The FoundingThe FoundingFrank H. BrooksFrank H. Brooks

American PoliticsAmerican Politics

Summer 2006Summer 2006

Why Study History in a Political Why Study History in a Political Science Class?Science Class?

American government has old structureAmerican government has old structure Legacy: need to know "why it was" to Legacy: need to know "why it was" to

understand "what it is" understand "what it is" Vestiges: constraints posed by "outdated" Vestiges: constraints posed by "outdated"

structure structure

Political Uses of HistoryPolitical Uses of History

““History shows that….”History shows that….” Account of founding confers legitimacyAccount of founding confers legitimacy

On governmentOn government On particular policiesOn particular policies

Myth of FoundingMyth of Founding Critical possibilitiesCritical possibilities A historical account of the Founding that A historical account of the Founding that

emphasizes politicsemphasizes politics

Articles of ConfederationArticles of Confederation

First National Constitution (1777/81-1789)First National Constitution (1777/81-1789) Some accomplishmentsSome accomplishments

Won war against BritainWon war against Britain Handled territorial conflicts between statesHandled territorial conflicts between states

Significant weaknessesSignificant weaknesses Only one branch: Continental CongressOnly one branch: Continental Congress Not respected by other countriesNot respected by other countries No power to tax directly No power to tax directly States imposed tariffs on each other & foreign goodsStates imposed tariffs on each other & foreign goods States issued own currencyStates issued own currency i.e. states the center of political gravityi.e. states the center of political gravity

How did the Articles Get Replaced?How did the Articles Get Replaced?

Peaceful change, but stirred controversyPeaceful change, but stirred controversy States lost power relative to national governmentStates lost power relative to national government Who wanted the change?Who wanted the change?

Beard: Economic elites Beard: Economic elites Roche: Emerging national political eliteRoche: Emerging national political elite

How did they get it?How did they get it? Years of complaint and conventionsYears of complaint and conventions Shays’ RebellionShays’ Rebellion Philadelphia Convention (1787)Philadelphia Convention (1787)

Was the Constitutional Convention Was the Constitutional Convention Legitimate?Legitimate?

Consider political context & actions takenConsider political context & actions taken Not legitimateNot legitimate

Convention proceedings secretConvention proceedings secret Not broadly representativeNot broadly representative Overstepped authorityOverstepped authority Ratification procedure illegal under ArticlesRatification procedure illegal under Articles

LegitimateLegitimate Actions politically necessary or expedientActions politically necessary or expedient Ended up establishing stable governmentEnded up establishing stable government

What were the motives of the What were the motives of the “Founders”?“Founders”?

The Charles Beard thesisThe Charles Beard thesis motivated by own narrow economic interestsmotivated by own narrow economic interests Convention composed of economic elitesConvention composed of economic elites Wrote Constitution addressing their economic Wrote Constitution addressing their economic

grievances with the Articlesgrievances with the Articles Critique of Beard thesisCritique of Beard thesis

Diversity of interests among delegatesDiversity of interests among delegates Downplays role of ideals (political and Downplays role of ideals (political and

economic)economic)

The Politics of the FoundingThe Politics of the Founding

Who was involved? What did they want? Who was involved? What did they want? How (and when) did they get it?How (and when) did they get it?

Political Reform Caucus (John Roche)Political Reform Caucus (John Roche) Economic Economic andand politicalpolitical elites elites Focused on dealing with contemporary Focused on dealing with contemporary

problems of Articles governmentproblems of Articles government Operated by debate and compromiseOperated by debate and compromise Aware of political resources and constraintsAware of political resources and constraints

Economic Powers in the Economic Powers in the Constitution Constitution

New economic powers for New economic powers for nationalnational government central to changegovernment central to change

Federal taxationFederal taxation National monopoly on paper currencyNational monopoly on paper currency National monopoly on tariffsNational monopoly on tariffs Post offices and post roadsPost offices and post roads National army and navy (standing)National army and navy (standing) Enforce contractsEnforce contracts

Political Disputes and Political Disputes and CompromisesCompromises

Not all about economicsNot all about economics Property Qualifications for VotingProperty Qualifications for Voting

Common, strongly supportedCommon, strongly supported Dispute over amount and type of propertyDispute over amount and type of property Left voter qualifications up to statesLeft voter qualifications up to states

Connecticut (Great) CompromiseConnecticut (Great) Compromise Representation based on population (VA)Representation based on population (VA) Representation equal for each state (NJ)Representation equal for each state (NJ) Both, with bicameral legislature (CT)Both, with bicameral legislature (CT)

Disputes over SlaveryDisputes over Slavery

Why didn’t the Constitution written in 1787 Why didn’t the Constitution written in 1787 abolish slavery?abolish slavery?

““Fugitive slave” provisionFugitive slave” provision Three-Fifths CompromiseThree-Fifths Compromise Slave TradeSlave Trade In short:In short:

Economic interest (rights of property)Economic interest (rights of property) Political necessityPolitical necessity RacismRacism

Political Principles in the Political Principles in the Constitution IConstitution I

Republic v. DemocracyRepublic v. Democracy ConsentConsent

Basis of legitimacy in a republicBasis of legitimacy in a republic Not necessarily stabilizingNot necessarily stabilizing Contract defines terms of consentContract defines terms of consent

How is Consent Expressed?How is Consent Expressed? Direct expressions problematicDirect expressions problematic Obedience and “tacit” consent weakObedience and “tacit” consent weak Voting give voice without “too much” participationVoting give voice without “too much” participation

Political Principles in the Political Principles in the Constitution IIConstitution II

RepresentationRepresentation Voters choose representatives to make Voters choose representatives to make

decisionsdecisions Key difference between republic & democracyKey difference between republic & democracy

Majority RuleMajority Rule Not rule by the (majority of the) peopleNot rule by the (majority of the) people Decisions (by, for) representatives determined Decisions (by, for) representatives determined

by majorityby majority Democratic tendenciesDemocratic tendencies

Political Principles in the Political Principles in the Constitution IIIConstitution III

Limited GovernmentLimited Government Response to dangers of republic (devolving Response to dangers of republic (devolving

into democracy)into democracy) Rooted in Locke: rational individuals will only Rooted in Locke: rational individuals will only

consent to a limited governmentconsent to a limited government

Strategies for Limiting Government PowerStrategies for Limiting Government Power StructuralStructural SubstantiveSubstantive

The Struggle for RatificationThe Struggle for Ratification

Political Context (September 1787)Political Context (September 1787) Constitution not imposed nor accepted with Constitution not imposed nor accepted with

universal acclaimuniversal acclaim Opponents raised serious objectionsOpponents raised serious objections Who ratified?Who ratified?

Early Successes (Sept. 1787 – Feb. 1788)Early Successes (Sept. 1787 – Feb. 1788) Five states ratified by January 1788Five states ratified by January 1788 Massachusetts ratified Feb. 1788 by 187-168Massachusetts ratified Feb. 1788 by 187-168

Supporters and Critics of the Supporters and Critics of the ConstitutionConstitution

Federalist PapersFederalist Papers Begun in fall 1787 to defend/explain the ConstitutionBegun in fall 1787 to defend/explain the Constitution Key authors Hamilton (NY) and Madison (VA)Key authors Hamilton (NY) and Madison (VA)

Key CriticismsKey Criticisms ““Anti-Federalists” objected broadly to powerful Anti-Federalists” objected broadly to powerful

national governmentnational government Centralization of powerCentralization of power National government unaccountable to the peopleNational government unaccountable to the people No “Bill of Rights”No “Bill of Rights”

How We Got the Bill of RightsHow We Got the Bill of Rights

Not part of original draft of ConstitutionNot part of original draft of Constitution Its inclusion a key demand of Anti-Its inclusion a key demand of Anti-

FederalistsFederalists Federalists struck a deal to get delegate Federalists struck a deal to get delegate

votes for ratificationvotes for ratification Pressure can effect change (even) in a Pressure can effect change (even) in a

republicrepublic