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Goal of Am. Revolution was liberty Colonists lacked rights as Britishsubjects

English Constitution lacked legitimacyAfter French and Indian War:taxation without representation

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Montesquieu (1689-1755), The Spirit of Laws Hobbes (1588-1679), The Leviathan

Locke (1632-1704), Second Treatise ofGovernment

Rousseau (1712-1778), The Social Contract

Thomas Paine (1737-1809), Common Sense

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No more divine right - elimination of royalprerogative

EVERYONE is equal

self-evident

MAJOR SCHISM

DOCUMENT

Philosophical basis

Grievances

State of Separation

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Based upon Lockes conception of individual rights life, liberty, right to own property government as a social contract to protect

individual rights Outlines basic political philosophy of the new

republic

Justifies rebellion against Britain

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Original plan for government (1stConstitution of US)Authority laid with states

Congress of the Confederation States had central authority over

direction of country

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Article II Each state retains its sovereignty, freedom, andindependence.Govt has 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

*Leads to Constitutional Convention and complete

restructuring of American Government

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Anti-Federalists Desired STRONGER state governments and WEAKER

national government Keep government in check maintain individual rights Felt Americans were good, virtuous, and will

participate Federalist

Desired a STRONGER national government andWEAKER state governments

Already included: Ex post facto No bill of attainder Habeas corpus

Felt Americans were good, but incompetent and willruin country

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The Federalist Papers: Madison, Hamilton, Jay

Anti-federalist concerns:

constitution too aristocratic

large republic not feasible possible tyranny of national government

no specific protection of rights

Madison promises the Bill of Rights afterratification

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First ten amendments to the federalconstitution:

Restrain the national government from

tampering with fundamental rights andcivil liberties

Emphasize the limited character of the

national governments power

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1787 Framers needed to centralize power Bridge between theory and reality

Divides the national government into threebranches

Describes the powers of those branches andtheir connections

Outlines the interaction between the governmentand the governed

Describes the relationship between the nationalgovernment and the states

Is the supreme law of the land

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HOUSE OF REPRESENTATIVES Representation in the House of

Representatives would be apportionedaccording to the population of each state

(initially consisting of 56 members) Revenue-raising acts would originate in the

House

SENATE

Each state would be represented equally inthe Senate (2 each) Senators would be selected by their state

legislatures, not by direct popular election

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Popular Sovereignty power to govern belongsto the people, govt based on the consent ofgoverned

Separation of Powers division of govtbetween branches: executive, legislative and

judicial Checks and Balances a system where

branches have some authority over others

Limited Government govt is not all-powerful,

and it does only what citizens allow Federalism division of power between central

government and individual states

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Madison addressed biggest fear of govt

Faction

a group in a legislature or political party actingtogether in pursuit of some special interest (thinkfraction , 1/3, etc)

Founding fathers were concerned that our governmentwould be ripped apart

Separation of Powers check the growth of tyranny

Each branch of government keeps the other two fromgaining too much power

A republic guards against irresponsible directdemocracy or common passions

Factions will always exist, but must be managed to notsevere from the system.