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The Constitution

The Constitution. Chapter 2. Principles of Government. Limited Government Strict limits on lawful uses of power Limits on depriving people of liberty Self-Government People are source and beneficiary of governing authority Majority rule Popular Government

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The Constitution

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  1. The Constitution Chapter 2

  2. Principles of Government • Limited Government • Strict limits on lawful uses of power • Limits on depriving people of liberty • Self-Government • People are source and beneficiary of governing authority • Majority rule • Popular Government • Majority’s desires have more direct and immediate impact on governing officials

  3. Origins of the Constitution • Enlightenment • Reason • Natural laws • Progress • Liberty • Toleration

  4. Key Leaders • John Locke • Born with natural rights • Life, liberty, property • Government is based on the consent of the governed • Contract where rulers protect the people's natural rights • If rulers betray the social contract, people have the right to replace them • Charles de Montesquieu • Spirit of the Laws • Separation of powers • Jean-Jacques Rousseau • Social Contract • Sovereign power resides in the will of the people • Fail to carry out the people’s will, they can be removed

  5. Four Significant Events • “the rights of Englishmen” • Resistance of taxation and control of England • Declaration of Independence • Inalienable rights • Articles of Confederation • Formed during the Revolutionary War • Created weak national government • States retained “sovereignty, freedom and independence • Prohibited Congress from interfering in states’ commerce policies • Prohibited Congress from taxation • Shays’s Rebellion • Weakened CongressNation Dissolving • Farmers, led by Daniel Shays, marched to prevent foreclosures on their land and cattle • Motivated Congress to meet in Philadelphia to revise Articles of Confederation • Needed a stronger central government to maintain order, protect property, and promote commerce

  6. The Framers • “An Assembly of Demi-Gods” • 55 delegates attended • Rhode Island refused to send delegate • Jefferson not there-in France • Shared Ideas • Human nature • Political Conflict • Purpose of Government • Nature of Government

  7. The Great Compromise • Two-Chamber Congress: Compromise • Virginia (large-state) Plan • Bicameral legislature • Representation dependent upon population number • Greater power to larger state • New Jersey (small-state) Plan • Unicameral legislature • Each state would have one vote • Equal power to large and small states • Result: • House of Representatives based on population • Senate-two votes for each state

  8. Three-Fifths Compromise • Slaves accounted for 30% of total population in the south • Many northern delegates opposed slavery • Compromise • All “free persons” and “three-fifths of all other persons” counted for representation • Same formula used for taxation

  9. Ratification • 9 out of 13 to approve • Nationwide debate • Anti-Federalists • Small farmers, shopkeepers, laborers • Favored strong state governments and weak national governments • Called for Bill of Rights • Federalists • Large landowners, wealthy merchants, professionals • Favored weaker state governments and a strong national government • Promised to add amendments specifically protecting individual liberties • Federalist Papers • 85 essays written by Hamilton, Madison, and Jay

  10. Three Branches of Government • Legislative Branch • Article I – bicameral Congress – two chambers – House & Senate • Executive Branch • Article II – led by a president chosen by electoral college • Judicial Branch • Article III – judicial branch with Supreme Court

  11. Checks and Balances • Guard against tyranny and restrain irresponsible majorities • Divide the authority of the government • Shared InstitutionsChecks & Balances • Shared Legislative Powers: Congress checked by the president, Supreme Court • Shared Executive Powers: President checked by Congress • Shared Judicial Powers: Courts checked by the president, Congress

  12. Judicial Review • Power of the Supreme Court to determine if acts of Congress and the President are in accord with the Constitution • Not specifically described in the Constitution • Est. by Marbury v Madison (1803)

  13. Constitutional Change • Proposal: • 2/3 vote in both houses of Congress • National constitutional convention called by Congress by request of 2/3 of state legislatures (never been used) • Ratification: • By legislatures in ¾ of the states • By conventions in ¾ of the states

  14. Methods of Informal Change • Congressional legislation • Executive actions • Judicial decisions • Party practices • Unwritten traditions

  15. Change Over Time • Jeffersonian Democracy • Government belonged to all, not just elite • Jacksonian Democracy • Voters choose president through electoral college • The Progressives • Direct election of senators • Delegates carry out wishes of the voters

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