September 19, 2010

Ch. 2 Notes The Constitution

Intro:
 Gregory Lee Johnson was frustrated with nuclear policies so he marched in
Dallas demonstrate “die ins” as the consequences of nuclear war.
 Won the case because of nature of constitution
 Constitutions- nations basic law
 Also unwritten accumulation of traditions and precedents that effect policy
outcomes
 Rules are never neutral
The Origins of the constitution
− Road to Revolution
 White colonists were more free, more equal, and prosperous
 The taxing on goods was to raise funds for colonists defense
 Colonists lacked representation in government  resulted in first
continental congress in 1774 by sending reps to Philadelphia
− Declaring Independence
 Thomas Jefferson was sent by VA subbing Peyton Randolph
 Declaration written by Franklin, Jefferson, Adams, Sherman, and Henry
Lee
 Declaration stated their grievances’ against Britain and declared
independence
− English Heritage: power of Heritage
 John Locke’s ideas were based off of natural rights (human beings >
government)
 Government must be built on the consent of the governed; people
must agree on rules
 Limited government; sole purpose to protect citizens rights
 2 limits :
o Gov’t must provide standing laws so that people in advance will
know whether their acts will be acceptable
o “ the supreme power cannot take from any mans any part of his
property without his consent”
o The preservation of property was the end of government
 In extreme cases, people have the right to revolt
− Jefferson’s Handiwork An American Creed:
 Inalienable rights were , life liberty, and the pursuit of happiness
 American Republicanism- stressing moral virtue, patriotism, relations
based on natural merit, and the equality of natural independent
citizens
 Seymour Martin Lipset “first new nation”
− The conservative revolution
 French, Russian, and Iranian Revs all promoted social change
 American rev did not change much; goal was to restore the rights of
colonists
 They were no oppressed—but rather consent to the nations gov’t
- The Gov’t that Failed
 Articles of Confederation – first plan to govern
  State based because they feared a national gov’t would become
tyrannical
 Continental congress were responsible for maintaining army and navy
 Colonial elite saw their power shrink as a result of the increasing
democracy which gave rise to the middle class (farmers and
craftsmen).
 Shay’s Rebellion ( anti- closing farms) gave Philadelphia delegates
the idea that a federal gov’t had to made and it had to be strong
 Annapolis meeting  arranged for the continental Convention
- MAKING A CONSTITUTION: THE PHILADELPHIA CONVENTION
 They agreed on questions of human nature, the causes of political
conflict, and the object and nature of a republican government
 Madison ended up as the most influential
 Pennsylvania delegate Governor Morris was responsible for the style
and wording of the U. S. Constitution.
 55 delegates were the elite
 Madison: factions (single groups/parties) arise without disturbing
wealth unequally
 As long as no faction could overtake the gov’t, tyranny would be
avoided – Madison
 "Ambition must be made to counteract ambition." – Madison

- Agenda in Philadelphia

 three issues :
o whether or not the states were to be equally represented
o what to do about slavery
o whether or not to ensure political equality.
 Connecticut Compromise – Create the House representatives &
Congress and reps would be made based on the U.S population and
Senate (2 reps per state)
 Ended up giving small states more power cause they have senate fixed
number
 Delegates divided over issue of slavery
 Three-fifths compromise:
o both representation and taxation were to be based upon the
"number of free persons" plus three-fifths of the number of "all
other persons
 The delegates dodged the issue of political equality. A few delegates
favored universal manhood suffrage, while others wanted to place
property qualifications on the right to vote. Ultimately, they left the
issue to the states.
 Congress was to be the primary economic policymaker.
 Prohibits writ of habeas corpus,
o prohibits bills of attainder and ex post facto laws
o prohibits the imposition of religious qualifications for holding
office in the national government,
o narrowly defines treason and outlines strict rules of evidence for
conviction of treason, and upholds the right to trial by jury in
criminal cases
- Madisonian Model
 Key purpose of government to protect property
  Democracy was a threat to property
 dilemma of reconciling economic inequality with political freedom.
 Only in the house of reps was the election direct
 Senate elected by state legislatures
 Presidents elected by electoral college and judges appointed by
president
 Separation of powers  Checks & Balances
 The framers of the Constitution did not favor a direct democracy.
 They chose a republic, a system based on the consent of the
governed in which power is exercised by representatives of the public.
- Ratifying the Constitution
 Federalist supported constitution
 Anti-feds were against it ( majority)
 Federalist Papers by Madison were written to strengthen the
position
 Anti-feds thought the constitution was more class-based and would
get rid of their natural rights
 James Madison added the bill of rights to prove that the
rights would remain intact
- Constitutional Change
 Formal amendments change the language of the constitution
o – informally amended/ unwritten constitution  ASSumed
 The founders created a flexible system of government, one that
could adapt to the needs of the times without sacrificing personal
freedom.
 Amendments have been proposed but not ratified such as ERA (equal
rights amendment)

Summary/ Understanding the Constitution :

The constitution is based off the Locke ideas that revolve around the natural rights of people and
how the government cannot subject or oppress them in any way. The constitution created a republic –
representation to government but it is a Democratic theme, which people directly (although they don’t)
control the government.
These systems also promote the politics of bargaining, compromise, and playing one institution
against another-to such an extent that some scholars even suggest there is so much "checking" that
effective government is almost impossible.