C. A system which at first could be impacted very little by elections
D. A system that had to evolve over time to become a broad-based
democracy
The Origins of the Constitution
XII. Changes over time

A. Rise of political parties

B. Changes in the election of president and Senate
C. Gradual inclusion of women and minorities

XIII. Characteristics of a Democracy

A. Values the individual over the state

B. Political Equality
C. Popular Sovereignty—rule by the people
D. Majority rule
E. Minority rights
IV. Operationalized by:
A. The right to vote
B. Free and fair elections
C. The right to run for elected office
D. Freedom of expression, including critical views of the
government, economy, and even democracy.
E. The right to speak and consult alternative sources of
information, including critical information.
F. Freedom to form and join organizations
G. Competition among political leaders to gain votes and other
kinds of support
H. Institutions and political practices insuring that political leaders
gain office by winning in free and fair elections and leave office
when they lose in a free and fair election.
I. Constitutionally protected rights guaranteed to all.
Three Major Compromises
How They Dealt with Economic
Issues
 Ratifying the Constitution
 Federalist Papers written to explain and defend
the Constitution

 A collection of 85 articles written by Alexander

Hamilton, John Jay, and James Madison under the
name “Publius” to defend the Constitution.

 Bill of Rights
 The first 10 amendments to the U.S. Constitution,
drafted in response to some of the Anti-Federalist
concerns about the lack of basic liberties.
Ratifying the Constitution
 Preamble
We the People of the United States, in

Order to form a more perfect Union,

establish Justice, insure domestic

Tranquility, provide for the common

defense, promote the general Welfare,

and secure the Blessings of Liberty to

ourselves and our Posterity, do ordain

and establish this Constitution for the

United States of America.

Democratizing the Constitution

 The original Constitution is rarely described as

being really democratic.

 But, over time there has been a gradual

democratization of the Constitution.
 Constitutional Change
 The Informal Process of Constitutional
Change

 Judicial Interpretation
 Changing laws and Political Practices
 Technology
 Increasing Demands on Policymakers
Timeline: Key Points in the
Democratization of the
United States
 Summary
 Serious social, economic and administrative reasons lead the
founders to abandon the articles of confederation in favor of a
constitution that set up a more centralized government
 The new constitutions set up a government with three
branches designed to check each other’s powers consisting of
 A bicameral legislature representing the people (the House of
Representatives) and the states (the Senate)
 An executive, a president chosen by the electoral college to
serve 4 year terms
 A judicial branch with a supreme court and an independent
federal court system
 The debate over ratification led to the addition of the Bill of
Right designed to protect certain individual rights.
 The constitution has evolved over time to become more
democratic allowing for more direct elections and the
inclusions of women and minorities
Appendix
Amending the Constitution:
A Two-Stage Process
The Connecticut Compromise
 Discussion Questions
 How do the following compromises made
in writing the constitution reflect the
various interests and concerns of the
time?
 The Three-Fifths compromise
 The Connecticut Compromise

 The Bill of Rights

 Discussion Questions
 What does the small number of
amendments to the Constitution indicate
about the document itself? Is it a
reflection of how well the system it
created functions or how difficult it is to
amend?
 Discussion Questions
 Given how the federal system created by
the constitution has evolved over the past
200 years, has the system of checks and
balances the founders wrote into the
constitution been successful in creating
the kind of government they envisioned?
 Discussion Questions
 As our society has become increasingly
democratic is the electoral college still
necessary or should it be abolished? Why
or why not?