{ Ch. 02 The Constitution

Written by Thomas Jefferson Inspired by John Locke D of I opens with Jefferson invoking Locke philosophy… “Life,

liberty, pursuit of happiness” Jefferson continues by listing grievances against George III for

violating inalienable rights Declares US independence

Declaration of Independence

British Colonial Rule

Powerful British Government

Political Subunits (Colonies)

Unitary System – all power flows from one central government

Political Subunits (Colonies)

Political Subunits (Colonies)

Articles of Confederation1781 – 1789 – RIP

Confederate System – power concentrated in political subunits (states) with a weak central government (typically unite for a common goal)

StateStateState

Central Government

HEFTYHEFTY

Wimpy,Wimply.

Constitution

Central US government

State governments

Federal System – powers are divided and/or shared between state and central governments (Current gov’t designed by framers)

1781-1789 Original American government

system Weak central government

Individual and state liberties not threatened

No executive (they hated kings)

Confederacies are usually unstable

Articles of Confederation

Article II – “Each state retains its sovereignty, freedom, and independence.”Central government had no control!!!!!!!

Unicameral Congress (one house) with one vote per state. Supermajority (9 of 13) to pass a law Supermajority (13 of 13) to amend

No Executive (No President), no central authority.

No Federal Judiciary (No Supreme Court), no central law.

No control of taxation, commerce between states or with foreign nations, money system. (Basically it asked for charity!!!!)

A of C – Weaknesses

Colonies were in debt after the war, central government tried to raise taxes

Farmers in western Massachusetts rebelled against taxes they could not afford

Rebelled against foreclosures, forced judges out of court, freed debtors from jail

Showed that national government was weak, needed to seek a stronger national government.

Shays’s Rebellion

1787 Revising the A of C Demographics of Delegates

-55 delegates (none from RI)-33 Lawyers-half were college graduates-7 former governors-7 plantation owners-8 business leaders-age 26-81 (avg. age 42)-all male, all white

The Constitutional Convention

Favored large states Strong central government Bicameral (two house) legislature – larger house elected

by the people (House of Representatives, and a smaller house that was selected by larger house (Senate) (This would change in the 17th Amendment)

Virginia Plan

New Jersey Plan Agreed with strong central government…BUT Congress would be unicameral (one house) with

states having equal votes Did not want large population states to dominate

the legislature

New Jersey Plan

A bicameral legislature in which the House of Representatives membership apportioned according to the state populations, plus 3/5 the slave population

An upper house, the Senate, which would have two members from each state, elected by the state legislature (popularly elected today)

Great Compromise (Connecticut)

Agree to allow the South to count 3/5 the population in each state to balance the power of North and South

Three-fifths Compromise

Popular Sovereignty – power to govern belongs to the people. A government based on the consent of governed.

Separation of Powers – division of government divided by branches: executive, legislative and judicial.

Checks and Balances – a system where branches have some authority over others.

Limited Government – government is not all-powerful, and it does only what citizens allow.

Federalism – division of power between central government and individual states.

Madisonian Principles of Government in the Constitution

Prevents an all-powerful ruling body1. Legislature – passes law (Congress)2. Executive – enforces law (President)3. Judiciary – interprets law (Supreme Court)

Separation of Powers

Meant to be difficult Require action from national and state gov Amendment proposed by 2/3 vote in each

house of Congress and ratified (accepted) in at least ¾ of state legislatures

Amending the Constitution

Ratification – formal approval

Federalist – in favor of adoption of US Constitution creating a federal union and strong central government

Anti-Federalist – opposed to ratification in 1787, opposed to strong central government

Fed vs. Anti-Fed

Annoyingly hard to read Best political theory ever

written in United States. Written by Alexander

Hamilton, James Madison, and John Jay

Publius Convince public for

ratification

Federalist Papers

Madison addresses biggest fear of government.

Faction – a group in a legislature or political party acting together in pursuit of some special interest (think fraction – ½, 1/3, etc)

Founding fathers were concerned that our government would be ripped apart

Madison defends our national Constitution

Federalist #10

Separation of Powers check the growth of tyranny

Each branch of government keeps the other two from gaining too much power

A republic guards against irresponsible direct democracy or “common passions”

Factions will always exist, but must be managed to not severe from the system.

Federalist #10

Central government would threaten liberty Aristocratic tyranny could happen Demanded a guarantee of individual rights and liberty States power was too limited

Anti-Fed Response

10 amendments to the Constitution guaranteed individual freedoms and rights limited power of national government,

guaranteed rights to states Ratified in 1789, Bill of Rights added 1791

Bill of Rights