Chapter 2 The Constitution

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Chapter 2The Constitution
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To Accompany Comprehensive, Alternate, and Texas
Editions American Government Roots and Reform,
10th edition Karen OConnor and Larry J. Sabato ?
Pearson Education, 2009
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The Roots of a New Nation

• Tensions begin to build in 1760s.
• British use mercantilism to justify control.
• French and Indian War increases dependence.
• Series of acts passed to increase control on
  colonists.
• Stamp Act Congress in 1765 is first expression
  of anger.
• In 1772, Committees of Correspondence form.
• Oppressive acts continue, particularly on tea.

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First Continental Congress

• Held in Philadelphia in September 1774.
• Colonists want to iron out differences with
  king.
• Adopt Declaration of Rights and Resolves.
• War begins in Lexington and Concord.

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Second Continental Congress

• Held in Philadelphia beginning in May 1775.
• Adopt Olive Branch Petition it is rejected by
  the king.
• Thomas Paine issues Common Sense.
• Delegates call for independence in June 1776.
• Write and adopt Declaration of Independence.
• Document draws heavily on the ideas of John
  Locke.

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The Articles of Confederation

• In a confederation, states are most powerful.
• Articles are first attempt at independent
  government.
• Create a loose league of friendship.
• Congress has limited power, states are strong.
• No executive or judicial branches, no power to
  tax.
• Shayss Rebellion viewed as a sign of Articles
  weakness.

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The Constitutional Convention

• Held in Philadelphia in May 1787 to revise the
  Articles.
• Fifty-five delegates from across the colonies
  attend.
• Refer to delegates as Founding Fathers or
  Framers.
• Has been debate about Framers motives.

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Virginia Plan

• Plan favored by the large states.
• Three-branch government.
• Two-house legislature.
• One house chosen by people, one by legislatures.
• Legislature can chose executive and judiciary.

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New Jersey Plan

• Strengthen Articles.
• One house legislature with one vote for each
  state.
• Representatives chosen by state legislatures.
• Congress can raise revenues from duties on
  imports.
• Supreme Court with life terms appointed by
  executive.

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Great Compromise

• Two-house legislature House and Senate.
• House chosen by people, Senate by state
  legislatures.
• House based on population, two per state in
  Senate.
• Revenue bills originate in the House.
• National government is supreme.
• Chief executive chooses Supreme Court.
• Appeases both large and small states.

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Other Compromises

• Three-Fifths Compromise regarding slavery.
• Committee on Unfinished Portions handles
  executive.
• President with four-year term, Electoral
  College.
• President can be removed from office by Congress.

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Basic Ideas of the Constitution

• Separation of powers between three branches.
• Checks and balances provide oversight.
• Government takes the form of a federal system.

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Article I Legislative Branch

• Bicameral, Senate and House.
• Sets out terms, selection, and apportionment.
• Section 8 lists enumerated powers.
• Final clause is necessary and proper clause.
• This is the basis for Congress implied powers.

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Article II Executive Branch

• President with a four-year term.
• Qualifications for and removal from office.
• Lists powers of the office.
• Commander in chief, treaties, appointments.
• Sets out State of the Union Address.

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Article III Judicial Branch

• Establishes only a Supreme Court.
• Sets boundaries of Supreme Courts jurisdiction.
  
• Gives Congress the power to establish lower
  courts.

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Articles IV-VII

• Article IV includes full faith and credit
  clause.
• Article IV includes provisions about new states.
  
• Article V discusses amendment.
• Article VI contains the supremacy clause.
• Article VII contains provisions for ratification.

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Ratifying the Constitution

• States hold ratifying conventions tensions run
  high.
• Federalists support the document.
• Anti-Federalists oppose the document.
• The Federalist Papers play a key role.
• New Hampshire was ninth to ratify.
• Later states demand a Bill of Rights.

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Formal Amendment

• Two stages proposal and ratification.
• Can be proposed by Congress or state
  legislatures.
• State legislatures have never proposed.
• Can be ratified by state legislatures or
  conventions.
• Convention only used for Twenty-First Amendment.

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Informal Amendment

• Judicial interpretation.
• Social and cultural change.

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Figure 2.1- British Land Claims, 1763
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Figure 2.2- Separation of Powers
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Figure 2.3- Amending the Constitution
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Table 2.1- Articles and the Constitution
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Table 2.2- Federalists and Anti-Federalists
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