Chapter 2a Learning Objectives - The Constitution:

Ø      (1). Examine the Constitution as a reflection of political conflict.      

Ø      (2). Discuss the impact of the Colonial Experience on the founding fathers.

Ø      (3). Summarize the shortcomings of the Articles of Confederation.

Ø      (4). Examine the politics of the Constitutional Convention & its ratification.

Ø      (5). Analyze political philosophy of America's Founding Fathers & their influence.

Ø      (6). Examine the theoretical basis of the Declaration of Independence.

Ø      (7). Explain the conflict between Individual Rights versus majority Democratic Rule.

Ø      (8). Discuss the potential problem of Majority Rule & Tyranny & how its moderated.

 

CHAPTER 2a OUTLINE:

Ø    Introduction – some general points:

§       Short document compared with states

§       Oldest National constitution now in use

§       Little changed in contrasts to states

·       27 amendments in over 200 years

·       1st Ten Amendments made almost immediately

§       Americans hold Constitution in high regard

·       But most have never read it or know what’s in it

§       Constitution is a living document open to interpretation

·       Lays out basic structure & role of key political actors

§       Constitution is a political document  & is not perfect

·       Represents political compromises made at the time

·       Written in a way to gain ratification of most states

·       Difficult issues side stepped or made ambiguous

¨     Slavery & women’s rights left to future generations

 

 

Ø    The Constitution as a Reflection of Political Conflict:

§       2-1a  The Colonial Experience

·       previous 150 years of relative governing independence

·       Post French & Indian War actions of Parliament

¨     Need to pay for war & security of acquired lands

¨     Taxation without representation

·       King George III & his appointed governors

¨     Greater centralized rule from London

¨     Less autonomy of Colonial Legislators

·       Growing colonial resentment toward “tyranny”

¨     Mistrust of centralized power (King)

Ø    Manifested by appointed colonial governors

¨     More trust in states & legislature

·       Attitude carried over following War for Independence

¨     Shaped attitudes of founding fathers

¨     Incorporated into Articles of Confederation  

§       2-1b  The Articles of Confederation

·       Source of national government’s power?

·       Type of government under Articles?

·       Inherent problem with this type of government?

·       Annapolis Convention & Shay’s Rebellion

§       2-1c  The Politics of the Constitutional Convention

·       Structuring representation in the National Legislature:

¨     Setting the agenda – Virginia Plan (Madison’s role)

¨     Counter proposal – New Jersey Plan

¨     Conflicting interests: big versus little states

¨     Resolving conflict through compromise

¨     Final outcome – (compare & contrast)

·       Dealing with the slavery issue

¨     Overarching objective of delegates?

¨     Three/fifths Compromise

·       Powers of the executive defined:

¨     Basic conflict over delegated powers

Ø    Weak versus strong executive

¨     The politics of words & compromise (Article II)

Ø    Ambiguity of meaning open to interpretation

Ø     Role of George Washington

§       2-1d  The Politics of Ratification

·       Taking sides: Federalists vs. Anti-federalists

¨     Defining the agenda - advantage of being positive

·       Making the rules for Ratification “just right”

¨     Why nine states?

¨     Conventions of states vs. state legislatures

·        Legitimate Anti-Federalists issue?

¨     Bill of Rights

Ø    Constitution as a Reflection of the Founders’ Philosophy:

§       2-2a  Individual Rights and Democratic Rule

·       18th century Classical liberalism

·       Individual rights and the role of government

§       2-2b  Majority Tyranny: The Paradox of Majority Rule

·       Individual rights invariably trump majority preferences

¨     Constant balancing act of government

·       One group’s interests countering another’s

¨     Role of the Federalists Papers – key authors?

§       2-2c  Preventing Majority Tyranny – finding the balance

·       Electoral rules => Democracy vs. Republicanism

¨     Indirect elections  (Figure 2-1)

¨     Fixed terms of office

¨     Geographically defined representation

Ø    National vs. states & districts

·        Divided Authority (horizontal separation)

¨     Separation of Powers (Branches of government)

¨     Checks & Balances  (Figure 2-2)

·       Bicameral legislature (Senate vs. House)

¨     Concurrent majority

·       Federalism (vertical division of authority)

·       Formal boundaries & limits on government powers:

¨     Limits on original constitution

Ø    Habeas corpus

Ø    No Bills of attainder

Ø    No Ex post facto laws

¨     Bill of Rights protections

v   Chapter 2 Key Terms

 

Anti-federalists: The label describing those who opposed adoption of the Constitution. While opponents gave a variety of reasons for rejecting the Constitution, their main concern was that a strong national government would jeopardize individual rights.

 

Articles of Confederation: The document written by the states following their declaration of independence from England and adopted in 1781. It established a system of strong states and a weak national government with a legislative branch, but no separate executive or judicial branches and few powers beyond the sphere of foreign relations.

 

Bicameral legislature: A legislature with two houses—such as the House and the Senate.

 

Bill of Rights: The name given to the first ten amendments of the Constitution. They outline a large number of important individual rights.

 

Checks and balances: The powers each branch of government can use to block the actions of other branches.

 

Classical liberalism: A political philosophy, particularly strong in the eighteenth century, that claims that the rights of the individual predate the existence of government and take priority over government policy. This philosophy advocates the protection of individual freedoms from the government.

 

Connecticut Compromise: A plan the Connecticut delegation proposed at the Constitutional Convention. This plan sought to manage the dispute between the large- and small-population states by creating a two-house legislature with representation in one house based on population and representation in the second house set at two votes per state.

 

Democracy: A form of government in which the people (defined broadly to include all adults and narrowly to exclude women or slaves, for example) are the ultimate political authority.

 

 

Dual federalism: An interpretation of federalism that held that the national government was supreme within the areas the Constitution specifically enumerated and that the states were supreme in other areas of public policy.

 

Electoral college: The body of electors, whose composition is determined by the results of the general election, that chooses the president and vice president. To win in the Electoral College, candidates must secure a majority of the electoral vote.

 

Establishment clause: The provision in the First Amendment of the Constitution that “Congress shall make no law respecting an establishment of religion.”

 

Federalism: A two-tiered form of government within which governments on both levels are sovereign and share authority over the same geographic jurisdiction.

 

Federalists: The label describing those who supported adoption of the Constitution. They believed in a national government stronger than the one provided under the Articles of Confederation.

 

Fiscal federalism: The principle that the federal government should play a major role in financing some of the activities of state and local government.

 

Great Depression: The worst economic crisis in U.S. history, with unemployment rates reaching 25%. It began in 1929 and lasted until the start of World War II.

 

Great Society: The economic and social programs Congress enacted during Lyndon Johnson’s presidency, from 1963 to 1969.

 

Interstate commerce clause: The provision in Article I of the Constitution granting Congress the power to “regulate commerce … among the several states.”

 

Majority tyranny: A situation in which the majority use its advantage in numbers to suppress the rights of the minority.

 

 

National supremacy: An interpretation of federalism that holds that the national government’s laws should take precedence over state law. This idea is based on the provision in Article VI of the Constitution that the national government’s laws are the “supreme law of the land.”

 

 

Necessary and proper clause: The provision in Article I of the Constitution that states that Congress possesses whatever additional and unspecified powers that it needs to fulfill its responsibilities.

 

New Deal: The economic and social programs Congress enacted during Franklin Roosevelt’s presidency before World War II.

 

New Jersey Plan: A plan for a new national government that the New Jersey delegation proposed at the Constitutional Convention in 1787. Its key feature consisted of giving each state equal representation in the national legislature, regardless of its population.

 

Republicanism: A system of government in which the people’s selected representatives run the government.

 

Separation of powers: The principle that each of the three powers of government—legislative, executive, and judicial—should be held by a separate branch of government.

 

Shay’s Rebellion: A protest, staged by small farmers from western Massachusetts and led by Daniel Shays, an officer in the Revolutionary War, against the state’s taxes and policy of foreclosing on debtor farmers.

 

States’ rights: An interpretation of federalism that claimed that states possessed the right to accept or reject federal laws.

 

Virginia Plan: A plan for a new national government that the Virginia delegation proposed at the Constitutional Convention in 1787. It called for a strong, essentially unitary national government, with separate executive and judicial branches, and a two-house legislative branch with representation based on each state’s population.