CHAPTER 2 THE CONSTITUTION Chapter Goals and Learning Objectives

To build a house you first must lay a foundation. The foundation buttresses the structure, gives it support and definition. You build your house directly atop the foundation. Anything not built on that foundation will surely fall from lack of definition and support. The foundation of our system of government is the Constitution. Our nation and its laws are built upon it. The U.S. Constitution is one of the longest-lasting and least-amended constitutions in the world and has endured despite changing demographics, changing technology, and changing ideas. The problems encountered and compromises made by the Framers of the Constitution continue to affect our nation and our political process. Yet, the structure created and supported by our Constitution still stands. It is important to understand why. An understanding of the Constitution and the development of the Constitution is essential to understanding our political system. This chapter surveys the colonial era and the events that led to the writing of the Declaration of Independence, the main grievances of the colonists against the Crown and Parliament, the first American government under the Articles of Confederation, the writing of the U.S. Constitution, the nature of the U.S. Constitution, and, the ratification debate. The main topic headings of the chapter are: The Origins of a New Nation The First Attempt at Government: The Articles of Confederation The Miracle at Philadelphia: Writing a Constitution The U.S. Constitution The Drive for Ratification Methods of Amending the Constitution

In each section, there are certain facts and ideas that you should strive to understand. Many are in boldface type and appear in both the narrative and in the glossary at the end of the book. Other ideas, dates, facts, events, people, etc. are more difficult to pull out of the narrative. (Keep in mind that studying for objective tests [multiple choice, T/F] is different than studying for essay tests. See the Study Guide section on test taking for hints on study skills.)

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In general, after you finish reading and studying this chapter, you should understand the following: the origins of the new nation and the attendant conditions surrounding the Declaration of Independence and the break from Great Britain the first attempt at American government created by the Articles of Confederation the circumstances surrounding the writing of a constitution in Philadelphia the results of the Framers work in Philadelphiathe U.S. Constitution the campaign for ratification of the new government under the new Constitution the methods of amending the Constitution

Chapter Outline and Key Points

In this section, you are provided with a basic outline of the chapter and key words/points you should know. Use this outline to develop a complete outline of the material. Write the definitions or further explanations for the terms. Use the space provided in this workbook or rewrite that material in your notebook. This will help you study and remember the material in preparation for your tests, assignments, and papers. The Origins of a New Nation the colonists of the New World and their reasons for wanting to govern themselves local participation in decision-making allowed the colonists by King James I oppressive British traditions absent in the New World Trade and Taxation mercantilism French and Indian War Treaty of Paris of 1763I Stamp Act of 1765 Quartering Act of 1765 Samuel Adams and Patrick Henry

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Sons and Daughters of Liberty protests and boycotts First Steps Toward Independence Stamp Act Congress of 1765 Townshend Act of 1767 Committees of Correspondence Tea Act of 1773 Boston Tea Party Coercive Acts of 1774 (Intolerable Acts) The First Continental Congress First Continental Congress (1774) Declaration of Rights and Resolves The Second Continental Congress Second Continental Congress (1775) Olive Branch Petition Thomas Paine and Common Sense resolution by Richard Henry Lee of Virginia on June 7, 1776 the three parts of Lees resolution confederation The Declaration of Independence Declaration of Independence Thomas Jefferson John Locke and the Declaration of Independence

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The First Attempts at Government: The Articles of Confederation Articles of Confederation a confederation derives all its powers from the states a league of friendship linking the states for limited purposes Key provisions of the Articles of Confederation 1) 2) 3) 4) 5) Problems Under the Articles of Confederation the critical period from 1781 to 1789 effects of the weaknesses of the Articles of Confederation: 1) no power to tax 2) no resources to back its national currency 3) no power to regulate commerce among the states or with foreign nations 4) no chief executive (no president) to execute (implement) the laws 5) no judicial system 6) no strong central government--dissatisfaction of Washington and Hamilton with Articles of Confederation

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Shayss Rebellion requirements for voting and holding office factors leading to Shayss Rebellion Daniel Shays Shayss Rebellion national and state response to Shayss Rebellion implications for government of Shayss Rebellion The Miracle at Philadelphia: Writing a Constitution Constitutional Convention of 1787 The Characteristics and Motives of the Framers secrecy attendant to the convention Founding Fathers constitution Charles Beards An Economic Interpretation of the Constitution progeny of Beards work The Virginia and New Jersey Plans Virginia Plan New Jersey Plan Constitutional Compromises problems between small states desire for equal representation in the new Congress and larger states demand for proportional representation Great Compromise problems arising from regional differences Three-Fifths Compromise

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Unfinished Business Affecting the Executive Branch concerns of the Framers over a chief executive recommendations of the Committee on Unfinished Portions Electoral College Hamilton in Federalist No. 68 impeachment and removal The U.S. Constitution early draft of the Preamble final draft of the Preamble The Basic Principles of the Constitution Montesquieu separation of powers checks and balances federalism federal system three key features of separation of powers different means of selecting federal officers how Senators originally elected under the Constitution Seventeenth Amendment (1913) Separation of Powers and Checks and Balances Under the U.S. Constitution (Figure 2.1) The Articles of the Constitution Article I: The Legislative Branch

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enumerated powers necessary and proper clause (elastic clause) implied powers Article II: The Executive Branch president important powers of the president in section 3 State of the Union Address section 4 Article III: The Judicial Branch Supreme Court Congress and the lower courts appointments for life Articles IV Through VII Article IV and full faith and credit clause Article V and amendments Article VI and the supremacy clause Article VI and no religious test for public office Article VII and ratification The Drive for Ratification letter from George Washington with the proposed Constitution sent to the Second Continental Congress who favored the proposed Constitution in the Second Continental Congress?

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Federalists Versus Anti-Federalists Federalists Anti-Federalists The Federalist Papers Publius Alexander Hamilton, James Madison, and John Jay The Federalist Papers Federalist No. 10 Brutus and Cato Anti-Federalist arguments Madison answers the criticisms raised by the Anti-Federalist in Federalist Nos. 10 and 51 Ratifying the Constitution Article VII submission of the Bill of Rights as political compromise to assuage AntiFederalists fears Amending the Constitution: The Bill of Rights proposed amendments sent to the states for ratification Twenty-Seventh [Madison] Amendment Bill of Rights sought by the Anti-Federalists protections and guarantees of the Bill of Rights Methods of Amending the Constitution reasons for the formal amendment process to be a slow one

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Formal Methods of Amending the Constitution Article V two-stage amendment process two methods of proposal ratification must occur in one of two ways Eighteenth and Twenty-First Amendments ERA reaction to Texas v. Johnson (1989) Informal Methods of Amending the Constitution Judicial Interpretation Marbury v. Madison (1803) criticisms of judicial review Social and Cultural Change evolution of Constitution to accommodate change Great Depression and the New Deal Federal Marriage Amendment

Research Ideas and Possible Paper Topics

1) Examine the Articles of Confederation and pose an argument that they were not inherently flawed and should have been maintained as the American form of government. Examine some of the arguments by conservatives today who endorse a further downsizing of the federal government and the return of many federal powers back to the states. How do these arguments compare to the Articles of Confederation? Those who believe in a literal interpretation of the Constitution look to documents such as the Federalist Papers to determine the original intent of the Framers. Research the historical and political importance of the Federalist Papers with 25

2)

regard to the interpretation of the Constitution. Do Hamilton, Madison and Jay in the Federalist Papers provide a complete and sound explanation of the Framers' thinking in writing the Constitution or were the Federalist Papers a polemic written to sell the new constitution to a skeptical public? 3) The text gives a few examples of how the Constitution has changed due to interpretations by the judiciary and others. Explore other ways in which the Constitution has changed or will soon change. One of the major factors in the reelection of George W. Bush as president in 2004 was the issue of same-sex marriages. Social conservatives pushed the president to announce his support of a constitutional amendment banning same-sex marriages. Why do they believe it is necessary to amend the Constitution to achieve the goal of prohibiting same-sex marriages? Put another way, what is one of the constitutional arguments made by proponents of same-sex marriages that contends the Constitution forbids the federal and state governments from banning same-sex marriages?

4)

Web sites
Cornell University site offers the complete text of the Constitution. Many terms are hyperlinked and cross-referenced to other key issues. www.law.cornell.edu/constitution/constitution.table.html The U.S. Constitution OnLine offers many documents, including the Articles of Confederation, Declaration of Independence, the Constitution, and many other links. www.usconstitution.net Search and download the text of the Federalist Papers from The Avalon Project at Yale Law School. http://www.yale.edu/lawweb/avalon/federal/fed.htm Turn to GradeSavers Classic Notes for background on Alexander Hamilton, James Madison, and John Jay, as well as summaries and analysis of The Federalist Papers. http://www.gradesaver.com/ClassicNotes/Titles/federalist/ The Manuscript Division of the Library of Congress offers a wide variety of documents from the fifteenth to twentieth centuries on American history. http://lcweb2.loc.gov/ammem/mcchtml/corhome.html The National Archives offers a thorough explanation of the constitutional amendment process as well as several useful links to Constitutional Amendment Information in their Treasures of Congress Exhibit. http://www.archives.gov/federal-register/constitution/

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National Museum of American History offers timelines, virtual exhibits, music, and other information from American history. www.americanhistory.si.edu/ The University of Missouri-Kansas City hosts a Web site examining constitutional conflicts including the right to marry. http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/righttomarry.htm

Practice Tests
MULTIPLE CHOICE 1) Colonists came to the New World a. to escape religious persecution. b. to acquire land. c. to be more independent of government. d. All of the above. The first official meeting of the colonies and the first step toward a unified nation was the a. Stamp Act Congress. b. First Continental Congress. c. Committees of Correspondence. d. Colonial Parliament. The type of government in which the national government derives its powers from subsidiary units, such as states, is called a. shared sovereignty. b. unitary government. c. a confederacy. d. federalism. The Articles of Confederation failed due to a number of weaknesses, including that the national government was not allowed to a. coin money. b. tax its citizens or the states. c. pass laws. d. All of the above.

2)

3)

4)

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5)

The concept that the Framers of the Constitution were motivated principally to create a new government to protect their personal economic well-being and the well-being of men of property was first proposed in a book published in 1913 by historian a. Edmund Randolph. b. Charles Beard. c. Edward Everett Horton. d. Gordon S. Wood. The proposal that first called for a bicameral legislature at the Constitutional Convention was called the a. New Jersey Plan. b. Virginia Plan. c. New York Plan. d. Great Compromise. In general, at the Constitutional Convention, most of the small states felt comfortable with a. a stronger central government to deal with the crisis at hand. b. concentration of power into a single branch of government. c. a unicameral legislature appointed by the president. d. the Articles of Confederation. Reflecting the attitude of many of the Framers of the Constitution, including Alexander Hamilton, the election of the president of the United States would be removed from the hands of the masses through the creation of a. a bicameral legislature. b. the Senate, which would be elected by the states legislatures. c. the Committee on Unfinished Portions. d. the electoral college. The phrase included by the Framers in the Preamble to the Constitution, in order to form a more perfect union, reflects the concerns the Framers had with the a. Declaration of Independence. b. New Jersey Plan. c. Federalist Papers. d. Articles of Confederation. The powers vested in Congress by the Framers to govern the nation are enumerated in a. Article I, section 8. b. the Preamble to the Constitution. c. Article II. d. the Supremacy Clause of Article VI.

6)

7)

8)

9)

10)

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11)

Over the course of the nations history under the Constitution, Congress has often coupled the necessary and proper clause with a particular enumerated to dramatically expand its authority (e.g., to regulate airlines and railroads, which did not exist when the Constitution was written). Which of the following enumerated powers is often coupled with the elastic clause to expand federal power? a. to levy taxes b. to regulate commerce c. to coin money d. to control immigration Article III establishes a. the power of judicial review. b. the Supreme Court. c. the lower federal courts. d. judiciary systems of the state courts. Article VI includes the supremacy clause and also requires a. that the federal government create no ex post facto laws. b. all states to honor the laws and official acts of the other states. c. that states may not coin money. d. that no religious test for public office be required for holding any public office. In general, the Anti-Federalists a. feared the power of a strong central government. b. argued that a president would be become far too powerful. c. feared the powerful new national government would usurp the individual rights and liberties of the citizens of the states. d. All of the above. An example of constitutional modification through social change without amendment occurred during the Great Depression with the adoption by Congress and approval by the Supreme Court of a. the New Deal programs. b. the doctrine of judicial review. c. the Supremacy Clause. d. the declaration of war against Japan.

12)

13)

14)

15)

TRUE/FALSE 1) Thomas Paines Common Sense was instrumental in arousing colonists support for the new Constitution.

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2) 3) 4)

The Articles of Confederation worked fairly well throughout the Revolutionary War. The phrase we the people is found prominently in the Declaration of Independence. The political philosopher Montesquieu heavily influenced the Framers of the Constitution through his writings, which advocated a separation of powers and a system of checks and balances. Article I, section 8, enumerates the powers of the president to direct and manage the government of the United States. The Constitution establishes state court systems in Article III. The Bill of Rights was added to the Constitution in part as a way to garner support from the Anti-Federalists for the ratification of the Constitution. The Federalist Papers were designed to explain the new Constitution and encourage people to favor ratification. The Twenty-Seventh Amendment gives young people, aged eighteen to twentyone, the right to vote. The Constitution can only be changed through a formal amendment process.

5) 6) 7) 8) 9) 10)

COMPARE AND CONTRAST Stamp Act Congress and Committees of Correspondence the First Continental Congress and the Second Continental Congress federation and confederation Articles of Confederation and the U.S. Constitution Virginia Plan, New Jersey Plan, and the Great Compromise the three main compromises at the Constitutional Convention: the nature of the legislature, the executive branch, and representation Federalists and Anti-Federalists

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methods of amending the Constitution formal and informal techniques for amending the Constitution ESSAY AND SHORT ANSWER QUESTIONS 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) Discuss three events that led up to the Declaration of Independence. What impact did the publication of Common Sense have on the revolutionary process? What type of government did the Articles of Confederation set up, and what powers did each institution of government have? How was slavery treated in the Constitution? Why was it treated in this manner? What powers did the U.S. Constitution allocate to the executive branch and why? Discuss the route that the American colonies took toward independence. Explain the Articles of Confederation, its successes, and the problems that led to its abandonment and the Constitutional Convention. Explain the Miracle at Philadelphia and the compromises that had to be made in order to adopt the Constitution. Discuss the controversies over the ratification of the Constitution. Fully explain the basic principles of the Constitution.

ANSWERS TO STUDY EXERCISES MULTIPLE CHOICE ANSWERS 1) d 2) a 3) c 4) d 5) b 6) b 7) d 8) d 9) d 10) a

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11) b 12) b 13) d 14) d 15) a TRUE/FALSE ANSWERS 1) F 2) T 3) F 4) T 5) F 6) F 7) T 8) T 9) F 10) F

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