CREATING GOVERNMENT: THE CONSTITUTION CHAPTER 2

PROBLEM OF LIBERTY Goal of Am. Revolution was liberty Colonists lacked rights as British subjects English Constitution lacked legitimacy After French and Indian War: “taxation without representation”

PHILOSOPHERS INSPIRE Montesquieu (1689-1755), The Spirit of Laws Hobbes (1588-1679), The Leviathan Locke (1632-1704), Second Treatise of Government Rousseau (1712-1778), The Social Contract Thomas Paine (1737-1809), Common Sense

DECLARATION OF INDEPENDENCE No more divine right - elimination of royal prerogative EVERYONE is equal “self-evident” MAJOR SCHISM DOCUMENT Philosophical basis Grievances State of Separation

Declaration of Independence Based upon Locke’s conception of individual rights life, liberty, right to own property government as a social contract to protect individual rights Outlines basic political philosophy of the new republic Justifies rebellion against Britain

ARTICLES OF CONFEDERATION Original plan for government (1st Constitution of US) Authority laid with states Congress of the Confederation States had central authority over direction of country

FAIL!!! Supermajority (9 of 13) to pass a law Article II – “Each state retains its sovereignty, freedom, and independence.” Gov’t has no control Unicameral Congress (one house) with one vote per state Supermajority (9 of 13) to pass a law Supermajority (13 of 13) to amend No Executive (No President), no central authority No Federal Judiciary (No Supreme Court), no central law No control of taxation, commerce between states or with foreign nations, money system *Leads to Constitutional Convention and complete restructuring of American Government

Ratification Debates Anti-Federalists Federalist Desired STRONGER state governments and WEAKER national government Keep government in check maintain individual rights Felt Americans were good, virtuous, and will participate Federalist Desired a STRONGER national government and WEAKER state governments Already included: Ex post facto No bill of attainder Habeas corpus Felt Americans were good, but incompetent and will ruin country

Ratification Debates The Federalist Papers: Madison, Hamilton, Jay Anti-federalist concerns: constitution too aristocratic large republic not feasible possible tyranny of national government no specific protection of rights Madison promises the Bill of Rights after ratification

Bill of Rights First ten amendments to the federal constitution: Restrain the national government from tampering with fundamental rights and civil liberties Emphasize the limited character of the national government’s power

Constitution 1787 Framers needed to centralize power Bridge between theory and reality Divides the national government into three branches Describes the powers of those branches and their connections Outlines the interaction between the government and the governed Describes the relationship between the national government and the states Is the supreme law of the land

Great Compromise HOUSE OF REPRESENTATIVES SENATE Representation in the House of Representatives would be apportioned according to the population of each state (initially consisting of 56 members) Revenue-raising acts would originate in the House SENATE Each state would be represented equally in the Senate (2 each) Senators would be selected by their state legislatures, not by direct popular election

Madisonian Model Popular Sovereignty – power to govern belongs to the people, gov’t based on the consent of governed Separation of Powers – division of gov’t between branches: executive, legislative and judicial Checks and Balances – a system where branches have some authority over others Limited Government – gov’t is not all-powerful, and it does only what citizens allow Federalism – division of power between central government and individual states

FEDERALIST #10 Madison addressed biggest fear of gov’t Faction – a group in a legislature or political party acting together in pursuit of some special interest (think fraction – ½, 1/3, etc) Founding fathers were concerned that our government would be ripped apart Separation of Powers check the growth of tyranny Each branch of government keeps the other two from gaining too much power A republic guards against irresponsible direct democracy or “common passions” Factions will always exist, but must be managed to not severe from the system.