CHAPTER 2

THE CONSTITUTION

I. ORIGINS OF THE CONSTITUTION: THE PROBLEM OF LIBERTY

A. English heritage concept of limited government Magna Carta (1215) English Bill of Rights (1689) John Locke’s Second Treatise of Civil

Government (1689)

I. ORIGINS OF THE CONSTITUTION: THE PROBLEM OF LIBERTY

B. Colonial Experience inadequacy of the British constitution

Stamp Act (1765) virtual vs. direct representation

belief in higher law of natural right

I. ORIGINS OF THE CONSTITUTION: THE PROBLEM OF LIBERTY

Declaration of Independence defined American political culture and the

reason for the rebellion preservation of natural rights:

“all men are created equal” “life, liberty, and the pursuit of happiness” government by the consent of the governed right of the people to “alter or abolish”

I. ORIGINS OF THE CONSTITUTION: THE PROBLEM OF LIBERTY

C. The Real Revolution what is legitimate authority? what is the best way to protect liberty? Was the Revolution Conservative or Radical?

I. ORIGINS OF THE CONSTITUTION: THE PROBLEM OF LIBERTY

D. Failure of the Articles of Confederation Ratification (1781) Structure Weaknesses Shays’ Rebellion (1786)

II. THE CONSTITUTIONAL CONVENTION

“Let it stand as a principle that government originates from the people; but let the people be

taught that they are not able to govern themselves.”

II. THE CONSTITUTIONAL CONVENTION

A. The Lessons of Experience state constitutions Shay’s Rebellion

B. The Framers Who came? Who did not come? intent to write and entirely new constitution Lockean influence Dilemma: Freedom vs. Democracy

II. THE CONSTITUTIONAL CONVENTION

B. Representation Issue The Virginia Plan

executive, judicial, and legislative branches bicameral legislature

different election schemes legislative veto of state laws

The New Jersey Plan amend the Articles

Great Compromise (“Connecticut Compromise”) Bicameral Legislature Benjamin Franklin and Roger Sherman

III. THE CONSTITUTION AND DEMOCRACY

A. Founders did not intend to create a pure democracy

logistics “excesses of democracy”

B. Limits placed on popular rule state legislators elect Senators electors choose the president two kinds of majorities: votes and states amendment process

III. THE CONSTITUTION AND DEMOCRACY

C. Key Principles separation of powers Federalism

concurrent powers enumerated powers reserved powers

III. THE CONSTITUTION AND DEMOCRACY

D. Government and human nature Aristotelian view Madisonian view

Order vs. Freedom Federalism (divided sovereignty) Limit direct democracy Separation of powers Checks and Balances Constitutional Republic

III. THE CONSTITUTION AND DEMOCRACY

E. The Constitution and Liberty Pre-Bill of Rights

State ratifying conventions Specific constitutional protections

Writ of Habeas Corpus Ex Post Facto Laws Bills of attainder Right to Jury

III. THE CONSTITUTION AND DEMOCRACY

E. The Constitution and Liberty (cont.) Bill of Rights (Ratified 1791)

Civil Rights: 1st

speech religion press assembly/petition

Rights of the Accused: 4,5,6,7,8 search and seizure jury trial self-incrimination double jeopardy

III. THE CONSTITUTION AND DEMOCRACY

F. Ratification Article VII Ratification procedure Ratification Conventions

III. THE CONSTITUTION AND DEMOCRACY

Federalist View fear the “excesses of democracy” government by the peoples’ consent

republican model (representation) decentralization of power

federalism (divided sovereignty) separation of powers checks and balances

constitutional protections for individual liberty Federalist Societies Federalist Papers (Madison, Hamilton, Jay)

III. THE CONSTITUTION AND DEMOCRACY

Antifederalist View fear of concentrated central power questioned legality of the Constitution excessive taxing authority at the national level supremacy clause: domination of the states Evolve into a dictatorship or monarchy Favors aristocracy over the common people: Lacks a Bill of Rights

III. THE CONSTITUTION AND DEMOCRACY

G. Why was there a need for a Bill of Rights? Ratification Leadership promises State constitutions

III. THE CONSTITUTION AND DEMOCRACY

H. The Issue of Slavery dilemma of ratification

3/5 Compromise slavery gag rule fugitive slave provisions

legacy

V. MOTIVES OF THE FRAMERS

A. mixture of economic interests Beard interpretation class divisions state vs. personal interests

B. Ratification and economic interests who supported ratification? why? who opposed ratification? why?

V. MOTIVES OF THE FRAMERS

C. The Constitution and Equality Critics

bows to special interests fosters economic equality liberty and equality are in conflict

VI. THE CONSTITUTION AND EVOLVING DEMOCRACY

A. The Living Document The Amendment Process: Article V Proposal:

2/3 vote in Congress National Convention called by 2/3 states

Ratification:-- 3/4 states in state legislatures--3/4 states in special conventions

Informal Changes

VI. THE CONSTITUTION AND EVOLVING DEMOCRACY

B. Constitutional Amendments 13-15: race 17: direct election of Senate 19: women 23: voting rights for Washington,D.C. 24: outlaws poll taxes 26: 18 year olds vote

VI. THE CONSTITUTION AND EVOLVING DEMOCRACY

C. Modern Reform Ideas

1. Reducing separation of powers to enhance national leadership

2. Making the system less democratic