Policy - National Paralegal
Transcript of Policy - National Paralegal
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The Constitution The Constitution Chapter 2
Government in America: People, Politics, and Policy
Thirteenth Edition, and Texas Edition Edwards/Wattenberg/Lineberry
Pearson Education, Inc., Longman © 2008
Pearson Education, Inc., Longman © 2008
Constitution Constitution
l Definition – A constitution is a nation’s basic law. It creates political institutions, assigns or divides powers in government, and often provides certain guarantees to citizens.
l Sets the broad rules of the game l The rules are not neutral; some participants and policy options have advantages over others.
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Origins of the Constitution Origins of the Constitution
l The Road to Revolution – Colonists faced tax increases after the French and Indian War.
– Colonists lacked direct representation in parliament.
– Colonial leaders formed the Continental Congress to address abuses of the English Crown.
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Origins of the Constitution Origins of the Constitution l European Claims in North America (Figure 2.1)
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Origins of the Constitution Origins of the Constitution
l Declaring Independence – In May and June 1776, the Continental Congress debated resolutions for independence.
– The Declaration of Independence, which listed the colonists grievances against the British, is adopted on July 4, 1776.
– Politically, the Declaration was a polemic, announcing and justifying revolution.
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Origins of the Constitution Origins of the Constitution
l The English Heritage: The Power of Ideas – Natural rights: rights inherent in human beings, not dependent on government
– Consent of the governed: government derives its authority by sanction of the people
– Limited Government: certain restrictions should be placed on government to protect natural rights of citizens
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Origins of the Constitution Origins of the Constitution
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Origins of the Constitution Origins of the Constitution
l Winning Independence – In 1783, the American colonies prevailed in their war against England.
l The “Conservative” Revolution – Restored rights the colonists felt they had lost – Not a major change of lifestyles
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The Government That Failed The Government That Failed
l The Articles of Confederation – The first document to govern the United States, it was adopted in 1777 and ratified in 1781.
– It established a confederation, a “league of friendship and perpetual union” among 13 states and former colonies.
– Congress had few powers; there was no president or national court system.
– All government power rested in the states.
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The Government That Failed The Government That Failed
l Changes in the States – Liberalized voting laws increased political participation and power among a new middle class.
– An expanding economic middle class of farmers and craft workers counterbalanced the power of the old elite of professionals and wealthy merchants.
– Ideas of equality spread and democracy took hold.
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The Government that Failed The Government that Failed
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The Government That Failed The Government That Failed
l Economic Turmoil – Postwar depression left farmers unable to pay debts – State legislatures sympathetic to farmers and passed laws that favored debtors over creditors
l Shays’ Rebellion – Series of attacks on courthouses by a small band of farmers led by Revolutionary War Captain Daniel Shays to block foreclosure proceedings.
– Economic elite concerned about Articles’ inability to limit these violations of individual’s property rights
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The Government That Failed The Government That Failed
l The Aborted Annapolis Meeting – An attempt to discuss changes to the Articles of Confederation in September 1786
– Attended by only 12 delegates from 5 states – Called for a meeting in May 1787 to further discuss changes—the Constitutional Convention
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Making a Constitution: Making a Constitution: The Philadelphia Convention The Philadelphia Convention l Gentlemen in Philadelphia
– 55 men from 12 of the 13 states – Mostly wealthy planters & merchants – Most were college graduates with some political experience
– Many were coastal residents from the larger cities, not the rural areas
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The Philadelphia Convention, The Philadelphia Convention, continued continued
l Philosophy into Action – Human Nature, which is selfinterested – Political Conflict, which leads to factions – Objects of Government, including the preservation of property
– Nature of Government, which sets power against power so that no one faction rises above and overwhelms another
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The Agenda in Philadelphia The Agenda in Philadelphia
l The Equality Issues – Equality and Representation of the States
l New Jersey Plan—equal representation in states l Virginia Plan—populationbased representation l Connecticut Compromise
– Slavery l Threefifths compromise
– Political Equality and voting left to states
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The Agenda in Philadelphia The Agenda in Philadelphia
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The Agenda in Philadelphia The Agenda in Philadelphia
l The Economic Issues – States had tariffs on products from other states – Paper money was basically worthless – Congress couldn’t raise money – Actions taken:
l Powers of Congress to be strengthened l Powers of states to be limited
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The Agenda in Philadelphia The Agenda in Philadelphia
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The Agenda in Philadelphia The Agenda in Philadelphia
l The Individual Rights Issues – Some were written into the Constitution:
l Prohibits suspension of writ of habeas corpus l No bills of attainder l No ex post facto laws l Religious qualifications for holding office prohibited l Strict rules of evidence for conviction of treason l Right to trial by jury in criminal cases
– Some were not specified l Freedom of speech and expression l Rights of the accused
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The Madisonian Model The Madisonian Model
l To prevent a tyranny of the majority, Madison proposed a government of: – Limiting Majority Control – Separating Powers – Creating Checks and Balances – Establishing a Federal System
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The The Madisonian Madisonian Model Model l The Constitution and the Electoral Process: The Original
Plan (Figure 2.2)
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The Madisonian Model The Madisonian Model
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The Madisonian Model The Madisonian Model
l The Constitutional Republic – Republic: A form of government in which the people select representatives to govern them and make laws
– Favors the status quo – change is slow l The End of the Beginning
– The document was approved, but not unanimously. Now it had to be ratified.
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Ratifying the Constitution Ratifying the Constitution
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Ratifying the Constitution Ratifying the Constitution
l Federalist Papers – A collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison under the name “Publius” to defend the Constitution
l Bill of Rights – The first 10 amendments to the U.S. Constitution, drafted in response to some of the AntiFederalist concerns about the lack of basic liberties
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Ratifying the Constitution Ratifying the Constitution
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Ratifying the Constitution Ratifying the Constitution
l Ratification – Lacking majority support, the Federalists specified that the Constitution be ratified by state conventions, not state legislatures.
– Delaware first ratified the Constitution on December 7, 1787.
– New Hampshire’s approval (the ninth state to ratify) made the Constitution official six months later.
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Constitutional Change Constitutional Change
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Constitutional Change Constitutional Change
l The Informal Process of Constitutional Change – Judicial Interpretation
l Marbury v. Madison (1803): judicial review – Changing Political Practice – Technology – Increasing Demands on Policymakers
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The Importance of Flexibility The Importance of Flexibility
l The Constitution is short, with fewer than 8,000 words.
l It does not prescribe every detail. – There is no mention of congressional committees or independent regulatory commissions.
l The Constitution is not static, but flexible for future generations to determine their own needs.
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Understanding the Constitution Understanding the Constitution
l The Constitution and Democracy – The Constitution is rarely described as democratic. – There has been a gradual democratization of the Constitution.
l The Constitution and the Scope of Government – Much of the Constitution reinforces individualism and provides multiple access points for citizens.
– It also encourages stalemate and limits government.
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Summary Summary
l The Constitution was ratified to strengthen congressional economic powers, even with disagreements over issues of equality.
l Protection of individual rights guaranteed through the Bill of Rights.
l Formal and informal changes continue to shape our Madisonian system of government.