PLS - Ch2 Lecture1 what is the Constitution

Overview of the Constitution

• The United States Constitution is the foundational document governing the national government and, to some extent, state governments.

• It serves multiple purposes:

  • Defines the Government: Establishes the framework and mission of the government.

  • Structures Power: Describes how government units exercise power.

  • Outlines Procedures: Provides guidelines for governmental operations.

Historical Context

• The Constitution represents Plan C in response to historical governmental failures experienced in North America:

  • Plan A: Initially, European settlement was structured as colonies under British rule which failed.

  • Plan B: The Articles of Confederation formed an alliance among states but proved to be insufficient for a strong national government.

  • Plan C: The Constitution emerged as a more robust governance framework.

Reasons for the Constitution's Formation

• The failures of British governance included:

  • Reduction of freedoms in the colonies.

  • Increased taxation to fund wars and colonial administration.

  • British violence against colonists, exemplified by incidents like the Boston Massacre.

• The lack of representation in Parliament led to dissatisfaction, famously expressed in the slogan "taxation without representation."

• The 2nd Continental Congress met to discuss independence, ultimately leading to the Declaration of Independence in 1776, primarily authored by Thomas Jefferson.

Articles of Confederation: The First National Frame

• Established a loose confederation of states without strong central authority.

• Major shortcomings included:

  • Absence of a national currency.

  • No centralized military, affecting national security.

  • Weakness in supporting individual states during crises, as illustrated by Shay's Rebellion.

Rise of Federalist and Anti-Federalist Perspectives

• Two predominant factions emerged concerning the balance of government power:

  • Anti-Federalists: Opposed a strong national government, advocating for state sovereignty.

    • Example figure: Mercy Otis Warren, who used her poetic talents to influence public opinion against a strong central government.

  • Federalists: Supported a structured and powerful national government, believing careful checks could prevent tyranny.

    • Key figure: James Madison, who was instrumental in crafting the Constitution as a replacement for the Articles of Confederation.

• Despite divergent views, a consensus developed:

  • Agreement on the necessity of a federal system with dual sovereignty.

  • Recognition of the separation of powers meant that no single government branch could dominate.

Key Compromises in the Constitution's Formation

The Great Compromise

• Addressed the structure of the legislative branch:

  • Established a bicameral legislature: Senate and House of Representatives.

  • Permitted smaller states fair representation.

The Three-Fifths Compromise

• Addressed representation related to slavery:

  • Enslaved individuals counted as three-fifths of a person for population purposes.

  • Attempted to balance representation concerns between Northern and Southern states, though morally offensive and ultimately abolished.

The Electoral College

• Created as a compromise for presidential elections:

  • Allowed direct public voting for electors, who then would cast votes for the president.

  • Aimed to balance public input with concerns about direct democracy.

Ratification Challenges

• The Constitution did not require unanimous approval for ratification, leading to debate and concerns about state inclusion.

• To address worries over individuals' rights, the Bill of Rights was eventually adopted in 1791 as the first ten amendments to the Constitution.