“Framing the Constitution” Charles A. Beard

Definitions

Police Power (Reserve) The power of a state to promote health, safety, and morals.

Liberals In general, one who favors a more active federal government in regulating business, supporting social welfare, and protecting minority rights, but prefers less regulation of private social conduct.

Conservatives In general, a person who favors more limited local government, less government regulation of markets, more social conformity to traditional norms and values, and tougher polities toward prevention of crime and criminals.

Capitalism The economic system that favors private control of business and minimal government regulation of private industry.

Socialism The economic system that advocates for collective ownership and control of the means of production.

Communism An economic system in which workers own the means of production and control the distribution of resources.

Totalitarianism An economic system in which the government has total control over the economy

Libertarianism A system in which a free-market economy and the governmental interference in personal liberties exists.

Lecture: Both John P. Roche and Charles A. Beard present interesting differences on “how and why the Constitution was framed” and how the Constitution was “influenced by other interests than pure statesmanship.” Roche – “sees the framers as practical politicians who were above all nationalists seeking the necessary compromises to get agreement among themselves and from the people.” Beard: “suggests the framers conspired to protect their personal property against the mob.” “explains the creation of the Senate” –“protect monied interests” »Semi-aristocratic body –Result of a compromise over representation (Lecture Summaries 3)

Main Arguments: “The Framers were an economic elite out to protect their own property against popular majorities.” ( The Setting of… 4)

Beard’s Reasoning: “The framers were an elite consisting of landholders, creditors, merchants, lawyers, and public bondholders.” Significance: “The Constitution is anti-majoritarian. “Roche and Beard disagree on the motivations and actions of the Constitution’s framers.” “Beards evidence does not support his argument.” ( The Setting of… 4)

Questions:

According to Beard, Congress agreed that a convention should be held for what reason(s)? To evaluate the Articles of Confederation and report what alterations and provisions were needed in order to preserve the union.

Explain how Beard supported his belief that the “underlying purpose of the Constitution was not the establishment of popular government by means of parliamentary majorities.” He supported his belief basically through the “exclusion of the direct popular vote” for the office of Presidency, indirect election of the Senate – which would promote the interest of the elite and conservatives of the country, and the independent appointment by the President to the Judiciary Branch.

According to Beard, what did he believe was the primary concern for most of the delegates? Limit the power of popular majorities and protect their own property interests.

Define Constitutional Democracy (as given by Peter Woll): “People participate in government on a limited basis.”

Explain the difference between unlimited democratic government and a constitutional democracy. Unlimited democratic government is where “the people govern through the operation of a principle” – “majority rule w/o legal restraint.” In constitutional democracy the “majority rule is curtailed and checked through various legal devices.”

Works Cited: Woll, Peter. Lecture Summaries. Brandeis University. 10 Aug Woll, Peter. The Setting of the American System. Brandeis University. 9 Sept l l