1.

The Origins of the Constitution

2. The Government That Failed: 1776–
1787
3. Making a Constitution: The Philadelphia
Convention
4. Critical Issues at the Convention
5. The Madisonian System
6. Ratifying the Constitution
7. Changing the Constitution
8. Understanding the Constitution

Summary
•Life was good in the
colonies (Slaves excepted, of
course)
•Self-governing
(Sovereign?)
•Freedoms from British
oppression (religion?)
• Irritants
• New taxes to finance
French & Indian War
• Enforcement of trade
regulations
• No representation in
Parliament
• Consent of the
governed?
• Protests & boycotts
• First Continental
Congress – Sept. 1774
•Reconciliation or revolution?
•Thomas Paine's Common
Sense
•Fanned, incited,
inspired
revolutionary
sentiments
•Author?
•Thomas Jefferson
•Co-author?
•John Locke
•Document RATIONALLY
outlined our grievances
& justified revolution
24 ½ inches wide & 29 ¾ high
•John Locke
• Natural rights
• Life, liberty,
property
• Purpose of
government is to
protect
• Consent of the
governed
• Limited
government
• Right to overthrow
• Individualism
• Rule by the people
• New ideas incubated in a
unique environment
• Winning independence
not easy
• Revolutionaries needed
foreign assistance (F)
• A conservative
revolution?
• Not a major change, just
securing rights
• State-dominated government
• League of friendship amongst
states
• Unicameral legislature
• No judiciary
• No executive (no president)
• No power to tax
• No power to regulate commerce
• Feared strong central
government
• Increases in liberty,
democracy…
• If you were a white
male
• New middle class
• Artisans
• Farmers
• Elite power felt
threatened
• Legislatures held
governmental power
• Controlled governors
FIGURE 2.2 Power shift: Economic status of state legislators
before & after the Revolutionary War
• Postwar economic
depression
• Shays' Rebellion
(1786)
• Farmers attack
courthouses to
prevent foreclosures
• Neither national nor
state govt. could
respond
• Elites privately put
down rebellion
Scribner’s Popular History of the US, 1897
 LESSON?
Need for STRONG
NATIONAL GOV
TO PROTECT
PROPERTY AND
MAINTAIN ORDER
(via standing
army)
 • #1 goal
• Revise the AoC
• Not enough state reps showed
• Factions developed
• Different plans for Congress
• Wouldn’t agree on BoR
• Shays’ Rebellion interrupted
• Annapolis meeting
Constitutional Convention

“To Revise the AoC OR Not to Revise”

• Who attended CC?
• 55 delegates from 12
states
• Wealthy planters, lawyers,
merchants
• Goal of this convention
• Write a new constitution
• Majority vs. Minority issues
• High principles versus self-
interest
• Human nature
• Political conflict
• Purpose of government
• Nature of government
 •The Equality
Issue
•The Economic
Issues
•The Individual
Rights Issues
Equal Representation in Senate
/ House proportionate to
population

C. stopped import of slavery (1808) but silent

on issue of slavery

3/5 of slaves for representation in house

Finessed issue. Let states decide

qualifications for voting
• Interstate tariffs (taxes)
• Worthless paper money
• Loan issues associated w/
$$
• Congress could not raise
revenue b/c of recession
• Congress given economic
power?
• Limit economic interference
of states
• New government must
repay debts of $54
million (1.6 billion today)
• Preserving individual rights a
priority
• Personal freedoms in the
Constitution
• Suspension of habeas corpus
prohibited (present the body)
• Bills of attainder prohibited (no trial)
• Ex post facto ("after the facts”) laws
prohibited
• Religious qualifications for office
prohibited
• Strict rules for what constitutes
treason
• Right to trial by jury (criminal)
• Thwarting Tyranny of
Majority
• Limiting majority
control
• Separation of powers
• Checks & balances
• Constitutional Republic
• End of the Beginning
 Thwarting Majority
Place as much of Gov. as possible beyond direct control of majority

17th Amendment
1913
• Creating a republic
• Direct democracy not
feasible 
• Representative
democracy
• Separating powers &
checks & balances make
change slow
• Is policymaking
inefficient?
• Franklin voiced
 Sept. 17th,

But was it
1787

ratified yet?
George Mobley/United States Capitol Historical Society
 Declaration of Independence

1776

War
Revolutionary
1781
Annapolis Convention (aborted)

1786

Shay’s Rebellion

Constitutional Convention
1787

Great Compromise
1776-1791

Federalist
Articles of Confederation

papers
1788
of the
Ratification

Constitution

1789

The Constitution

Bill of Rights
1791
New Jersey Plan Virginia Connecticut

•Connecticut plan
• Bicameral (VP)
• Upper house (Senate) receives
equal votes (2) from each state
(NJP)
• Lower House (House of
Representatives) representation
based on population (VP)
• Ratification process
• Federalists v. Anti-
Federalists
• Intense debate to see how
the country should be run
• Federalists
• Supported Constitution
• Bigger, Strong central gov
• Federalist Papers
• Alexander Hamilton, James
Madison, John Jay
• Anti-Federalists
• Opposed Constitution
• Smaller weaker central gov
• No protection for civil liberties
• States' power would weaken
•Founding Fathers’
warning to future
generations…
•Avoid factions
• Political parties
• Interest groups
 IS
“Judicial Review”
The SC INTERPRETS
constitutional or
unconstitutional
•Formal Amending
Process
•Informal Process
•Importance of
Flexibility
• Process of
formally altering
or adding to a
document or
record.
• Article V describes
process
•Founders
believed that the
Constitution
should be
flexible enough
to adapt to
changing times.
 • Constitution meant
to be flexible
Article 1, Sect 8 Clause 18 • Many decisions left up
The Congress shall have power to Congress
…To make all laws which shall be
necessary & proper for carrying into
• Flexibility key to
survival
execution the foregoing powers, & all
• World's oldest
other powers vested by this Constitution
Constitution in the government of the
United States, or in any department
• Elastic clause
• Necessary and Proper
or officer thereof. • EXAMPLE?
•7,000+
proposed only
27 passed
•FF’s made
process difficult
• Establishing
stability &
security thru a
respect for rule
of law
Video
Link
• Most changes 
informal
• Basic legislation
• Help America Vote Act of
October 29, 2002
• Actions of the president
• Climate Change
• Decisions by supreme
court
• Same sex marriage
• Marbury v Madison
 2.8

•The Constitution & Democracy

•The Constitution & the Scope of
Government
 2.8

•Original Constitution created a republic,

not a democracy
• Framers thought elites should govern
• Representative democracy allowed
Constitution to become more democratic
•From elitism to pluralism
• Voting qualifications left up to states
• 5 amendments have expanded electorate
• More officials chosen by popular election
 2.8

•Constitution designed to limit

government & protect liberties
• Broad participation possible
•Effects of separation of powers
• All groups can be heard
• Encourages stalemate
•Effects of checks & balances
• Gridlock or ineffective policy