What is the Purpose of Government ???? To Bring Order to Chaos To Lead People To Protect Rights To Interpret Laws Others????

Democracy “Rule by the People” Supreme political authority rests with the people People have Sovereign Power Government is Only Conducted with the People’s Consent Direct Democracy vs. Indirect Democracy

Types of Government Confederacy Unitary Federal All power in a central authority British Parliament Federal Division of Power between central, state, local, etc The United States Confederacy Little power at center, power shared by the states Confederate States of America, AOC

Our English Heritage Magna Charta (1215) Petition of Rights (1628) English Bill of Rights (1689)

Political Thoughts John Locke Rousseau Montesquieu (1690) “First and Second Treatises on Government” “Everyone has the right to life, liberty, and property” “People create government and empower a ruler with the consent of the people” ‘Power to govern comes from the people” “Social Contract” idea Rousseau “People give up some freedom in favor of the needs of the majority” Montesquieu Division of powers in government System of checks and balances

Government in the American Colonies The Mayflower Compact Fundamental Orders of Connecticut Representative Governments of the Colonies Albany Plan in 1754 (for all 13 colonies) Voted down

Ideas Concerning Government “Natural Rights” from God Popular Consent Popular Sovereignty Majority Rule

Events Leading to Independence Stamp Act Congress (1765) Boston Massacre (1770) Boston Tea Party (1773) First Continental Congress (1774) Second Continental Congress (1775) Declaration of Independence (1776) State Constitutions were written to replace Royal Charters

Articles of Confederation (1781) Weaknesses No ability to levy and collect taxes No ability to regulate commerce No ability to conduct a military draft No ability to enforce acts of Congress No national judiciary system Nine states need to pass laws All 13 to amend AOC Strengths Congress could negotiate peace Could coin money Defeated Great Britain Northwest Ordinance created

Constitutional Convention Shays’s Rebellion (1787) Revision of the Constitution by 55 men Madison, Hamilton, Franklin present How do we create a government strong enough to preserve order but not so strong that it would threaten liberty?

The Plans Virginia Plan (large states) New Jersey Plan (small states) The Great Compromise (Conn. Compromise) House of Representatives based on population and elected by the people Senate consisting of TWO senators from each state chosen by the state legislatures Electoral college selects the President Supreme court selected by the President and confirmed by the Senate September 17, 1787 approved and sent to the states for confirmation Note: 3/5th compromise on slavery issue (taxation and population) Note: Slavery legal, International slave trade to be abolished in 20 years

The Constitution and Democracy Never mentioned a democracy – “republic” HOR – chosen by the people Senate – chosen by the state legislatures President not directly elected Amending the Constitution difficult (Art. V)

Key Principles of the Constitution Federalism– Division of Powers Enumerated Powers – Nat. Gov’t Only Print money Declare War Make treaties Conduct foreign affairs Regulate interstate commerce Reserved Powers– State Gov’t Only Regulate intrastate commerce Issue licenses Concurrent Powers– Both do Collect Taxes, Build Roads, Borrow Money, Courts

Government and Human Nature Self-Interest Madison in Federalist No. 10 “If men where angels , government not necessary” Self-Interest checks tyranny Factions couldn’t get total power Separation of powers or division of powers would protect democracy

Federalists vs. Antifederalists Will the Constitution create a system of government that will respect personal liberties? Federalists – supported ratification of the Constitution Antifederalists – against ratification

Antifederalist View Liberty Small republics secured liberty Rulers closely checked Feared a strong central government Power needed to be in state legislatures Add a Bill of Rights to the Constitution

Federalist Views Madison, Hamilton, Jay Madison’s response in Federalists No. 10 & 51 “Liberty is safest in large republics” “Factions” or “Self-Interest” can be checked in large republics No Bill of Rights needed

Rights Protected in Constitution Writ of Habeas Corpus (before judge) No “bills of attainder” (guilty w/o trial) No “ex post facto laws” (act now criminal) Right by trial in criminal cases No religious tests for federal office Same rights as other states Contract law

Summary for No BOR Needed Constitution already protects States already had bills of rights Framers thought that central government already had specific rights.

Ratification Smaller states quickly ratified By June 21, 1788 ninth state ratifies Tough battle especially in NY By 1790, all 13 had ratified Promise of a BOR First Ten Amendments (1791) BOR – limited the power of the federal government. 14th amendment applied BOR to state government action.

Slavery and the Constitution 3/5ths Compromise International Slave Trade

Economic Interests Charles Beard – government IOU’s Challenged by others States’ interests most important

Constitutional Reform Reducing the Separation of Powers Congressional Gridlock?? Presidential Weakness??? Term Limits Term Limits on Congressmen are NOT 10th Amed right U.S. Term Limits, Inc v. Thornton (1997) ruled unconstitutional Line-Item Veto Clinton (1996) only on financial matters Clinton v. New York (1998) ruled unconstitutional