CH 2 POSC

The Struggle to Ratify the Constitution

(1788)

A revolutionary document and political experiment.

Framers envisioned the Constitution as a machine

Separate powers, checks and balances, and prevention of tyranny

Despite its originality, it faced significant opposition

1787: Framers write the Constitution

Delegates recommended the Constitution for passage

States needed to ratify the Constitution for it to become national law

Ratification was uncertain

Public opinion among voters (white, educated, wealthy males) was divided

Two ideological groups that clashed:

Lecture Notes: February 18th 1Federalists

Consisted mainly of the Constitution's framers

Logic behind Federalists:

Advocated for a strong central government

Sought to unite the states

Viewed the Articles of Confederation as a failure

Developed an effective propaganda campaign

They released the Federalist Papers:

A series of essays written anonymously (mostly by Alexander Hamilton) to

appear independent from the framers

They explained the Constitution and its benefits to the public

Published as 85 newspaper articles

Anti-Federalists

Historical losers who didn't achieve their goals

Logic behind Anti-Federalists:

Opposed a strong central government, fearing it would mirror British

Parliament

Preferred maintaining the status quo with sovereign states and strong local

governments, fearing centralized power

Many were influential state politicians

The Federalists prevailed in 1788, and the Constitution was ratified as the law of

the land

Changing the Constitution

Central Idea ** If it was written by a group of people it ca be changed by the

people **

Lecture Notes: February 18th 2The Constitution was designed to be adaptable to changing times and

circumstances. This "living" document can be modified through formal

amendments and has evolved through judicial interpretation, allowing it to remain

relevant while preserving its core principles. The amendment process ensures

that while change is possible, it requires broad consensus, protecting the

Constitution's fundamental nature while enabling necessary updates.

Example: Slavery and Constitutional Change

When later generations concluded that slavery could no longer be tolerated,

they changed the Constitution

The 13th Amendment Abolished Slavery

Relative Permanence: The concept that while the Constitution can be

modified through formal amendments, it maintains a degree of stability and

durability over time. This balance allows the document to adapt to changing

circumstances while preserving its fundamental principles.

The Constitution was deliberately crafted to be difficult—but not impossible—to

change. The framers sought to prevent rash or frequent alterations.

The framers created a system that allowed both themselves and future

generations to correct mistakes

Two Ways to Change the Constitution

Amendments

To amend means to add to a document or to change a document. Through formal

procedures outlined in Article 5 of the Constitution itself:

We have 27 amendments to the constitution

First changes to the constitution (Bill of Rights)

Original constitution in 1787

Lecture Notes: February 18th 3Bill of rights introduced 1791

What is it?

Why is it important?

Anti-Federalist were afraid of tyranny they wanted rights to be concretely outlined

in the constitution

Civil liberties the government cannot take away

The first ten amendments establish clear limits on the government's power

over its citizens\

Over the next 200 years, 17 additional amendments were ratified, each marking

significant changes to the Constitution.

13th Amendment: Abolished slavery

15th Amendment: Prevents discrimination in voting rights. In the 1860s,

African American males gained the right to vote, though this right was

frequently violated in Southern states.

19th Amendment: Women’s Right to Vote (1919)

26th Amendment: Lowered the voting age to 18, recognizing that if young

people could be drafted into military service (particularly during the Vietnam

War), they deserved the right to vote

How do we amend the Constitution?

Lecture Notes: February 18th 4Two-thirds of both the House of Representatives AND the Senate must

approve

The amendment must then be ratified by three-fourths of the states legislature

The farmers were really clever with the process of how the constitution could be

changed

"The Constitution was not free of imperfections."

—George Washington

Judicial Review

This concept emerged from Marbury v. Madison

In this landmark Supreme Court case, the Court established its own power of

judicial review

The Supreme Court is a key part of the checks and balances system

Through judicial review, the Supreme Court has the power to declare laws

unconstitutional

Think of judicial review like a referee in a sports game:

Just as a referee can determine if a play violates the rules of the game

and can overturn it, the Supreme Court can review laws and determine if

they violate the rules (the Constitution) and overturn them if they do.

This power helps maintain fair play in our system of government, just as a

referee maintains fair play on the field.

Topics the Framers Didn’t Consider

Violent video games when creating the constitution

Abortion

Automatic Weapons

Non-European Immigration

Gay Marriage

Lecture Notes: February 18th 5Drone Strikes on American Citizens in Pakistan

How should the government react?

The government needs to establish policies regarding these topics

The Supreme Court gets to decide whether these laws that policymakers

create are constitutional.

The supreme courts try to interpret the constitution

Apply constitutional principles to modern challenges that the Framers

couldn't have anticipated

Make decisions about new policies and laws that governments establish

Travel Ban (Donald Trump):

Executive Order 13769, commonly known as the "Travel Ban" or "Muslim Ban,"

was a 2017 presidential order that restricted travel and immigration to the

United States from several predominantly Muslim countries, leading to

significant legal challenges and constitutional debates about executive power

and religious discrimination.

The Court ruled that the president has broad discretion to restrict entry to

the United States and that the ban had a legitimate national security

purpose.

Lecture Notes: February 18th 6Student Loan Forgiveness Program (Joe Biden):

In 2022, President Biden announced a student loan debt relief plan that would

forgive up to $10,000 in federal student loan debt for eligible borrowers, and

up to $20,000 for Pell Grant recipients. However, the Supreme Court blocked

this program in 2023, ruling that the Biden administration had overstepped its

executive authority.

The Court determined the Executive Branch the authority to implement

broad student loan forgiveness without explicit Congressional approval

This was ruled an unlawful exercise of presidential power. Since student

loans weren't addressed in the Constitution, and economic decisions of

this magnitude fall under Congress's authority—not the president's—as

specified in the Constitution.