Chapter 2: The Constitution

Learning outcomes
1) Explain the theoretical and historical factors that influenced the writers of the U.S. Constitution.
2) Describe the structure of the Articles of Confederation and explain why the confederation failed.
3) Identify and explain the compromises made by the delegates to come to agreement on the U.S.
Constitution.
4) Explain the rationale for and give examples of the separation of powers and the checks and
balances in the United States Constitution.
5) Demonstrate understanding of the formal and informal processes for amending the constitution.
Introduction
U.S. Constitution continues to:
Define structure of national/state governments
Regulate relationship between government and citizens
Influences
Historical period
Colonists experiences with government
Political philosophy of time (Hobbes and Locke)
Milestones in Early U.S. Political History

The Colonial Background

 Jamestown established (1607)

Kings charter grants full power and authority
Colonists establish representative assembly
Starving time for Virginia
Separatists, the Mayflower, and the Compact
First New England colony established 1620
Dissatisfied with Church of England
Mayflower Compact: signers agree to submit to government authority
More colonies, more governments
More settlements established
Adopt concept of limited government
Some degree of self-governance
Pennsylvania Frame of Government
British restrictions and colonial grievances
Series of taxes to pay for French and Indian War
Sugar Act of 1764
Stamp Act of 1765
Coercive Acts of 1774
The Colonial Responses
The First Continental Congress (1774)
To express grievances to the King
Formed committees
The Second Continental Congress (1775)
To establish army
George Washington named commander-in-chief
Attempt at settlement
Military encounters increase

Declaring Independence

 The Resolution of Independence (July 2)

The Declaration of Independence (July 4, 1776)
Thomas Jefferson primary author
Enumerates colonies grievances with Britain
Universal truths
Natural rights and a social contract
Legitimizes American Revolution
Rise of Republicanism
Republicans opposed to rule by the British and any strong central authority in new
government
Each state seen as sovereign authority and only legitimate ruling force
The Articles of Confederation: The First Form of Government
Confederation was voluntary association of independent states
Thirteen states established government consisting of Congress of the Confederation
Weak central government
Each state had single vote
One member chosen as presiding officer
Powers of the Congress of the Confederation

The Articles of Confederation: The First Form of Government

 Weaknesses of the Articles

Could not demand revenue from states
Could not raise an army
Amendments to Articles required unanimous consent of Congress
Did not establish a national court system
Shayss Rebellion and need for revision of the Articles
Central government has no authority to settle disputes
Economic depression widespread
Rebellion demonstrates citizen anger
Drafting the Constitution
Who were the delegates?
Fifty-five delegates from 13 states attend
Delegates mostly upper class, educated, young
Factions among delegates
Some nationalists support monarchy
Majority are nationalists who want strong central government
Politicking and compromises
Virginia Plan
Bicameral (two-chamber) legislature
National executive, elected by legislature
National judiciary
New Jersey Plan:
One state, one vote
Congress to regulate trade and impose taxes
Congressional acts to be supreme law of the land
Congress to elect an executive office
Executive office to appoint a Supreme Court
The Great Compromise

 Established bicameral legislature, House of Representatives apportion based on

population
Established Senate with two members per state
Supreme Court established
Three-Fifths Compromise
Shows power of southern states
Apportionment partially based on property
Madisonian Model
Separation of the executive, legislative, and judicial power of government
Establishes system of checks and balances
Checks and Balances

Drafting the Constitution

The executive
Single chief executive
Electoral college created
Makes president independent of Congress
Removes from direct popular control
Four-year term

 The final document

Popular sovereignty
Republican government
Limited government with written laws
Separation of powers
Federal system
The Difficult Road to Ratification
Federalists

Favored a strong central government

Constitution

Time, money and power for change

Federalist Papers

Anti-Federalists

Wanted weak central government

Retain the Articles of Confederation

Status quo

Want guarantee of personal liberties or bill of rights

Ratification of the Constitution

The Difficult Road to Ratification

Did the majority of Americans support the Constitution?
Beards Thesis
State ratifying conventions

 Support was probably widespread

Amendments to the Constitution