Third Edition
CQ PressInstructors' ResourcesChaptersCh. 1 Logic of American PoliticsCh. 2 The ConstitutionCh. 3 FederalismCh. 4 Civil RightsCh. 5 Civil LibertiesCh. 6 CongressCh. 7 The PresidencyCh. 8 The BureaucracyCh. 9 The JudiciaryCh. 10 Public OpinionCh. 11 Voting, Campaigns and ElectionsCh. 12 Political PartiesCh. 13 Interest GroupsCh. 14 The News MediaAbout the BookAbout the Authors The Logic of American Politics by Samuel Kernell and Gary C. Jacobson

Chapter Two: The Constitution

Study

Chapter Summary
In many ways, the American colonies were victorious in the Revolutionary War despite, rather than because of, the Articles of Confederation. Although home rule under Britain had allowed Americans some experience with self-government, they had always been able to depend on Britain to provide security and govern markets. In part because of British abuses of governmental power in the years leading up to the Revolution, the government the Americans constructed for themselves under the Articles was weak and hesitant and suffered tremendously from free riding.

After the war ended, the Articles continued to serve the new nation poorly. Congress could not raise the funds necessary to pay off war debts. Trade and economic policies varied widely among states. Even more serious were the various debtor uprisings and revolts, of which Shays's Rebellion is the most famous.

To confront these problems, representatives from the states gathered in 1787 to reform the government. Although many of the delegates arrived intending to make comparatively minor changes to the Articles, the resulting document would institute a new form of government. The new document reflected some of the highest thinking of the Enlightenment, as well as some of the baser material and political concerns of delegates. A key concern for delegates was the status of states in the new federal system, particularly the states' role in selecting members of the national government and the relative power of large and small states in this process. Other important issues included the roles of the executive and judiciary branches, the future amendment process, and the status of slavery in the new government.

Over the course of an arduous summer, the delegates used many compromises and logrolls to settle on what ultimately became the U.S. Constitution. Following the convention, the Constitution's backers (the Federalists) still faced a difficult, although ultimately successful, struggle for ratification. While the resulting national government was far weaker than Madison and others had hoped, it far surpassed the limited government of the Articles and has allowed a consistent expansion of federal power over the last two centuries.

Objectives

After reading this chapter, you should understand…

  • the institutional limitations of the Articles of Confederation and their effects on the Revolutionary War and early history of the United States
  • how the philosophers of the Age of Reason influenced the thinking of the Framers
  • the major divisions among the delegates and the nature of the compromises that were required to bring these groups together
  • how seemingly minor clauses in the Constitution have served as entry points for large expansions of the power of the national government
  • the collective action problems faced by the states that led them to willingly surrender some sovereignty to the new national government
  • the main issues of the debate on ratification of the Constitution and their impact on that document
  • the main arguments of Federalist Nos. 10 and 51 and how they addressed the concerns of the Antifederalists

Review Questions

  • What steps were taken to construct a national government before the Articles of Confederation? What resulted from these steps?


  • How much experience did the colonists have in self-government prior to the Revolutionary War? In which issue areas did they have the most experience? The least? How did these experiences shape the institutions they designed in the Articles and under the Constitution?


  • How were decisions made under the Articles? What sorts of decisions were not made by the confederation? How did this system affect the war effort? How did it affect the conduct of the national and state governments once the war was over?


  • Why were small states suspicious of any plan to abandon the Articles?


  • What were the Virginia Plan and the New Jersey Plan? What sorts of states supported each plan and why? How did the Great Compromise attempt to satisfy both groups of states?


  • Why is the Electoral College so complicated?


  • How did the Framers balance the powers and independence of the executive and legislative branches?


  • Which issues were consciously left unresolved by the Framers? Why?


  • Why did Northern delegates compromise with Southern delegates on the issue of slavery?


  • What mechanisms for constitutional amendment were included in the Constitution? Why were multiple methods included?


  • According to James Madison, what are "factions"? What problems do they cause for government? How can they be eliminated? How can the effects of faction be minimized?


  • In Federalist No. 51, why did Madison argue that it was necessary to separate governmental authority among several branches?