The Constitution - Pearson
2Listen to Chapter 2 on MyPoliSciLabTheConstitutionDetainees, Checked and Balancedenator John McCain (R–AZ)—who had spent five years as a prisoner of war inVietnam—offered an amendment to the 2005 Defense Department Authorization bill banning cruel, inhuman, and degrading treatment of detainees. PresidentBush threatened to veto the bill if it contained the McCain “anti-torture” amendment, but the Senate and House voted overwhelmingly for it. In supporting theamendment, senators and representatives from both parties cited their concerns about prevailing policies, noting the free-fall in America’s international reputation after revelations about harshtreatment of detainees at U.S. prisons at Guantanamo Bay (Cuba) and Abu Ghraib (Iraq) and theirsense that many of our detainee policies were at odds with basic American values. Seeing thehandwriting on the wall, the president signed the bill with the anti-torture amendment.1End of the matter? According to most textbook expositions, a bill becomes law once it ispassed by both houses of Congress and signed by the president. 2 All citizens and governmentofficials are then obligated to abide by the law. Of course, in real life, the president and executivebranch officials sometimes carry out the provisions of a law with less enthusiasm than Congressmight like. In this case, President George W. Bush went much further, essentially nullifying hisbill-signing by issuing a signing statement stating that “the executive branch shall construe [thelaw] in a manner consistent with the constitutional authority of the President . . . as Commanderin-Chief . . . [this] will assist in achieving the shared objective of the Congress and the President . . .of protecting the American people from further terrorist attacks.”3 The president was announcingthat he would not feel obliged to follow the provisions of the new law when he and he alone, acting in his constitutional capacity as commander in chief, deemed it necessary for the protectionof the American people.4S242.12.22.32.42.52.6Assess the enduring legaciesof the AmericanRevolution andthe Declarationof Independence,p. 28Describe the governmental systemestablished by ourfirst constitution,p. 31Analyze the developments that ledto the Constitutional Convention,p. 32Evaluate theframework forgovernment thatemerged fromthe ConstitutionalConvention, p. 36Explain the difficulties of ratifyingthe Constitution,p. 49Identify threeprocesses bywhich theConstitutionchanges, p. 51
Harsh Confinement President George W. Bush was heavilycriticized about the use of harsh interrogation techniques at GuantanamoBay and other prison facilities housing terrorism suspects. While he signeda bill from Congress banning such techniques, he also issued a signingstatement saying he would ignore the new law when it endangered nationalsecurity. Here heavily guarded prisoners are escorted to their cells.Watch on MyPoliSciLab25
MyPoliSciLab Video Series1The Big Picture Learn why rules in the NBA are similar to the rules in Americanpolitics. Author Edward S. Greenberg discusses how the Constitution wasshaped by the biases of the people who wrote it, and he explains why changingits laws result in a changed nation.The Basics Since the Bill of Rights, the Constitution has only been amended17 times. Learn about the Constitution’s original purpose and what circumstanceswill be required if ever it should be amended for an 18th time.34In the Real World How well does the system of checks-and-balances really work?Decide whether each branch effectively checks the others—particularly, whetherCongress should have the power to oversee the bureaucracy—by examining thefailed “Fast and Furious” case and how it was resolved.So What? How hard is it to change the Constitution? While some features of themodern political process—such as political parties and lobbyists—developedwithout being mentioned in the Constitution, author Edward S. Greenberg explainshow the constitution is structured to favor the status quo.262In Context Who were the founding fathers? What challenges did they facewhen ratifying the Constitution? By getting inside the founders’ heads, CostasPanagopoulos explains how we can continue to keep the spirit of the Constitutionalive today.Think Like a Political Scientist Understand how the Constitution affects thebehavior of the institutions of government—including the president. CostasPanagopoulos lays out what topics fascinate constitutional scholars the mosttoday and demonstrates why the Constitution encourages the different branchesto act strategically.5Watch on MyPoliSciLab6
President George W. Bush was not the first president to issue signing statements setting out his thinking on the meaning of new statutes. But most presidents before him,starting with James Monroe, used the device sparingly and rarely used it to contravene theintent of Congress. President Bush, on the other hand, issued more than 1,200 of themduring his eight years in office—far more than all presidents had issued collectively duringthe entire course of American history. A fair proportion of them fell into the category of“will not” or “cannot” carry out the law because of intrusions on the president’s constitutional prerogatives and powers as commander in chief or as head of the executive branch.During the 2008 election campaign, Barack Obama promised to end this practice ifelected. On March 9, 2009, he issued an executive order that all executive branch officialsmust consult with the attorney general before following any of the signing statements issuedby President Bush, suggesting that most of them would no longer be operative. Interestingly,however, President Obama also said that signing statements were legitimate if used properlyand that he reserved the right to issue them when he deemed it to be appropriate, thoughhe promised he would act with “caution and restraint.”5 He mostly was true to his word, issuing only 18 through the end of 2011, and only a few said or implied that he “would not”or “could not” carry out the law as Congress intended. One of these, in which he rejecteda proviso in a statute limiting the president’s ability to hire advisors, he deemed contrary tohis constitutional powers, brought abundant criticism, but he was undeterred.6 Apparently,President Obama was unwilling to reject entirely an important tool of presidential power thathad evolved over the years.In the Constitution, the framers designed a framework for a government of separatedpowers and checks and balances. By that we mean that the framers divided executive, legislative, and judicial powers and placed them into separate branches of the national government. While the framers situated a set of unique powers within each, they also gave eachbranch an important role in the affairs of the other branches in a bid at preventing any oneof them from becoming too powerful. Giving legislative power to Congress but giving thepresident a central role in the legislative process, including the president’s role in signingbills into law and having the ability to veto congressional enactments, is an example of thisconstitutional design. As you might suspect, a system of separation of powers and checksand balances is rife with potential conflict between the branches. It has been so sincethe beginning of the Republic. It is exactly the sort of thing the framers had in mind. Thischapter is about the constitutional design of the American government, why the framersfashioned the sort of constitution they did, how the Constitution shapes political life andgovernment actions in the United States, and how the meaning of the Constitution haschanged over the years.Thinking Critically About This ChapterThis chapter is about the founding of the United States (see Figure 2.1)and the formulation of the constitutional rules that structure Americanpolitics to this day.Using the FrameworkYou will see in this chapter how structural factors such as the American political culture, economic developments, and the composition of the Constitutional Convention shaped the substance of our Constitution. You will alsosee how the Constitution itself is an important structural factor that helps usunderstand how American government and politics work today.Using the Democracy StandardUsing the conception of democracy you learned about in Chapter 1, you willbe able to see how and why the framers were uneasy about democracy andcreated a republican form of government that, although based on popularconsent, placed a number of roadblocks in the path of popular rule.27
2.12.22.32.42.52.6The American Revolution andthe Declaration of Independence2.1Assess the enduring legacies of the American Revolution and the Declarationof Independencenitially, the American Revolution (1775–1783) was waged more to preserve an existing way of life than to create something new. By and large,American colonists in the 1760s and 1770s were proud to be affiliatedwith Great Britain and satisfied with the general prosperity that camewith participation in the British commercial empire.7 When the revolution broke out,the colonists at first wanted only to preserve their traditional rights as British subjects.These traditional rights of life, liberty, and property seemed to be threatened by Britishpolicies on trade and taxation. Rather than allowing the American colonists to tradefreely with whomever they pleased and to produce whatever goods they wanted, forinstance, England was restricting the colonists’ freedom to do either in order to protectits own manufacturers. To pay for the military protection of the colonies against raidsby Native Americans and their French allies, England imposed taxes on a numberof items, including sugar, tea, and stamps (required for legal documents, pamphlets,and newspapers). The imposition of these taxes without the consent of the colonistsseemed an act of tyranny to many English subjects in America.Although the initial aims of the Revolution were quite modest, the American Revolution, like most revolutions, did not stay on the track planned by its leaders. Althoughit was sparked by a concern for liberty—understood as the preservation of traditionalrights against the intrusions of a distant government—it also stimulated the development of sentiments for popular sovereignty and political equality. As these sentimentsgrew, so did the likelihood that the American colonies would split from their Britishparent and form a system of government more to the liking of the colonists.When the Second Continental Congress began its session on May 10, 1775—theFirst had met only briefly in 1774 to formulate a list of grievances to submit to theBritish Parliament—the delegates did not have independence in mind, even thougharmed conflict with Britain had already begun with the battles of Lexington andConcord. Pushed by the logic of armed conflict, an unyielding British government,and Thomas Paine’s incendiary call for American independence in his wildly popular pamphlet Common Sense, however, the delegates concluded by the spring of 1776that separation and independence were inescapable.8 In early June, the ContinentalCongress appointed a special committee, composed of Thomas Jefferson, John Adams,and Benjamin Franklin, to draft a declaration of independence. The document, mostly Jefferson’s handiwork, was adopted unanimously by the Second Continental Congresson July 4, 1776.I Key Ideas in the Declaration of IndependenceThe ideas in the Declaration of Independence are so familiar that we may easily misstheir revolutionary importance. In the late eighteenth century, most societies in theworld were ruled by kings with authority purportedly derived from God, subject tolittle or no control by their subjects. Closely following John Locke’s ideas in The SecondTreatise on Government, Jefferson’s argument that legitimate government can be established only by the people, is created to protect inalienable rights, and can govern onlywith their consent, seemed outrageous at the time. However, these ideas sparked a responsive chord in people everywhere when they were first presented, and they remainextremely popular all over the world today. The argument as presented in the Declaration of Independence goes as follows: 28Human beings possess rights that cannot be legitimately given away or takenfrom them. “We hold these truths to be self-evident, that all men are created equal, that
17741774 SeptemberFirst Continental Congress17751775 MaySecond Continental Congress17761776 JanuaryFirst publication of Thomas Paine’s Common Sense17771775 AprilBattles of Lexington and Concord2.21775 JuneBattle of Bunker Hill1776 July2.3Congress adopts the Declaration of Independence.2.41777 JuneCongress adopts the “stars and stripes”design for the American flag.2.117781777 November 15Articles of Confederation adopted by Congress,sent to the states for rati fication.2.517791775–1782Revolutionary War2.617801781 March 117811781 October 19Articles of Confederation are rati fied by the requisitenumber of states.1782Cornwallis surrenders the British Army at Yorktown.17831783 September 3Treaty of Paris is signed, formally ending the war.17841781–178817851786 September 11–14Articles of Confederation period17861786 August–DecemberAnnapolis ConventionShays’s Rebellion17871787 MayConstitutional Convention convenes.17881788 JuneConstitution is formally approved bythe requisite number of states.1789 January–February17891787 SeptemberConvention delegates approve the Constitutionand send it to the states for ratification.1789 April 1First Congress convenes.1789 April 30First presidential and congressional elections.17901789 September 251791Congress submits the Bill of Rightsto the states for adoption.1792F i g u r e 2 . 1 Timeline of the Founding of the United States, 1774–1791George Washington is inauguratedpresident at Federal Hall in New York City.1791 December 15Bill of Rights becomes part of the Constitutionafter approval by the states.29
2.12.2social contractA philosophical device, used by Enlightenment thinkers such as Locke,Rousseau, and Harrington, to suggestthat governments are only legitimateif they are created by a voluntary compact among the people.2.32.42.52.6Clarion Call For IndependenceAmerican leaders were reluctant at first to declare independence from Great Britain. One of the thingsthat helped change their minds was Thomas Paine’s wildly popular—it is said that a higher proportion ofAmericans read it than any other political tract in U.S. history—and incendiary pamphlet Common Sense,which mercilessly mocked the institution of monarchy and helped undermine the legitimacy of British rule.What are some modern-day examples of Paine’s pamphlet? Are influential bloggers or tweeters goodexamples? they are endowed by their Creator with certain unalienable Rights, that among theseare Life, Liberty, and the Pursuit of Happiness.”People create government to protect these rights. “That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of thegoverned.”If government fails to protect people’s rights or itself becomes a threat to them,people can withdraw their consent from that government and form a new one,that is, void the existing social contract and agree to a new one. “That wheneverany Form of Government becomes destructive of these ends, it is the Right of the Peopleto alter or to abolish it, and to institute new Government, laying its foundation on suchprinciples, and organizing its powers in such form, as to them shall seem most likely toeffect their Safety and Happiness.” Important Omissions in the Declaration30The Declaration of Independence carefully avoided several controversial subjects, including what to do about slavery. Jefferson’s initial draft denounced the Crown forviolating human rights by “captivating and carrying Africans into slavery,” but thiswas considered too controversial and was dropped from subsequent versions. The contradiction between the institution of slavery and the Declaration’s sweeping claimsfor self-government, “unalienable” individual rights, and equality (“all men are created equal”) was obvious to many observers at the time and is glaringly apparent tous today. The Declaration was also silent about the political status of women and theinalienable rights of Native Americans (referred to in the Declaration as “mercilessIndian savages”) and African Americans, even those who were not slaves. Indeed, it
is safe to assume that neither Jefferson, the main author of the Declaration, nor theother signers of the document had women, Native Americans, free blacks, or slaves inmind when they were fomenting revolution and calling for a different kind of politicalsociety. Interestingly, free blacks and women would go on to play important roles inwaging the Revolutionary War against Britain.9The Articles of Confederation:The First Constitution2.2Describe the governmental system established by our first constitutionhe leaders of the American Revolution almost certainly did not envision the creation of a single, unified nation. At most, they had in minda loose confederation among the states. This should not be surprising.Most Americans in the late eighteenth century believed that a government based on popular consent and committed to the protection of individual rightswas possible only in small, homogeneous republics, where government was close to thepeople and where fundamental conflicts of interest among the people did not exist.Given the great geographic expanse of the colonies, as well as their varied ways of lifeand economic interests, the formation of a single unified republic seemed unworkable.TconfederationA loose association of states or territorial units without any or much powerin a central authority.constitution2.12.2The basic framework of law for a nation that prescribes how governmentis to be organized, how decisions areto be made, and what powers and responsibilities government shall have.2.3Articles of Confederation2.4The first constitution of the UnitedStates, adopted during the last stagesof the Revolutionary War, createda system of government with mostpower lodged in the states and little inthe central government.2.52.6 Provisions of the ArticlesOur first written constitution—a document specifying the basic organization, powers, and limits of government—passed by the Second Continental Congress in themidst of the Revolutionary War in 1777 (although it was not ratified by the requisitenumber of states until 1781), created a nation that was hardly a nation at all. TheArticles of Confederation created in law what had existed in practice from the timeof the Declaration of Independence: a loose confederation of independent states withlittle power in the central government, much like the United Nations today. Under theArticles, most important decisions were made in state legislatures.The Articles provided for a central government of sorts, but it had few responsibilities and virtually no power. It could make war or peace, but it had no power tolevy taxes (even customs duties) to pursue either goal. It could not regulate commerceamong the states, nor could it deny the states the right to collect customs duties. Ithad no independent chief executive to ensure that the laws passed by Congress wouldbe enforced, nor had it a national court system to settle disputes between the states.There were no means to provide a sound national money system. The rule requiringthat all national laws be approved by 9 of the 13 states, with each state having one votein Congress, made lawmaking almost impossible. And, defects in the new constitution were difficult to remedy because amending the Articles required the unanimousapproval of the states. Shortcomings of the ArticlesThe Articles of Confederation did what most of its authors intended: to preserve thepower, independence, and sovereignty of the states and ensure that the
chapter is about the constitutional design of the American government, why the framers fashioned the sort of constitution they did, how the Constitution shapes political life and government actions in the United States, and how the meaning of the Constitution has changed over the years.
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