Political Philosophy Leading to the U.S. Constitution.

Political Philosophy Leading to the U.S. Constitution

Ancient Greek Origins

Plato’s Republic

• Examines justice (for both the individual and for the city)– People are NOT all equal

• Three levels of individuals:– Philosophers (Gold)– Guardians (Silver)– Masses (Bronze)

Ancient Greek Origins

Aristotle - The Politics

• "From these things it is evident, that the city belongs among the things that exist by nature, and that man is by nature a political animal”

– The formation of cities is natural

– Man is by his own nature a political being

Political Philosophy Leading to the U.S. Constitution

• Social Contract Theorists:– Thomas Hobbes: The Leviathan (1651)– John Locke: 2nd Treatise on Gov’t (1681)– Jean-Jacques Rousseau: Social Contract

(1763)

• Three fundamental ideals:– Natural rights– Classical Republicanism– Constitutionalism

Social Contract Theory

• A social contract is an act by which individuals agree to form a government

• According to social contract theory, governments are established by the people who combine to achieve some goal

• Thomas Hobbes, John Locke, and Jean-Jacques Rousseau were social contract theorists

• They hypothesized the existence of a state of nature prior to any government

Hobbes’ Leviathan

• Life is nasty, brutish, and short

• State of nature is war

• For Hobbes, civil war was the ultimate terror, the definition of fear itself. He thus wanted to reform philosophy in order to reform the nation and thereby vanquish fear.

• Security is most important

Hobbes’ Leviathan

• Civil peace and social unity are best achieved by the establishment of a commonwealth through social contract

• Ideal commonwealth is ruled by a sovereign power responsible for protecting the security of the commonwealth and granted absolute authority to ensure the common defense.

Hobbes’ Leviathan

• Describes commonwealth as an "artificial person" and as a body politic that mimics the human body– The frontispiece to the first edition of Leviathan, which

Hobbes helped design, portrays the commonwealth as a gigantic human form built out of the bodies of its citizens, the sovereign as its head

– The image constitutes the definitive metaphor for Hobbes's perfect government

– His text attempts to prove the necessity of the Leviathan for preserving peace and preventing civil war

Locke: Second Treatise on Gov’t

• Governing principle: liberty• Places sovereignty in hands of the people• People are equal and invested with natural

rights in a state of nature in which they live free from outside rule

• Natural law governs behavior, and each person has license to execute that law against someone who wrongs them by infringing on their rights– This person puts himself in state of war with you


• People take what they need from the earth, but hoard just enough to cover their needs

• Eventually, people begin to trade their excess goods with each other, until they develop a common currency for barter, or money

• Money eliminates limits on the amount of property they can obtain (unlike food, money does not spoil), and they begin to gather estates around themselves and their families.


• People exchange some of their natural rights to enter into society with other people, and be protected by common laws and a common executive power to enforce the laws

• People need executive power to protect their property and defend their liberty

• The civil state has power over the people only insofar as it exists to protect and preserve their welfare


• Locke describes a state with a separate judicial, legislative, and executive branch--the legislative branch being the most important of the three, since it determines the laws that govern civil society

• People have the right to dissolve their government, if that government ceases to work solely in their best interest. The government has no sovereignty of its own--it exists to serve the people

Locke - Why enter social contract?

• "If man in the state of nature be so free as has been said, if he be absolute lord of his own person and possessions, equal to the greatest and subject to nobody, why will he part with his freedom, this empire, and subject himself to the dominion and control of any other power? To which it is obvious to answer, that though in the state of nature he hath such a right, yet the enjoyment of it is very uncertain and constantly exposed to the invasion of others; for all being kings as much as he, every man his equal, and the greater part no strict observers of equity and justice, the enjoyment of the property he has in this state is very unsafe, very insecure."

Locke: Summary

• Locke's model consists of a civil state• Built upon the natural rights common to a people

who need and welcome an executive power to protect their property and liberties

• Government exists for the people's benefit and can be replaced or overthrown if it ceases to function toward that primary end

• Consent of the governed – enter into social contract to protect property and ensure liberty

In The Spirit of Laws, Montesquieu added the judiciary to Locke's executive and legislature. He admired the English system, and wrote of the separation of powers.

Montesquieu wrote of the three forms of government he recognized: "republican, monarchial, and despotic."

Montesquieu wrote that in a republic, education is an absolute necessity. He noted the point of education in the three forms: "in monarchies they will have honor for their object; in republics, virtue; in despotic governments, fear." He felt that democracies are corrupted, and devolve to despotism or monarchy, when the feeling of equality and fairness evaporate. In this way, a fair and objective judiciary is essential to the health of a democracy.

Rousseau: Social Contract• “Man is born free, yet he is everywhere in chains”• “Will of all” vs. “General will”

– The general will can never err, as it is always aimed at the public good

– The will of all is an aggregate of individual self-interest (tyranny is possible)

• Purpose of political community = create a society where everyone chooses the laws that govern them – “Men must be forced to be free”– By nature, men are unequal– Making everyone a citizen in society makes them

equal under the law

Natural Rights Philosophy

VsClassical Republicanism

We The People Unit 2

What are the main attributes of both views?


• Individual rights• Popular sovereignty/

government by consent

• Limited government• Human Equality

Classical Republicanism

• Small uniform communities

• Citizen and civic virture

• Moral education

Compare and Contrast the NR and CR views

Compare


1. Stressed the rights of the individual to life, liberty and property


1. Stressed promoting the common good above the rights of the individual


2. Stressed that human nature is such that individual behavior is motivated by self interest


2. Stressed that individuals should be motivated by civic virtue.

Natural Rights Philosophy3. Stressed that society

is a collection of individuals, each sharing the same right to pursue his or her own freedom.

(Self Interest, pursuing opportunities)


3. Limited individual rights to privacy, belief, expression and opportunities to read, think, and earn money. (If people had freedom to do such things , they might stop being reliable and fully dedicated to the common good. (Putting community interest ahead of individual interest)

Natural Rights Philosophy4. Stressed that people’s

opportunities should not be limited by the situation or group into which they were born.


4. Discouraged diversity of beliefs, wealth, and ways of life. Stressed small communities where people know and care for each other. Discouraged citizens from traveling , earning money, and reading and thinking about things that had nothing to do with their government,

Natural Rights Philosophy5. Stressed that the main

purpose of government should be to protect natural rights. The state existed to serve the interest of the individual.


5. Stressed avoiding the formation of factions or interest groups that might endanger

What is the primary goal of humans living together?


• Ensure protection of life, liberty and property


• Promote the common good, exercise civic virtue, achieve human “excellence”

What ought to motivate human behavior?


• Self-interest, pursuing opportunities

Classical Republicanism• Putting community

interest ahead of individual interest

What is the relationship between the public sphere and private

sphereNatural Rights Philosophy• Public sphere a

collection of private individuals and interests; no limits on acquisitions, Government must be limited; public sphere as small as possible

Classical Republicanism• Public sphere most

important; therefore, need to limit individual to privacy, belief, expression, and opportunities to consider thoughts and ideas incompatible with common good.

How important is participation in civic activities?


• Deciding to participate is up to the individual.

Classical Republicanism• All citizens should

participate fully in community to promote common good; civic virtue relate to office holding another contributions to well-being of the community.

The Articles of Confederation

• During the Revolution, the new United States needed a functioning government

• Modeled after colonial governments

• States would retain sovereignty

• Founders were fearful of concentrated power due to past experience with the British

A Limited Government

• Articles established a “firm league of friendship” among the states

• Bills were passed on nine of thirteen votes

• Amending the Articles took unanimous consent of the states

Structure of Government• Unicameral (single house)

legislative body• Each state had one vote

regardless of population size

• Congress given sole authority to govern the country

• An executive committee oversaw government when Congress was not in session

• Congress would establish temporary courts to hear disputes among the states

Powers Granted to Government under the Articles of

Confederation• Declare war and make peace• Make treaties with foreign countries• Establish an army and navy• Appoint high-ranking military officials• Requisition, print, and borrow money• Establish weights and measures• Hear disputes among the states related to trade or

boundaries

Powers Denied to Government

• No power to raise funds for an army or navy• No power to tax, impose tariffs, or collect duties• No executive branch to enforce laws• No power to control trade among the states• No power to force states to honor obligations• No power to regulate the value of currency

Under the Articles of Confederation, the states had most of the power while the

national government was weak.

Accomplishments of the Articles of Confederation

• Administered the seven-year war effort

• Negotiated the Treaty of Paris with Britain in 1783

• Established the Northwest Ordinance of 1787

Map of the land settled in the Northwest Ordinance of 1787

The Confederation Congress established the Northwest

Territory.

• Congress passed Land Ordinance of 1785 to raise money to pay debts.

• Ordinance provided for surveying and dividing western lands.

• Land was split into townships.

• Each township was divided into lots for sale to the public.

• Congress passed Northwest Ordinance of 1787.

• Established Northwest Territory and a system for creating new states

• Included what are now the states of Illinois, Indiana, Michigan, Ohio, Minnesota, and Wisconsin

• Required the provision of public education and banned slavery

Problems Facing the New Nation

• Trade with foreign nations

• Financing the nation

• Foreign relations

• Interstate relations

A 1783 cartoon satirizing relations between Britain and America

Problems Facing the New Nation: You Decide

• Trade with foreign nations• Financing the nation• Foreign relations• Interstate relations

Problems with Trade

• U.S. no longer the favorite trading partner of Great Britain– U.S. exports to British ports had to be on British ships– Many U.S.-produced goods were barred from British

ports– Britain sent vast amounts of cheap goods to U.S.

• Potential Remedy– Establish a tariff on British goods

• Weakness in Articles of Confederation preventing this solution

The Nationalists • By the 1780’s an influential group called “The

Nationalist” wanted to strengthen the federal government.

• The nationalist included: former military officers, congressmen, planters & lawyers.

George Washington

Benjamin Franklin James

MadisonAlexander Hamilton

The Nationalist concerns with the Articles

• The Federal Government is too weak under the Articles.

• Lack of a national court system & no economic policies = chaos

• The US Government wouldn’t command respect from other national governments.

• American citizens challenge to authority & demand of individual freedoms was getting out of hand.

The Nationalists battle cry

• “Look at what happened to Rome”…

• America must do it right “ America is the example for the rest of the world.”

Shays Rebellion.. giving the Nationalist support.The Causes:

• The wealthy loaned states $ to fight the revolution.

• After the war wealthy lenders demanded payment.

• To get payment they forced state government to raise taxes - $ to repay loans.

• In Massachusetts, the state raised taxes only to be paid in gold and silver which was more scare and valuable than paper $.

• Farmers in the West were hardest hit by the taxes & after complaining to the deaf ear of the legislature they revolted.

“this is taxation without representation”

The Farmers Drive off the tax collectors

The farmers complain to the state legislature to:

• Take back the taxes • The legislature refused• The courts seized their possessions

So the Farmers…

The Revolt

The farmers:– Drove off the tax collectors– Forced the courts to close– Rioted– Marched to the gun depot in

Springfield.

Congress was helpless

The Effects Of Shays Rebellion

Realizing they were helpless in restoring order-

• No army• No aid to the states

Congressional leaders decided to meet in Philadelphia to fix the articles and strengthen the federal government.

Shays Rebellion

http://lcweb2.loc.gov/ammem/bdsds/bdsdcap.html

Virginia Plan

•Called for a powerful central government, with three branches of government: legislative, executive, and judicial.

•Bicameral legislature with one house elected directly by people, the other chosen by nomination by state legislatures (large statesgiven more representation than smaller states)

•Legislative branch to have power to choose executive and judiciary

New Jersey Plan

•Offered by smaller states

•Strengthen Articles—not replace them

•One chamber in legislature, with each state having one vote

•Congress given power to raise revenue from duties and postal service

•Supreme Court with members appointed for life by the executive.

Large State/Small State Conflict

Representation in Congress was the issue

Large states favored representation by population

Small states preferred equal representation for all states

Connecticut Compromise

•Combined elements of Virginia and New Jersey plans.

•Representation in one house (lower chamber) to be based on population, with representatives elected directly by the people.

•Lower chamber to have power to originate all bills for raising and spending money.

•All states equally Represented in upper chamber, and representatives chosen by state legislatures.

Conflict over Slavery•Issue of ban on slavery trade•Issue of counting slaves for taxation and representation

Slavery Compromises•Importation of slaves could not be banned for twenty years•Three-Fifths Compromise settled issue of counting slaves for representation and taxation.

Compromises Regarding Executive Branch

•Term of office set a four years, with no limit on right to be re-elected

•Electoral College devised to elected president, which was intended to be an indirect election system

•Two-step process for removing a president from office: impeachment by House, conviction by Senate.

Federalism

•An American invention—no theory or actual models to copy

•Known models were unitary government and confederal system

•Federalism was a pragmatic adaptation to the situation•Needed a stronger national government

•There were limits to the amount of power the states were willing to give up.

•Thus, the concept of dividing powers between the two levels of government emerged

Separation of Powers

•Drawn from the writings of Locke and Montesquieu (Spirit of the Laws)

•Starts from the assumption that there are three basic powers of government: legislative, executive, and judicial

•Each of the basic powers is allocated to a different branch of government (legislative to Congress, executive to President, judicial to the courts)

Checks and Balances

•Each branch is given some powers to control or limit theactions of the others

•President can veto bills passed by Congress.

•Congress controls the allocation of money to executiveagencies.

•Courts can declare actions of other two branches to beunlawful or unconstitutional.

Overview of the Constitution

•Article IV deals with potential conflicts among the states

•Article V sets forth the amending process

Article VI contains the “supremacy clause.”

What Form of Government?

•While we are inclined to call our government a democracy, the founders would not have given it that label.

•Democratic government was often equated with mob rule and the tyrannical majority.

•The founders would have called it a republic.

A Republic•When asked what form of government had been created, Benjamin Franklin replied, “A republic, if you can keep it!”

•A republic is based on consent of the governed.

•Assumes that natural leaders will emerge to guide the country.

•It relies on elections to choose leaders.

•Many indirect elections; only members of the House of Representatives were to be directly elected by the people.

The Preamble—The Introduction to the Constitution

• Two main Questions found in the Preamble:1. Why they are writing it?

(to form a more perfect union)2. What are the goals to be reached?

(establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty)

Constitution

• The Constitution is divided into1. Articles—the major divisions2. Sections---divisions of an article3. Clauses---divisions of a section

Article I---Legislative Branch• Section One—What is a Congress?

Bicameral Legislature---Two houses, a Senate and House of Representatives.• Section Two---House of Representatives• Clause One: A Representative serves a two year term.

• Clause Two---Qualifications 25 years old, 7 year citizen of the United States, resident of the state elected.

• Clause Three---Representation: 435 members; New Jersey Plan, Virginia Plan, The Great Compromise, US Census, Reapportionment leads to gerrymandering

One man – one vote (each district has to have about the same number of people) Seven states with one U.S. Representative: (North Dakota, Montana, Wyoming, Vermont, Alaska, Delaware, South Dakota)

4. Clause Four-- If a Representative dies in office the governor will issue an election to fill the vacancy

5. Clause Five--The House of Representatives will start the impeachment process. Andrew Johnson, Bill Clinton

Section 3--Senate

Clause One: Senators term is 6 years, originally Senators were chosen by state legislatures, today chosen by direct election (17th Amendment)

Clause Two: Senators terms from one state will never be up for re-election at the same time.

Clause Three: Qualifications- 30 years old, 9 year citizen of the United States, a resident of the state elected from.

Clause Four: The Vice-President of the U.S. is the President of the Senate, the president of the Senate (Cheney) only votes if there is a tie.

Clause Five -Officers of the Senate

Clause Six: Trial of Impeachments-- Senate tries impeachments (acts as a jury), House of Reps. introduces the Articles of Impeachment, House needs a majority (218) vote to bring up charges, Senate needs 2/3s majority (67) to convict.

Clause Seven: A guilty conviction on the Articles of Impeachment is removal from office.

A U.S. President cannot be pardoned if found guilty by 2/3s of the Senate (part of the checks and balance system)

Section Eight: Powers Delegated to Congress

Clause One: Congress can collect taxes for three purposes: Pay off debts, Provide defense, Provide for the common welfare.

Clause Two - Can Congress Borrow Money?

Clause Three - Can Congress regulate trade?

Clause Four—Naturalization and Bankruptcy•Jus soli - “law of land” - if you are born on US soil you are a citizen. •Jus sanguinis - “law of blood”- if one of your parents is an American citizen then you are as well

Clause Five: Congress will make money.

Clause Six: Congress will punish counterfeiters.

Clause Seven: Federal government will establish a mail service.

Clause Eight: Copyrights and Patents.

Clause Nine: Congress establishes and abolishes courts.

Clause Ten: Congress can punish for crimes committed on the water.

Clause Eleven: Only Congress can declare war.

Clause Twelve: Congress controls the power of the purse regarding the military.

Clause Thirteen: Congress can maintain a navy

Clause Fourteen: Congress establishes rules for the military

Clause Fifteen: Congress governs state militias (National Guard)

Clause Sixteen: Congress allows the states to appoint National Guard officers and train their own soldiers.

Clause Seventeen: Washington, in the District of Columbia, is a federal city under the control of Congress

18.Clause Eighteen: Necessary and Proper Clause

•Congress has the power to establish any rules they deem necessary and proper

•Elastic Clause—expands the powers of Congress

Section Nine—Powers Denied to the Federal Government

Clause One - Congress stopped the importation of slaves in 1808. Use the word “such persons” as opposed to “slaves”

Clause Two: The writ of habeas corpus may not be suspended

Clause Three: Congress cannot pass a bill of attainder (legislative act against a named person)

•Congress cannot pass an ex post facto law (after the fact)

Clause Four: Congress cannot put a direct tax on an individual

Clause Five: Congress cannot tax an export.

6. Clause Six: Import taxes must be the same at all ports.

7. Clause Seven: Congress controls the federal budget

8. Clause Eight: Titles of nobility will not be granted

Section Ten- Powers Denied to the States

Clause One - States cannot form treaties or alliances with any other states or countries, States cannot coin money.

Clause Two- States can not tax imports or exports with the consent of Congress.

Clause Three- States can not harbor troops in times of peace, states can not engage in war

Article II—Executive BranchSection One—President & Vice President

Four year terms.

35 years old, 14 year resident, natural born citizen

1st seven presidents were not natural born

1st natural born was Martin Van Buren

Youngest—Teddy Roosevelt=42

Youngest elected—John Kennedy=43

Oldest—Ronald Reagan=69

Article III—Judicial Branch

Judicial branch interprets the law (Courts)

Legislative makes the law (Congress)

Executive enforces the law (President)

Judicial powers—the power to hear cases

Federal Judges are appointed by the President and approved by the Senate

2. Clause Two - How does a case reach the Supreme Court?

SC has two kinds of jurisdiction:

a. Original—a case is first heard by the SC

b. Appellate—cases that are appealed by a lower court (Most cases come to the SC through appellate jurisdiction)

Thousands of cases are brought to the SC each year

About 75 are heard each year

Writ of Certiorari—an order from a higher court to a lower court to see the records and proceedings of a previous case

Section Three--Treason1. Clause One - What is treason?

Only crime defined in the Constitution (helping a nation’s enemies or carrying out war against your country)

2 ways of being convicted:

1. Confession in court room

2. Having two witnesses testify against you

2. Clause Two - What is the penalty for treason?

Treason can only happen during time of war

Maximum penalty is death

Espionage, Sabotage, conspiracy to overthrow the government are all similar to treason but happen during times of peace

Article IV—Relations Among the States

Full Faith and Credit

Privileges and immunities

Extradiction

Article V Methods of Amendments

1st Method - need 2/3 of Congress to PROPOSE an Amendment

2nd Method - need 2/3 of the state legislatures to ask Congress for a national convention to propose an Amendment (this method has never been used) Need 3/4 of all states to actually ratify or APPROVE an Amendment. This is done by state legislatures or a special ratifying convention. Over 4000 proposed Amendments since the early 1800s Only 27 have been ratified 1st Ten Amendments were a package deal, 18 and 21 cancel each other out, leaves 15 separate Amendments that went through the process

Article VI—General Provisions

Section One - Could the new government evade debts owed as a result of the Revolutionary War? New government can’t evade old debts

Section Two - Is the federal law the supreme law of the land?

Yes - State law cannot override a federal law

Section Three—all officers, state and federal, must take an oath to support the U.S. Constitution

Can’t have a religious requirement has part of the Oath

Article Seven--Ratification

Convention—calling of delegates from each state to ratify the Constitution

Must have nine states to approve the Constitution

Constitution was finished September 17, 1787

55 total delegates during the convention

42 were present on the final day but only

39 people signed the Constitution

The following two years provided debate for ratification

The United States Constitution took effect April 30 , 1789 when George Washington was sworn in as President

Ratification of the New Constitution

•Constitution drafted in 1787

•Continental Congress accepted it and forwarded it to the states for ratification.

•Ratified in 1788

•Went into effect in 1789.

Loosening the Rules for Ratification

•The amending process included in the Articles ofConfederation was quite difficult—all states must agree to any amendment.

•To ease the chances of ratification, the founders wrote rules for ratification into the proposed constitution that were less demanding.

•Rules contained in Article VII of the proposed constitution

•Ratification by nine of the thirteen states required for constitution to be adopted.

•Ratification to be done by state convention, instead of the state legislature.

Ratification Debate: Federalists vs. Anti-Federalists

•Federalists were supporters of the stronger governmentoutlined in the proposed constitution.

•Anti-Federalists were defenders of the powers of the states; they were fearful of creating an overly powerful central government.

Federalists Anti-FederalistsProperty owners Small FarmersLanded rich ShopkeepersMerchants of Northeast Laborers and Middle Atlantic States

Ratification Votes

Delaware, New Jersey, and Pennsylvania ratified early

New Hampshire provided the crucial ninth vote in June, 1788.

North Carolina voted to reject the new constitution in August, 1788, and did not ratify until after the Bill of Rights had been submitted to the states.

Rhode Island became the last to ratify in1790—a year after George Washington became President of the new republic

Amending the Constitution

Rules for amendment set forth in Article V

Proposals can be made by two-thirds of both Houses of Congress or by a called Convention.

Ratification by three-fourths of the states is necessary for an amendment to be accepted.

Ratification can be by state legislatures or by state conventions.

Constitutional Change by Judicial Interpretation

•Courts have the power to provide the official interpretation of the constitution

•Courts also have the power to declare actions of the other branches of government to be unconstitutional

•The use of judicial interpretation has made fewer amendments necessary

The mechanism for changing the Constitution, the amendment process, is outlined in Article V.

The Amendment Process


• There are two major steps in the amendment process. First, amendments must be proposed.


• Amendments can be proposed two ways. An amendment can be proposed by the Congress if 2/3 of the members of both Houses vote in favor of it.


• The second way is for 2/3 of the legislatures all states can call for a national convention to propose an amendment.


• Once an amendment has been proposed, it must be ratified to become "valid to all Intents and Purposes, as Part of the Constitution."

The Amendment Process• First, an

amendment can be ratified if 3/4 of the legislatures of the several states vote in support of it. 38 of the 50 states.

The Amendment Process• Congress can direct the states to establish

special ratifying conventions to consider proposed amendments. If 3/4 of these conventions approve the amendment, it is ratified and becomes part of the Constitution.


• Every amendment to the Constitution except the 21st has been ratified by voting in state legislatures.


• The 21st Amendment, which repealed the 18th, Congress instructed the states to call for ratification by convention rather than by state legislatures.


• Beginning with the 18th Amendment, Congress has established a seven year time limit on the ratification of amendments, there was no time limit set on the ratification of amendments proposed before that time.


• One of the original twelve proposed amendments was not ratified until 1992, two-hundred and three years after it was proposed by the First Congress. Upon ratification, it became the 27th Amendment to the Constitution.

The Amendment Process• Congress can direct the states to establish

special ratifying conventions to consider proposed amendments. If 3/4 of these conventions approve the amendment, it is ratified and becomes part of the Constitution.

Unsuccessful Amendments

Several suggested and even formally

proposed amendments have been

unsuccessful. These are some of the more

prominent unsuccessful amendments.

Unsuccessful Amendments

• Limitation on the Size of the House

• Equal Rights Amendment (ERA)

• Balanced Budget Amendment

• Anti-Flag Burning Amendment

• Gay Marriage Ban

• Religious Freedom Amendment

Political Philosophy Leading to the U.S. Constitution.

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Transcript of Political Philosophy Leading to the U.S. Constitution.