Unit 1: Introduction & U.S. Constitution Lecture & Discussion 2: Constitutional Theory

Objective To identify the political philosophy of the framers and understand its impact on the writing of the U.S. Constitution

Do Now Respond to the prompts. What is the “New Government?” What is its underlying flaw? Provide evidence to support your answer.

A. The Real Revolution Revolutionary war was not simply about independence, no “taxation without representation,” and payment of war debt Goal was liberty Colonists believed English constitution denied unalienable rights ordained by God: life, liberty, and property (pursuit of happiness) Shared a new vision of legitimate government that secured personal liberties

B. The Failed Constitution Articles of Confederation created a “league of friendship” among States granting too few powers to central government resulting in a weak union

B. The Failed Constitution Lessons of Experience State constitutions embodied principle “rule by the people” creating internal dissention Shays’ Rebellion: MA governor powerless to put down uprising of ex-Revolutionary War soldiers attempting to prevent foreclosure of farms due to high interest rates and taxes

C. Challenge at Convention Striking a Balance in Government delegates remained committed to liberty dilemma was to devise a government strong enough to maintain order, but not so strong that it would threaten liberty Madison: “In framing a government which is to be administered by men over men, the great difficult lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.”

C. Challenge at Convention Federalists View “nationalists” favored a strong government that would create a republic of the people to guard against factionalism by dispersing tyrannical majorities Philosopher Political Idea Framer Hobbes order in society Hamilton Montesquieu separation of power Madison

C. Challenge at Convention Federalists View Articles of Confederation too weak as stronger federal institutions needed to protect the people from threats domestic and abroad horrified by rebels who took law into own hands and violated property rights of others and paranoid country slipping into anarchy Washington: “If Shays and his men have real grievances, redress them; if not, employ the forces of government against them.”

C. Challenge at Convention Andi-Federalists View “states-righters” feared big government and felt liberty only secure in small societies governed by direct democracies Philosopher Political Idea Framer Locke natural rights Jefferson Rousseau consent of the governed Paine

C. Challenge at Convention Anti-Federalists View Articles of Confederation might be flawed, but should be reformed not completely scrapped recognized need for stronger government after Shays’ Rebellion, but paranoid about centralized rule creeping back into the picture Jefferson: “A little rebellion now and then is a good thing. The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants”

D. Proposals for New Government Virginia Plan a proposal for a strong national government organized into three branches – the legislative, executive and judicial national legislature composed of two houses based on size of States population chief executive and members of judiciary chosen by the legislature

D. Proposals for New Government New Jersey Plan a proposal to create a weak national government by leaving much of Articles intact national legislature composed of one house with each state having one vote Congress would remain a creation of the State governments

E. “Bundle of Compromises” Great Compromise House of Representatives: apportioned among states based on size of population and elected by the people Senate: two senators from each state chosen by state legislatures Connecticut Compromise reconciled the interests of small and large states to ensure support for a strong national government

E. “Bundle of Compromises” Three-Fifths Compromise: an agreement that allowed slaves to be counted as 3/5th’s of a person to resolve debate over size of population in southern states Commerce and Slave Trade Compromise: an agreement that protected the commercial interest of southern states which forbade Congress to tax exports and act on the slave trade for a period of twenty years

E. “Bundle of Compromises” Massachusetts Compromise: an agreement to resolve the controversy of Federalists and Anti-Federalists and ensure ratification of the Constitution by adopting first ten amendments