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Politics Unit 4C

Ch1 - Forming a Nation: Establishing a Constitution

Salina Tang

Chapter 1
Forming a Nation: Establishing a Constitution

Section 1: The Road to Philadelphia
The settlers of American were economic, political and religious migrants
• Movement to the “New World”
• Escape from tyranny
• Pursuit of economic prosperity
• Religious protection
At a local level, democratic self-government emerged
• Executive branch – a governor, responsible for the day to day running of the colony,
appointed or approved by the monarch
• Legislative branch – a parliament, with an upper (appointed or approved by the monarch)
and lower House (elected by the people)
• Written constitutions were created to guarantee the rights of individual citizens
With each state having its own distinctive lifestyles and traditions, there were variations in
the way each one we governed but broadly they shared the following features:
• Minimal government intervention in business/commerce – Government interference in
business were limited across the 13 states
• Freedom of speech and religion
• Each state should retain its separate traditions and sense of identity
• The people should decide, at elections, who had political power and should have regular
opportunities to remove them from power
• (Separation of powers) No one, not even people of the highest integrity, should have too
much power, therefore;
- The three branches of government
should be separate and their powers
clearly identified
- Each branch of government should
be responsible for ensuring that the
others did not, over time,
accumulate power
- Political education, public
participation and general debate on
political issues should be
encouraged
1

Politics Unit 4C

Ch1 - Forming a Nation: Establishing a Constitution

Salina Tang

The Declaration of Independence/ The War of Independence 1
• Declaration of Independence: 4th July 1776
• The Madness of King George 2
• Breaking political ties with Britain
• Identified an independent and sovereign nation as the end-point of a War of Independence
• Consequently, they set up a weak central government (had no executive + judicial branch)
• Boston Habour rebellion – TEA party
• Thomas Jefferson
Jefferson’s 4 key points in analysing the government
(i) Government is necessary to protect rights
(ii)Public opinion must be sought and respected
(iii)Prevent tyranny
(iv)Government power should be constrained to ensure
individual rights are respected
The Articles of Confederation: “Rope of Sand”
• First legislature
• Brought together the 13 colonies (states)
• Weak, famously referred by George Washington as
“Rope of Sand”
• Tax revenue could not be raised
• Trade between states could not be managed
• Concerns started to escalate that foreign powers would
seek a foothold in the new country

Session 2: The Debate at Philadelphia
• “Founding Fathers” - written a formal constitution
• Set out the principles, rules and conventions according to which the nation’s citizens should
be governed
• The Constitution = the first codified constitution in the world
• Established a system of constitutional sovereignty for the USA
• Reviewed the system of government at a Constitutional Convention, to be held in
Philadelphia
Two factions
1
...
g
...
The anti-federalists - James Madison (leader)
•Identify individual freedom/liberty
•Refuse to be continued by strong government

1

During the war, the nation’s political leaders designed a new system of govemrnet based on the
central principle that their country would not replace one tyrannical government (in London) with
another (in the USA)
...
Small states/ Representation in the legislature (i
...
Congress)
The Virginia Plan (the largest state)

The New Jersey Plan

• Favoured by larger states
• A two-chamber legislature, elected by the
people, with wide ranging powers
• A strong executive, chosen by the legislature
• A national judiciary appointed by the
legislature

• Single-chambered Congress – with one vote
for each State and strictly limited powers
• A weak executive, consisting of more than
one person, chosen by the legislature
• A limited national judiciary, appointed by the
executive
• No matter how big/small of the state = get
the same number of representation

Compromise = Connecticut Compromise
• Delivered bicameral legislature
• i
...
Equal representation for each state in the upper House (2 senators), and representation in
the lower house on the basis of states’ populations
❖ E
...
California 25 million population has 2 senators

(2) Power of the Executive
• Federalists favoured almost monarchy powers
• Anti-federalists were concerned of individual rights
• Strong centre OR individual liberty? = controversies
Compromise: Check and balances (Single executive, with limited powers)
Advantages
i) Provided a single personality to represent
the new country in foreign affairs

Disadvantages
i) Easy to abuse
• Depends on how you label it (Domestic?
Foreign? Terrorism? National Security?)
❖ Assassination of Osama Bin Ladin: cannot
put a debate in legislature = presents a
clear danger to the US (Strong centre)
❖ Syria: not threatening the US/ looking for a
mandate

ii) Ensured government’s power restrained by
the representatives of the people when
solving domestic policies

3

Politics Unit 4C

Ch1 - Forming a Nation: Establishing a Constitution

Salina Tang

(3) Democracy
Concerned that the minorities are not protected
Compromise:
i) Elected lower chamber (i
...
House of Representative); appointed upper chamber3 (i
...
the
Senate)
ii) President appointed by an Electoral College
- Representatives of the state, distinct from state legislatures, so that the incumbent President
did not feel beholden to any one state over another

(4) Disagreement of Slavery
• Many founding fathers owned slaves
• Others came from the 3 states that had already ended slavery
Compromise:
• Deferral of the issue
• By allowing each states to make up their own mind
• Male slave = 3/5 of a person ➔ for the purposes of tax and representation

• Compromises implied that no-one left Philadelphia fully content
• However, pointed to a much stronger central government
• Anti-federalists were able to point to the sharing sovereignty and a system of checks and
balances
• Which means, powers of the federal government could be contained

4

Politics Unit 4C

Ch1 - Forming a Nation: Establishing a Constitution

Salina Tang

Session 3: The Contents of the constitution
US Constitution3
• Describes the structure and powers of Government
• Outlines the relationship between the three branches of
government
• Relationship between the government and its citizens
Aims
• From a closer union between the states
• Establish justice
• Provide effective defense
• Ensure liberty
10 Key principles

(i) Separation of powers
- 3 branches of
government (i
...

Executive,
legislative,
judiciary)
(ii) Checks and balances
(e
...
how the judiciary
limits the congress)
- ∵ The Founding
Fathers know about
Kings and monarchy
- Did not want
tyranny
(iii) Judicial Review
- Authority of judges
to interpret the
constitution
(iv) Judicial Power
- Does not specifically
grant the court’s
power to interpret
the Constitution
- But furnishes
sufficient verbal
basis for the power

(v) Dual Citizenship/
federalism
- Equality of
individuals + states
- Each states
acknowledges the
laws of other states
- Do not want
competition, a sense
of union and
equality to make
the United States
stronger
(vi) Written Constitution
- 7 Articles and 26
amendments
(vii) Rigid Constitution
- Most rigid
constitution in the
world
- Amended by a very
lengthy and
cumbersome process
- Complicated
amendment
procedure

(viii) Conventions And Usages
- Development of
Conventions and
Traditions have
changed the
Constitution beyond
recognition
(iv) Bill of Rights
- These rights cannot
be modified or
suspended except
by a Constitutional
amendment
(x) Constitution Is Supreme
- Supreme law of the
land
- Neither the centre
nor the States can
override it

(I) Article I: The legislative branch - congress
• Most important branch of government
• Lower house (House of Representative)
- Popularly elected in full every two years
• Upper house (the Senate)
- Comprises 2 senators from each state (6-year term)
• 18 enumerated powers of Congress
• 5 related to the economy
- Imposing taxes; borrowing money; regulating commerce
• 7 related to armed force
- Power to declare war, etc
...
E
...
USA, UK

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Politics Unit 4C

Ch1 - Forming a Nation: Establishing a Constitution

Salina Tang

• Remainder covering a range of another issues
- Responsible for communication systems
Elastic Clause
•
- The right to make all laws ‘necessary and proper’ to carry out its
responsibilities
- ‘Stretch’ beyond its enumerated powers
(II) Article II: The executive branch – the president
• Creates a President, elected to 4-year terms of office by
an Electoral College
• The Electoral College comprises electors from each of
the states
• President’s power;
i) Appoint key officials
ii) Acts as Head of State
iii) Appoint federal officials
iv)Issue reprieves and pardons
v) Veto congressional legislation
vi)Propose legislation to congress through an
annual address to Congress
[However]
• Domestic powers of the President have expanded power over time
• In the age of sailing ships and with over 3000 miles of ocean between the USA and its
potential enemies, it was not expected that the president will be a significant role
(III) Article III: The judicial branch - The Supreme Court
• Short
• Establishes a Supreme Court
• Members appointed by the President
• Resolve conflicts between states
• “ The judicial Power shall extend to all Cases
...
g
...
s
...
Checks by the executive on legislature
(i) Recommend legislation
• President can lay out his legislative agenda to the Senate and House of Representatives
• In January each year ➔ State of the Union Address (on TV)
(ii) Veto bills passed by Congress
❖ 8 years in office, President George Bush used veto on 11 occasions, including
his veto of the State Children’s Health Insurance PRogramme (S-CHIP) in
2007
❖
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Politics Unit 4C

Ch1 - Forming a Nation: Establishing a Constitution

Salina Tang

2
...
g
...
Bush pardoned only 189 people in 8 years
❖

3
...
Checks by the legislature on the judiciary
(i) Power to impeachment
• By 2/3 of the majority
❖ In the space of 3 years (1986-89), Congress removed 3 federal judges from office
a
...
Alcee Hastings for bribery
c
...
Checks by the judiciary on the legislature
• Judicial review
• Marbury v
...
American Civil Liberties Union, the Supreme Court
declared the Communication Decency Act unconstitutional
❖ In 1998, in Clinton v
...
Checks by the judiciary on the executive (the president)
• The ability to declare actions of any member of the executive branch to be
unconstitutional
❖ In late 2005, and very unusually, 2 federal level courts challenged the legality of
the President’s actions in relation to his approval of unauthorized spying on
American citizens since 9/11, and his Administration’s attempts to change the
status of a prisoner accused of being involved in terrorist offences
...
Rumsfeld, the Supreme Court declared
unconstitutional the military commissions set by the Bush administration to
try suspected members of Al Qaeda held at Guantánamo Bay in Cuba

>>List of exmaples of checks and balances in the US Constitution next page <<

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Politics Unit 4C

Ch1 - Forming a Nation: Establishing a Constitution

Salina Tang

Amending the Constitution
What is the process?
1) State legislature
2) State Constitutional Conventions ➔ used only for the 21st Amendment
3) National Constitutional Convention ➔ never used
(i) At least 2/3 of the House and the Senate;
(ii) 3/4 of the states

The Bill of Rights
• Outlines a number of key constitution
guarantees
• Still have direct relevance to the lives of
Americans today
• Establishes a positive attitude to rights
• Identifies rights that cannot be suppressed by
congressional legislation
• However, creates political controversies
• The role of Supreme Court becomes important
∵ interpret the Constitution

The Bill of Rights

Function

i) Freedom of religion, the press, speech and
assembly

Limits the ability of Congress

ii) Right to bear arms

Limits the ability of executive

iii) Protect the privacy of property owners
iv) No unreasonable searches and seizure
v) Rights of the accused and includes the ‘due
process clause’

Limits the ability of judiciary

vi) Speedy and public trials
vii) Trials by jury in civil cases
viii) No cruel and unusual punishment
ix) Other rights of the people

Limits the ability of the state as a whole

x) Protect the rights of the states

>> Sheet on 11th- 27th Amendments next page <<

10

Politics Unit 4C

Ch1 - Forming a Nation: Establishing a Constitution

Salina Tang

Two types of successful amendments
1) Those which served to tweak the structure or operation of government
• 17th - introduced direct elections for senators (2 senators from each state, etc)
• 22nd - introduced presidential terms limits of 8 years
• 25th - Presidential succession procedure
2) Expanded Civil Liberties
• 13th - Slavery Abolished (1865)*
• 14th - Equal Protection and due process clause (1868)*
• 15th - Blacks given the right to vote (1870)*
• 19th - Woman’s Right to vote (1920)
• 23rd - Gave representation to Washington DC within Electoral College
• 26th - lowered the voting age from 21 to 18
*** 13th, 14th, 15th = Civil Rights Act
Difficult and Unsuccessful Amendments
• Examples
!
❖ 1787-2008 ➔ 27 out of 11372 passed
!
❖ 17 out of 5000+ amendments since 1791
!
❖ Flag desecration: 1968, 1995-2005 ➔ rejected every time
!
!
❖ Texas v
...
Ferguson (1896) Brown v
...
Ferguson upheld state policies of racial segregation
• Overturned by the ruling in Brown v
...
Board of Education (1954)
• 14th Amendment permitted racial segregation, as
long as the result was “separate, but equal”
• Brown v
...
Carhart (2000) Gonzales v
...
Carhart overturned a ban on partial
birth abortion
• Gonzales v
...
g
...
g
...
e
...
g
...
g
...
g
...
g
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g

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