The Revolutionary Ideas

Constitutional Underpinnings #1

Pre-Revolutionary Society

The Elite Members

Had the most economic and political power in the colonies.

New England Merchants Southern Planters Royal Office Holders

Pre-Revolutionary Society

The Lower Classes

Although not politically or economically powerful they were the majority of the society.

Artisans and Shop Keepers Small Farmers

British TaxationAs the British Empire expanded they needed more revenue to strengthen their

treasury. They looked to the American Colonies, and their relative prosperity for those revenues.

Economic IssuesHowever the taxes levied on the Colonists actually impacted the “elite” more than the lower classes. (i.e. The Stamp Act)

Ideological IssuesQuestions of the legitimacy of the British

Crown to tax the colonists without representation.

ResultThe Pre-Revolutionary Society structure broke down.

Elites no longer supported the Royal Office Holders splitting those with Political Power from those who had Economic Power.

The Real Revolution

The War itself was not the revolution. The revolution was the change in the idea of what made government legitimate and

what the purpose of government was.

BEFORE AFTER

The Real Revolution

Intellectual Source

• John Locke’s Two Treatises of Government• Man has “natural rights” not granted by Government

• Life, Liberty, Property• Government must be limited so as to protect liberty• Government can only rule by the consent of the people• Government that does not respect these rights is illegitimate and can be replaced.

Locke, Jefferson, and The Declaration of IndependenceThe Declaration of Independence is a lawyer’s brief. An argument about the legality

of the separation from Great Britain

First 1/3The Opening Argument

Jefferson establishes the “Social Contract”- “are, endowed by their CREATOR, with certain unalienable rights…among those the right to life, liberty, pursuit of happiness” (natural

law)- “ Governments are instituted among Men, deriving their just Powers

from the Consent of the Governed” (legitimacy)- “that whenever any Form of Government becomes destructive of

these Ends, it is the Right of the People to alter or to abolish it, and to institute new Government” (right to revolt)

Second 1/3The Evidence

Jefferson shows how Britain violated the Social Contract- “HE has dissolved Representative Houses repeatedly, for opposing with manly

Firmness his Invasions on the Rights of the People.”- “HE has made Judges dependent on his Will alone, for the Tenure of their Offices,

and the Amount and Payment of their Salaries.”- “HE has kept among us, in Times of Peace, Standing Armies, without the Consent of

our Legislatures.”- “FOR imposing Taxes on us without our Consent”

- All in all 27 paragraphs of “evidence.” Instances where the British Government violates the social contract.

Last 1/3Closing Statement

Jefferson wraps up the argument and issues his remedy- “IN every Stage of these Oppressions we have Petitioned for Redress in the most humble

Terms: Our repeated Petitions have been answered only by repeated Injury.”- “WE, therefore, the Representatives of the UNITED STATES OF AMERICA, in GENERAL

CONGRESS Assembled, appealing to the Supreme Judge of the World for the Rectitude of our Intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly

Publish and Declare, That these United Colonies are, and of Right ought to be, FREE AND INDEPENDENT STATES; that they are absolved from all Allegiance to the British Crown, and

that all political Connexion between them and the State of Great-Britain, is, and ought to be, totally dissolved; and that as FREE AND INDEPENDENT STATES, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and

Things which INDEPENDENT STATES may of Right do.”

Articles of Confederation

Confederation: A government made up of independent bodies (states) where the power lies in those bodies, and not in the whole

Reason: The unitary government of the British did not secure the liberty of the people, power must be put in smaller units to ensure liberty.

Result?: An absolute cluster…. mess

Weaknesses of the Articles

• Could not levy taxes• Could not regulate commerce• Each state got one vote regardless of population• Any measure had to be passed by 9 out of the 13 states• Congress coined very little money• Army was dependent on state militias• No way to solve territorial disputes• No national judicial system• To amend the Articles required unanimous consent of all

13 states

Impact of the ArticlesTaxation Between States Border Wars Shays Rebellion

The “Counter-Revolution”

The first revolution was the break from Britain and the shift from a unitary form of government to a confederation.

HOWEVER…

The Confederation was too weak to protect the liberty & security of the people…

While the unitary government was too powerful and trampled on liberty…

The “Counter Revolution”

The second revolution took place during the Constitutional Convention. Although the

delegates were charged with revising the Articles of Confederation it became apparent that details didn’t matter. The problem was the system it was based on. The question the founders faced was…

“How do you create a government strong enough to protect people but not strong enough to

endanger liberty?”

The Constitutional ConvetionImportant to recognize that not all founding

fathers had the same view points.Jeffersonians HamiltoniansMadisonians

• Liberty best protected in small republics

• States should hold most power

• A nation of small farmers• Didn’t fear Rebellion

• Government needs to be strong enough to protect

property• National government

should be supreme• A nation of commerce

and trade• Feared Rebellion

• How do we do both?

The Structure of the New Government

The Virginia Plan• Strong National Government Consisting of Three Branches• Legislative Branch (Making Laws)• Two Houses In the Legislature• Lower House would be directly elected by people, with states getting a

number of representatives proportional to population• Upper House selected by state legislatures, with states getting a

number of representatives proportional to population• Executive Branch (Enforce Laws)• Executive elected by the Legislative Branch

• Judicial Branch (Interpret Laws)• Council Of Revision (Made up of Executive and Some Judiciary Members)• Power to Veto Laws

The Structure of the New Government

The New Jersey Plan• National Government Consisting of Three Branches• Legislative Branch (Making Laws)• The Houses would consist of an equal number of members per state

The issue wasn’t a “structural” one, but a political one. Most delegates agreed that the Virginia Plan made “sense” from a democratic stand point. What the delegates from the small states wondered was how they could sell it the idea. How can they get their citizens behind an idea that greatly weakened their power and influence from the Articles of Confederation?

The Structure of the New Government

The Connecticut Compromise• Legislative Branch• Would still be organized into two houses• The Lower House (House of Representatives)• Representation would be based on population of the

state (Virginia)• Given the power to tax• Elected directly by the people

• The Upper House (Senate)• Representation would be equal per state (New Jersey)• Given the power to confirm Presidential appointments• Elected by State Legislatures (later changed by 17th

Amendment)

Constitutional Compromises

Weaknesses of the Articles• Could not levy taxes

(Constitution gives power to Federal Government)

• Could not regulate commerce(Commerce Compromise)

• Each state got one vote regardless of population(The Connecticut Compromise creates the House of Representatives)

• Any measure had to be passed by 9 out of the 13 states(Simple majority of both Houses of Congress)

• Congress coined very little money(Federal Government given sole power to do so)

• Army was dependent on state militias(Congress in charge of raising army)

• No way to solve territorial disputes(Congress sets state borders)

• No national judicial system(Federal Court system established)

• To amend the Articles required unanimous consent of all 13 states(Amendment process now only requires a super majority but not unanimous consent)

Key Elements of Constitution

• Separation of Powers• Federalism• “Popular” Rule without being “Democratic”• “Madisonian” Principles– Rejection of Aristotle’s View that Government

should instill virtue. A government that could do that would be too powerful

– How to create a government run by people who follow their own self-interest?