Chapter 2: The Founding and the Constitution
| Current Pending Assignment Sheet | Chapter 2 Essay Questions | ||
| Chapter 2 Learning Objectives | Chapter 2 Electronic Test (Multiple Choice) | ||
| Chapter 2 Collateral Reading | Chapter 2 Technology Project |
I.
Principles of Government
2. Each colonial legislature assumed broad lawmaking powers. Power of the purse became very important. Colonial legislatures held the power to vote on money to pay the governor's salary, thus, they were able to persuade governors to bend to their will. 3. After 1760 Parliament imposed new taxes and restrictive regulations, (largely to support British troops in North America), acts that provoked colonial protests of "no taxation without representation." 4. Colonists saw little need for presence of troops since the french had been defeated and their power broken in the French and Indian War. 5.
The colonists considered themselves British subject loyal to the crown,
but took issue with Parliament's right to control their local affairs.
Colonists resented having to pay taxes that they had no part in levying.
2. The Albany Plan — Franklin's Albany Plan of Union called for annual meetings to deal with issues of common concern, but the colonial governments turned down the plan. 3. The Stamp Act Congress — Harsh tax and trade policies caused colonists to meet to denounce the practices and to organize boycotts and other acts of protest. A boycott is the refusal to buy or sell an opponent's goods in order to influence his/her behavior. Prepared Declaration of Rights and Grievances against the British policies and sent it to the king (George III). 4. New law passed to tie colonies closer to Crown. Rebellion and boycotts ensued. To boycott is to act together in abstaining from using, buying, or dealing with as an expression of protest or disfavor or as a means of coercion. 5.
March 5, 1770, Boston Massacre took place, with British troops firing into
a jeering crowd, killing 5.
2.
By 1776 the colonists' unhappiness with taxation without representation
came as a surprise to the British King.The Congress sent a Declaration
of Rights to the King, protesting taxes and restrictions.
2. The Congress organized a government and established an army, led by George Washington. 3. The Second Continental Congress served as the first national government until the Articles of Confederation went into effect. From the signing of the Declaration of Independence to March 1, 1781. 4.
The Congress was unicameral, i.e., consisting
of one house, exercising both legislative and executive powers. Each colony
had one vote. Executive functions were handled by committees of delegates.
2. The Declaration listed various "self-evident" truths. It is one of the most important statements of American political philosophy. 3.
Reflecting the natural rights philosophy of John Locke, the Declaration
of Independence, which was premised on the belief that the laws of nature
are higher than human law, stated that government derived their just powers
from the consent of the governed.
2.
Most states wrote and adopted their own constitutions.The first state constitutions
differed, sometimes widely, in detail. Yet they shared many common features.
What they did have in common though, included very little real power vested
in the governor; political authority given to the legislatures; and, short
elective terms.
2. Limited Government — The power of the state's governments was restricted. 3. Civil Rights and Liberties — Each state clearly announced the rights of its citizens. Seven of the new state constitutions contained a form of a "bill of rights." 4.
Separation of Powers and Checks and Balances — Each new state government
was organized with independent branches of government.
2. Government Structure — Government under the Articles consisted of a unicameral legislature with no executive or judiciary. Delegates were chosen annually, as determined by the states. No executive or judiciary (functions handled by committee of Congress). Congress chose one of its members as "president," but not President of the United States. 3. Powers of Congress — Most powers related to common defense and foreign affairs. Under the Articles of Confederation, Congress had the power to maintain an army and a navy. 4. State Obligations — The states agreed to accept several obligations to the central government, but retained many powers of government for themselves. States were required to give full faith and credit, and generally accept the concept of horizontal federalism. States retained powers not given to the Congress. 5. Under the Articles of Confederation, power in the states began to shift to the hands of middle-class farmers and craft workers (non-property owners). 6.
Weaknesses — The government lacked the power to levy taxes, or to regulate
trade between the states, and had no power to make the states obey the
Articles. Congress had no power to regulate trade between the states. Could
exercise powers only with the consent of 9 of 13 state delegations. The
main reason that no amendments were ever added to the Articles of Confederation
was that amendments needed the consent of all 13 state legislatures.
b.
Severe depression in 1786 led to Shay's Rebellion, which began in Massachusetts
over farm foreclosures. This made the elites worry about rule by the mob,
paving the way for a stronger replacement for the flawed Articles system.
Shay's Rebellion was a protest
against the loss of the property to tax collectors. The rebellion provided
a sound reason to amend the weak Articles of Confederation and a justification
for calling the Constitutional Convention.
3.
Economic chaos also resulted from a weak central government. Minted their
own money, taxed each other's goods. Debts went unpaid.
b.
Violence broke out in several places, including Shay's
Rebellion which was a protest against the loss of their property to
tax collectors. The rebellion demonstrated the weaknesses of state governments
under the Articles of Confederation and provided a sound reason to amend
the weak Articles and a justification for calling the Constitutional Convention.
b. The Virginia Assembly called to a "joint meeting of all the states to recommend a federal plan for regulating commerce." This Joint meeting set for Annapolis, MD to discuss trade, but only 5 of 13 states attended. c.
Another meeting called for Philadelphia. The original, sole, and
express purpose of the convention in Philadelphia was to revise the Articles
of Confederation.
b. Benjamin Franklin, internationally known scientist and philosopher, also added luster. c. James Madison of Virginia would provide the diary (journal) that is our best record of events. d. Other key figures included Gouverneur Morris, Elbridge Gerry, and the two Pinckneys (representing the South). e. Jefferson and Adams were not at the Constitutional Convention because they were serving the United States abroad as ambassadors. f. Major sources of ideas for the Constitution included the political writings of John Locke, British tradition and colonial experiences. John Locke believed that the "end of government" was the preservation of property. g. All of the states except Rhode Island (the debtor colony, which feared a strong national government and currency to match) sent delegates. h.
Motives of the Framers
2) Historians have further suggested that the Framers wanted a strong national government to protect their own financial interests. Others, of course, have disagreed, saying that such suggestions are unprovable and unfairly impugns the motives of the Framers. The delegates however, did have a cynical view of human nature, i.e., that human beings are selfish and greedy. They, like John Locke, believed that a major source of political conflict was the unequal distribution of property. 3)
Nonetheless, some suggest that the strong national government was to be
a hedge against rule by mob, that majority rule and popular democracy might
generate. Examples:
b) States could determine who could vote, and excluded blacks and women. c) Senators were chosen by legislatures rather than by direct election. Each state entitled to two senators. Members of the House of Representatives were the only national office-holders that the Constitution ORIGINALLY provided for in a direct popular election. d) Electors choose the president, not the voters. e)
The Framer's feared rule by the property-less classes.
2. Procedurally, each state could cast one vote on an issue, and a majority of votes were needed to carry any proposal. Rule of secrecy in effect. 3.
James Madison kept notes and was held in highest esteem. He became a floor
leader and deservingly earned the title of "Father of the Constitution."
2.
Most delegates agreed that writing a new constitution was necessary.
2. Delegates drew from history, current political thought, and from their own experiences. Major sources of ideas for the constitution included political writings of John Locke, British tradition and colonial experiences. 3.
Much of the language came from the Articles. A number of provisions came
from state constitutions.
b.
Members of House of Representatives elected by popular vote. Senate members
were chosen by the House from lists of persons nominated by the state legislatures.
The Constitution originally provided for the direct popular election of
ONLY the House of Representatives.
3.
Congress would choose a national executive and a national judiciary.
2. It favored small states because each state was given equal representation in the legislature. 3.
Paterson's plan for a National Government, which greatly resembled the
Articles of Confederation.
2.
The Connecticut Compromise settled
the conflict.
b.
Often called the "Great Compromise" in that it settled a primary dispute.
It resolved the impasse between the Virginia and New Jersey Plans.
2.
The delegates agreed to count slaves as three-fifths of a person for purposes
of representation and taxation. Thus, it was a plan to satisfy the South's
desire to inflate the population count of their states.
2.
Congress could not act on the slave trade for at least 20 years.
2. Compromise was necessary on many issues. 3. Framers agreed on many basic issues, e.g., central government, popular sovereignty, limited government, representative government, separation of powers, and checks and balances. 4.
Left uncovered: "Great Silences of the Constitution"
b. Full scope of national powers was not explicitly spelled out. c. Who should decide if things are constitutional? (no judicial review) d. How should the president be advised? (no privy council or cabinet) e.
Not defined was the role of political parties, the bureaucracy or the formation
of congressional committees or the concept of congressional seniority,
the establishment of a post office, creation of interstate highways, nor
the right to an abortion.
2. Most delegates agreed that the Constitution was not perfect, but was the best that they could produce. 3.
In Benjamin Franklin's judgment, the Constitution was imperfect, but none
better could be framed.
b.
Compared to the government under the Articles of Confederation, the new
Constitution gave the central government more economic powers to resolved
the economic chaos of the Critical Period.
3. Anti-Federalists
opposed it, attacking ratification process, absence of mention of God,
to the denial to the states of a power to print money. Anti-Federalists
wanted less federal power.
b. They felt that the Convention exceeded its mandate to revise the Articles of Confederation. They also would not support the new Constitution unless it contained a bill of rights. c.
Included such notables as Patrick Henry, John Hancock and Samuel Adams.
Included two future Presidents, Jefferson and Monroe. The Anti-Federalists
were so powerful during the ratification process largely because many of
their leaders had also led during the Revolutionary War.
b. the Constitution lacked bill of rights (MAJOR OBJECTION); c. God was not mentioned in the document d.
The Constitution did not allow states to print money, to place duties on
imports from other states, to interfere with lawfully contracted debts
and to harbor runaway slaves.
6.
Ratification of the Constitution was done by special conventions in each
state. Success was achieved when Virginia and New York ratified the
document in the summer of 1788. Ratification of the Constitution in those
states was crucial because they were two of the largest, most populous
states. Didn't give ratification a simple majority, but rather, went beyond
the majority because of their importance.
2. In April 1789, George Washington was elected President of the United States.
3. Sovereign people created the Constitution and the government, both federal and state. 4.
Recall the Preamble:
Rule
of Law: Concept that government and its officers are always subject to
— never above — the law.
2. The Constitution distributes the powers of the National Government among Congress (legislative branch), the President (executive branch), and the courts (judicial branch). 3.
The Framers of the Constitution created a separation of powers in order
to limit the powers of the government and to prevent tyranny — too much
power in the hands of one person or a few people.
3. The system of checks and balances in the Constitution means that change usually comes slowly, if at all, and moderation and compromise are typical in our political system. Some scholars have suggested that a consequence of separation of powers and checks and balances has been fragmented policy-making processes. 4. The separation of powers and the checks and balances established by the Constitution allow almost all groups some place in the political system where their demands for public policy can be heard. Refer to linkage institutions. 5.
Examples of the exercise of checks and balances include a presidential
veto, the congressional veto override, the Senate's confirmation of presidential
nominees, Congressional control of the number of justices who may sit on
the Court (FDR and packing).
Judicial
Review: Power of the courts to determine whether the actions of the legislative
and executive branches of government are in accordance with the Constitution.
Doctrine of judicial review can be traced directly to Marbury v. Madison.
The constitutional principle of judicial review was never a factor
at the Constitutional Convention, but never a matter of disagreement. The
power of judicial interpretation is NOT address in the Constitution.
2.
Federalism is a compromise between a strict central government and a loose
confederation, such as that provided for in the Articles of Confederation.
b. Second Method — Amendment is proposed by Congress by a two-thirds vote in both houses, then ratified by special conventions in three-fourths of the states (38 of 50)(Only repeal of prohibition, i.e., 21st Amendment adopted in this fashion). c. Third Method — Amendment is proposed at a national convention when requested by two-thirds of the state legislatures (34 of 50), then ratified by three-fourths of the state legislatures (38 of 50). d.
Fourth Method — Amendment is proposed at a national convention called by
Congress when requested by two-thirds of the state legislatures (34 of
50), then ratified by special conventions held in three-fourths of the
states (38 of 50).
b. Proposals at national level, ratification is a state-by-state process. The participation of both the Federal Government and state government in the amendment process is evidence of federalism. c. When Congressional resolution passed, proposal not forwarded to President for signature, as in other enrolled legislation. d.
Criticism due to no popular vote or conventions, rather legislative action.
2)
A state, however, can call for an advisory vote by the people before it
acts.
f. Note as an illustration of how difficult it is to amend the constitution, the fact that a simple majority is not enough to satisfy constitutional requirements in either the proposal stage or the ratification stage of the amendment process. g.
The most commonly used method of amending the Constitution is for Congress
to propose and the state legislatures to ratify.
b. Next three after the Civil War c.
The rest were twentieth century amendments, reflecting demands for social
change.
2) Bearing arms (Second) 3) No troops quartered in homes (Third) 4)
Forbids unreasonable search and seizures (Fourth)
3) Jury trial right, even in civil cases (Seventh) 4)
Protections against excessive bail or fines, and cruel and unusual punishment
(Eighth)
d.
The Tenth says that states and people have reserved powers if a power is
not given to the national government.
b. Electoral college changed (due to 1800 election), so that each elector must cast separate ballots for president and vice president (Twelfth). c.
Thirteenth through Fifteenth (The Civil War Amendments):
2) Former slaves are citizens, and states may not "abridge the privileges and immunities of citizens," nor "deprive any person of life, liberty, or property, without due process of law"; nor deny anyone "the equal protection of the law." (Fourteenth) 3)
Race cannot be used to deny people the right to vote (Fifteenth).
2) Senators to be chosen directly by voters, instead of by state legislatures (Seventeenth). Prior to the Seventeenth Amendment, only members of the House of Representatives were directly elected by the people. (President elected by the electoral college). 3) Outlaws production, transport and sale of alcoholic beverages (Eighteenth). With repeal of Prohibition, states were permitted to approve sale of alcohol or remain dry (Twenty-first). 4) Women's suffrage or right to vote guaranteed (Nineteenth). 5)
Often called the "lame duck" Amendment, the terms of the president and
vice president begin on January 20 and the terms of the new Congress on
January 3 (Twentieth).
2) Gives citizens of the District of Columbia the right to vote for president and select electors, even though they are not citizens of a state (Twenty-third). 3)
Abolishes a poll tax levied in the states for voting in federal primaries
and elections, which had been used in five southern states to keep the
poor and blacks from voting (Twenty-fourth).
g. The Twenty-sixth gives persons eighteen years old and older the right to vote in all elections. h.
Twenty-seventh says that any Congressional pay raise cannot take effect
until the next Congress is elected.
2. Congress can pass laws defining and interpreting the meaning of constitutional provisions. Congressional legislation is an example of the informal process of amending the constitution. An informal amendment is a change to the implementation of the Constitution that does not involved an actual change to the written document. Political parties are an important example of the informal amendment process. 3.
Two ways in which Congress may informally amend the Constitution is by
enacting laws that expand the brief provisions of the Constitution, and
enacting laws that further define expressed powers.
2.
Presidents have extended their authority over foreign policy by making
informal executive agreements with representatives of foreign governments,
avoiding the constitutional requirement for the Senate to approve formal
treaties. Executive agreements
are pacts made by a President with heads of a foreign government.
2. The Supreme Court has been called "a constitutional convention in continuous session." 3.
Insofar as the Supreme Court interprets and applies the Constitution, its
decisions may only be overriden by a formal amendment to the Constitution.
2. Political parties have shaped government and its processes by holding political conventions, organizing Congress along party lines, and injecting party politics in the process of presidential appointments. 3.
The fact that government in the United States is in many ways government
through political party is the result of a long history of informal amendments.
The development of the two-party system is an example of informal constitutional
change through party practice.
2. An example is the executive advisory board known as the President's cabinet.
2. The "elastic clause" that allows the national government to expand its authority to meet the changing needs of the nation is grounded on the "necessary and proper clause" of the United States Constitution. 3. Since that time, the judiciary has applied this approach as it interprets the document. Other branches view the meaning flexibly when they apply it to their duties of legislation, investigation, and administration. 4. Beyond interpretation and application, the Constitution has changed twenty-seven times via amendment. It is more remarkable for what is NOT contained in the document. For example, the rules of the political game are not neutral, political power is divided under the concept of federalism, the supremacy clause prevents it from being superseded by acts of the branches of government. 5.
The Constitution does have various economic provisions which are designed
to create a strong national government so as to bring stability out of
economic chaos.
b. Empowers the vice president to preside over the Senate. c. Authorizes the House to impeach the president and the Senate to try the case. d. Provides that all tax legislation must originate in the House. e.
Provides that the president may sign or veto legislation, and both houses
of Congress override.
f. Lists the powers of Congress (Article 1 Section 8) g. Section 9 also protects citizens' rights to habeas corpus, saying a person is protected from illegal imprisonment h.
The Constitution also forbids Congress from passing bills
of attainder (punitive legislation aimed at a specific person), and ex
post facto laws (punishing a person for an act that was lawful at the
time it was performed).
b. Electoral college — not direct popular vote — elects president, with the number of electors for each state equal to the state's number of representatives and senators. c. Electoral college is later modified by the Twelfth Amendment, requiring that electors vote separately for president and vice president. d. President is commander of armed forces. e. President makes treaties with the advice and consent of the two-thirds of a quorum of the Senate. f. President appoints high officials and judges with Senate advice and consent. g.
President may call Congress into special session.
b. This article calls for trial by jury. c.
Claim of judicial review stems from "all cases" phrasing in this article
and the "supremacy clause" of the Constitution (which is not in this article).
b. Article V covers ways to propose and ratify amendments. c. Article VI includes the "supremacy clause," saying that the Constitution, laws, and treaties of the United States "shall be the Supreme Law of the Land." d. Article VII says the Constitution will be considered ratified when ratified by conventions in nine states.
Cathedral Home Page | Irish WebMail | Course Outline | American Government Main Page Cathedral High School,
El Paso, Texas |