Constitutional History

1
Constitutional History

• Chapter 2

2
Constitution

• Definition
• A nations basic law. It creates political
  institutions, assigns or divides powers in
  government, and often provides certain guarantees
  to citizens.
• Sets the broad rules of the game.
• The rules are not neutral - some participants and
  policy options have advantages others dont.

3
The Origins of the Constitution

• The English Heritage The Power of Ideas
• Magna Carta
• Limited Government
• King rules with the advice of aristocrats
• Beginning of rights for people
• Petition of Right
• Reaffirmed that the King rules with the
  Parliament
• Reaffirmed rights of people
• English Bill of Rights
• Specified rights of the Parliament the people

4
The Origins of the Constitution

• The English Heritage The Power of Ideas (cont)
  
• - The Enlightenment and John Lockes influence
• Natural rights
• All are equal in rights
• Consent of the governed
• Peoples duty to change or alter government if
  government does not protect peoples rights

5
The Origins of the Constitution

• Early Charters
• - First Virginia Charter
• a business contract
• written in kings name king has sovereignty
• some self-government in colony
• - Mayflower Compact
• an agreement of intent
• written in name of colonists with deference to
  king
• self-government in colony
• - Fundamental Orders of Connecticut
• a constitution
• no mention of king written by people
• sovereignty rests in the people

6
The Origins of the Constitution

• The Road to Revolution
• Colonists loss of their rights as British
  citizens.
• Declaring Independence by Jefferson
• Preamble states natural rights philosophy (Locke)
• Listed the colonists grievances against the
  British
• Severs tie to Britain, declares independence
• Conservative Revolution
• Restored rights the colonists felt they had lost
• Not a major change of lifestyles or leaders

7
The Origins of the Constitution
8
The Government That Failed

• The Articles of Confederation
• The first document to govern the United States
• Only one branch of government at national level
• Congress had few powers, could not coerce states
• States held sovereignty
• Changes in the States during this time
• Expanded political power for some
• Expanding economic middle class
• Ideas of equality spreading

9
The Government that Failed
10
The Government That Failed

• Economic Turmoil
• States had different currencies
• States taxed imports and exports
• States had laws that favored debtors
• Shays Rebellion
• A series of attacks on courthouses by group of
  debtors led by Captain Shays to block foreclosure
  proceedings.
• Neither national nor state government could stop
  it
• Symptomatic of problems throughout the country

11
The Government That Failed

• The Aborted Annapolis Meeting
• An attempt to discuss changes to the Articles of
  Confederation.
• Driven by need for regulation of commerce!
• Attended by only 12 delegates from 5 states.
• Called for a meeting in May 1787 to further
  discuss changes.

12
The Agenda in Philadelphia

• The Equality Issues
• Equality and Representation of the States
• New Jersey Plan
• Virginia Plan
• Connecticut Compromise
• Slavery
• Political Equality

13
The Agenda in Philadelphia
14
The Agenda in Philadelphia

• The Economic Issues
• States had tariffs on products from other states
• Paper money was basically worthless
• Congress couldnt raise money
• Actions taken
• Powers of Congress to be strengthened
• Powers of states to be limited

15
The Agenda in Philadelphia
16
The Agenda in Philadelphia

• 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 specified
• Freedom of speech / expression
• Rights of the accused

17
The Madisonian Model

• Limiting Majority Control
• Separating Powers
• Creating Checks and Balances
• Establishing a Federal System

18
The Madisonian Model

• The Constitution and the Electoral Process The
  Original Plan (Figure 2.2)

19
The Madisonian Model
20
The Madisonian Model

• The Constitutional Republic
• Republic A form of government in which the
  people select representatives to govern them and
  make laws.
• Favors the status quo - changes are slow
• The End of the Beginning
• The document was approved, but not unanimously.
  Now it had to be ratified.

21
Ratifying the Constitution
22
Ratifying the Constitution

• Federalist Papers
• A collection of 85 articles written by Hamilton,
  Jay, and Madison under the name Publius to
  defend the Constitution.
• Explains how the proposed constitution would
  allow the government to control the governed and
  control itself
• Anti-Federalist arguments
• The constitution wont work in a country so large
• Central government will be too distant from the
  people
• Too many factions will bring the government to a
  standstill
• It will require a standing army to keep people in
  order

23
Constitutional Change
24
Constitutional Change

• The Informal Process of Constitutional Change
• Judicial Interpretation
• Changing Political Practice
• Technology
• Increasing Demands on Policymakers

25
Understanding the Constitution

• The Constitution and Democracy
• The Constitution itself is rarely described as
  democratic.
• There has been a gradual democratization of the
  Constitution.
• The Constitution and the Scope of Government
• Much of the Constitution limits government.
• The Constitution reinforces individualism, yet
  encourages hyperpluralism.