The Constitution

Wilson Chapter 2

Mr. Cambou - AP Government

Objectives

1. Explain the notion of “higher law” by which the colonists felt they were entitled to certain “natural rights.” List these rights.

2. Compare the basis on which the colonists felt the government could be legitimate.

3. List and discuss the shortcomings of government under the Articles of Confederation.

4. Compare and contrast the Virginia and New Jersey Plans and show how they led to the “great Compromise.”

Objectives Continued

5. Explain why separation of powers and federalism became key parts of the Constitution.

6. Explain why a bill of rights was not initially included in the Constitution and why it was added.

7. List and explain the two major types of constitutional reform advocated today, along with specific reform measures.

Pathway to Revolution

1. What were the colonists interested in protecting?• Liberty (specifically: independent judiciary, trade

without restrictions, no taxation without representation)

2. Could the Colonists achieve this without seeking independence?

3. What flaw did the colonists see with the British Constitution?

• Not a single written document; inadequate checks on power

The Problem with Liberty

1. How did the colonists view British politics?2. What were the “natural rights” colonists felt

they were being denied?• Life• Liberty • Property

3. How was this a war over ideology and not economics?

• Rights were unalienable- based on nature or Providence

The Problem with Liberty

1. What was the “real revolution?”• New vision of what could make political authority

legitimate and personal liberties secure.• What did legitimate government require?

- Consent of the Governed- Power granted directly from a written constitution- Protection of Human liberty: pre-dates our government

From Declaration to Constitution

1. How would we characterize the era from 1776-1787?

a. Long, difficult war

b. Limited funds

c. British presence still felt

d. Chaotic and unstable

Articles of Confederation

1. 1781- League of Friendship2. What were the basic structures and principles?

• Could not levy taxes or regulate commerce• Maintained state sovereignty• One vote per state (delegates paid by state leg)• 9/13 votes required to pass measures• Power to make peace• Could coin money• No national judiciary• 13 votes to amend Articles

3. So, why did this system fail?

Weakness of the Articles

1. No power to tax

2. No chief executive

3. No National Judiciary

4. No power to regulate interstate or foreign commerce

5. No national currency

Need for Change

1. Annapolis 1786- Convention to improve articles

2. Shay’s Rebellion• Ex-Revolutionary War soldiers facing high debts and

taxes: Prevented courts in Mass from sitting• Requests for government troops were denied -

Couldn’t raise the funds• Volunteer army dispersed the rebellion

3. How did this change opinions on the need for a new government?

The Framers

1. Well-read (Locke), well-bred, well-fed and well-wed

2. Madison: Father of the Constitution (leadership and strong notes)

3. Washington: Presiding officer

4. Franklin: Statesman

5. Gouverneur Morris: final wording of the Document

6. Hamilton: advocate for strong central government

The Framers

• Beard: Constitution written by propertied class and reflected those interests• But- Many people owned property or felt the desire to protect

property

• Areas of Agreements in the Delegation• Scrap the Articles (stronger central government)• Establish a Republican government• Establish constitutional government• Balance in government (no single interest dominates)• Suffrage for property owners only• Protecting property rights = main purpose of gov.• Keep the proceedings secret

Influences on the Framers

1. Magna Carta (1215):• Established rights and liberties for “all free men”

• Limits on the power of the King

2. English Bill of Rights (1689):• Need for consent of Parliament

3. Locke (1689):• Government based upon Natural Law = legitimate

• Consent of the governed

4. Montesquieu:• Liberty relies on separation of powers

The Challenge

1. The Virginia Plan• Set the agenda that a whole new national government

would be debated• 3 branches in a strong national union• Bicameral legislature : 1 selected by the people; 1

selected by the legislature• Legislature was the true power

The Challenge Continued

2. The New Jersey Plan• Feared domination of government by legislature

based upon population• Amend the Articles, not replace them• All states would have one vote in the legislature

Why was the Jersey plan not the dominant focus of debate?

A Bundle of Compromises

1. The Great Compromise (or Connecticut Compromise)• House with membership determined by pop.• Senate with 2 members per state• Still didn’t satisfy delegates - passed by slim margin

2. President elected by the electoral college (4 year term) - why were these issues so important?

3. Confirmation of the justices

4. What about Slavery?

Slavery- The great Silence

1. Northern states wanted slaves counted for taxation, but not representation

2. 3/5 Compromise - 3/5 would count for taxation and representation (= representation among N and S)

The Constitution and Democracy

1. Why didn’t the Framers go for a pure democracy?

2. What is the difference between a pure democracy and republic?

3. Where did the people have influence in the new government, where did they not?

4. How was the power of the popular majority limited?• Voting

• Judicial review: Established by Marbury v. Madison 1803

• Amendment process (know this process!!!!)

Key Principles

1. Separation of Powers2. Checks and Balances within the national govt.

- intentionally build inefficiency to prevent govt. abuse of power- Examples: veto, veto override, appointments, treaty

3. Federalism - separate powers among states and national government (seen specifically in amendment process - How?)

What led the Framers to adopt these principles?- Human Nature and seeking of self-interests- Factions would compete and prevent a single group from dominating

Some more on Checks and balances

Do the following strengthen or weaken checks and balances?

1. Parties

2. Changes in voting methods (selection of prez, senate)

3. Growth of federal Bureaucracy

4. Changes in technology

5. Emergence of US as a world power post WWII

Federalists vs Antifederalists

1. Federalists (pro Constitution = Nationalists)• Needed ratification from 9 state ratifying

conventions• Property owners, creditors, merchants• Hamilton, Madison, Washington and John Jay• Elites are most fit to govern

2. Antifederalists (anti-constitution = Pro States)• Liberty only in a small republic• New government is too distant from the people• If strong national government, then more restrictions

Madison’s Response

Jay, Hamilton and Madison wrote the Federalist Papers to rally support for Constitution

) Federalist 10 - argument against factions) Federalist 51- separation of powers will allow for internal control

on the power of the gov. More moderate coalitions

Was he correct?

Advantages of Federalists:) Better represented in state legislature) Controlled the press) Began ratification process quickly before opposition could

organize.

To Bill or not to Bill?

Why wasn’t there a Bill of Rights originally?

What were some of the rights protected by the Constitution?- Habeas corpus- No Bill of attainder- No Ex post facto

Why did we end up with a Bill of Rights?

Modern Views

1. Reducing the Separation of powers- Why? What would this do to our government? Who would

benefit?

2. Make the system less democratic-What do they suggest?

3. Informal changes to the Constitution- Acts of Congress- Elastic Clause- Judicial Rulings (Brown v. Board of Ed)- Presidential Actions- Customs and Traditions ( legislative veto, nominating conventions)- Why is this method preferred to the formal method?