Chapter 2: The Constitution

I.

The Constitution i. Texas V Johnson case about flag burning and symbolic speech ii. Johnson won case although President and large maj. of Americans disagreed iii. Burning the flag is still protected as a form of political expression iv. Constitution guarantees rights and decentralizes power v. Const. requires numerous checks on exercise of power and provides many obstacles against change vi. System produces stalemate often / protects minority views vii. A const. creates political institutions, allocates pwr in gov., and often provides guarantees to citizens The Origins of the Constitution

II.

a. The Road to Revolution

i. ii. iii. iv. v.

Britain established taxes on goods to help pay for costs of Fr. And Indian War Britain also tightened trade regulations in order to benefit the mother country, not the colonies Colonists were outraged and boycotted the taxed goods / also Boston Tea Party Colonists did not have representation in Parliament in Britain Colonists formed the First Continental Congress in September 1774 with delegates from each colony VA led the Continental Congress meeting in PA. Talk of independence was common among delegates Jefferson came to CC as a last minute substitute Thomas Paines Common Sense added to general support of revolution June 7, Richard Henry Lee moved for US to be free and independent Committee was formed to draft inevitable declaration Jefferson wrote most of Declaration of Independence adopted by Congress on July 4 Most of declaration criticized the king Declaration became most widely revered and quoted documents in America

b. Declaring Independence
i. ii. iii. iv. v. vi. vii. viii.

c. The English Heritage: the Power of Ideas

i. ii. iii. iv. v. vi.

vii. viii.

Leaders shared ideas and knowledge from past political philosophers John Locke was one of most influential philosophers The Second Treatise of Civil Gov Lockes foundation was built on natural rights rights inherent to human beings Gov. must be built on the consent of the governed Sole purpose of gov. was to protect natural rights Locke proposed two main limits on government - gov should provide standing laws to tell people in advance which actions are acceptable - the preservation of personal property is the purpose of government Jefferson changed Lockes phrase from life, liberty, and property to life, liberty, and pursuit of happiness Locke felt people have a right to revolt against a gov. that doesnt have their consent

d. Jeffersons Handiwork: The American Creed

Thomas Jefferson and Locke had remarkable parallels in thought ii. They both finessed their way past the issue of why men had rights by saying the rights were self-evident and that men were equally endowed by their creator with certain inalienable rights
i.

e. Winning Independence
i.

The Colonies won independence in 1783

f. The Conservative Revolution

The American revolution did not significantly alter colonists way of life ii. As a result, the revolution did not create social class conflicts
i.

III.

The Government that Failed:1776-1787 i. The first gov. plan was called the Articles of Confederation

b. The Articles of Confederation

Established a gov. dominated by the states ii. National legislature with one house which held most of the power
i.

c. Changes in the States

Many states adopted a bill of rights, abolished religious qualifications and liberalized requirements for voting ii. Structure became more responsive to the people iii. Equality became a driving change throughout the nation
i.

d. Economic Turmoil
Economic inequality played an important role in shaping public policy ii. Economic issues were at the top of the political agenda
i.

e. Shays Rebellion
Capt. Daniel Shay led rebellion ii. Was a series of armed attacks on courthouses to prevent judges from foreclosing on farms iii. Neither Congress nor the state could raise a militia to stop them. A privately paid force had to be utilized
i.

f. The Aborted Annapolis Meeting

i. ii. iii. iv. v.

12 delegates met in Annapolis to discuss commercial conflicts of the articles of confederation Only 5 states were represented They decided that all states needed to have representation They called for a full-scale meeting boldly a were granted such May 1787 Constitutional Convention

IV.

Making a Constitution: Philadelphia Convention i. Meeting with purpose of revising Articles of Confederation however the 55 delegates began writing a totally new document instead (US CONSTITUTION!)

b. Gentlemen in Philadelphia
i.

Group of 55 delegates made up of wealthy planters, successful lawyers, and merchants, etc.

c. Philosophy into Action

Human Nature ii. Political Conflict iii. Objects of Government iv. Nature of Government
i.

V.

The Agenda in Philadelphia i. Delegates wanted a gov consistent with their political philosophy ii. Had to confront decisions over issues of equality, slavery, and individual rights

b. Equality Issues
DOI says all men are created equal, but Const. says nothing ii. Three issues were MOST important: 1. Whether states should be equally represented 2. What to do about slavery
i.

3. Whether to ensure political equality

c. Economic Issues
i.

d. Individual Rights Issues

VI.

The Madisonian Model

a. Thwarting the Tyranny of the Majority

i.

Ri T

b. The Constitutional Republic

i. ii.

c. The End of the Beginning

i.

The

VII.

Ratifying the Constitution

a. Federalists and Anti-Federalists b. Ratification

VIII. Constitutional Change

a. The Formal Amending Process b. The Informal Process of Constitutional Change c. The importance of Flexibility

IX. X.

Understanding the Constitution

a. The Constitution and Democracy b. The Constitution and the Scope of Government
Summary