Constitutional Democracy: Promoting Liberty and Self Government Chapter 2

Before the Constitution: Colonial and Revolutionary Experiences Early Americans’ admiration for “limited government” stemmed from their British Heritage. The “rights of Englishmen” included a limited monarchy, The English Bill of Rights, Parliament which shared power with the king. The Road to Revolution: American colonists didn’t like the way they were treated.

Before the Constitution: Colonial and Revolutionary Experiences Declaration of Independence A call to revolution—liberty, equality, individual rights, self-government, lawful powers Philosophy of John Locke Inalienable (natural) rights: life, liberty, and property Social contract: government has responsibility to preserve rights Thomas Jefferson “All men are created equal” Just powers derive from the consent of the governed

Before the Constitution: Colonial and Revolutionary Experiences Articles of Confederation Adopted during the Revolutionary War Created weak national government that was subordinate to the states States retained “sovereignty, freedom and independence” Prohibited Congress from interfering in states’ commerce policies Prohibited Congress from taxation Examine the above list. What were the weaknesses of the Articles of Confederation?

Weakness of the Articles of Confederation Each state was given one vote in Congress There was no judiciary and no executive 9 of 13 states needed to vote in favor for legislation to pass 13 states needed to approve amendments

Before the Constitution: Colonial and Revolutionary Experiences Annapolis Convention Maryland and Virginia invite other states to convention to amend A. of C. (5 states attend…could they do anything? Shays Rebellion, 2,000 farmers march on court houses in W. Mass. To prevent farm foreclosers. Federal government can not respond. (No money, no troops.) Motivated Congress to authorize a convention in Philadelphia to revise Articles of Confederation

Constitutional Convention Delegates to the Philadelphia constitutional convention ignore the instructions of Congress, and draft an entirely new government rather than revise the Articles of Confederation.

Negotiating Toward a Constitution The Great Compromise: a two-chamber Congress Virginia (large-state) Plan Representation based on population number Greater power to larger states New Jersey (small-state) Plan Each state would have one vote Equal power to large and small states Great Compromise: two-chamber Congress House of Representatives: proportional representation Senate: equal representation

Negotiating Toward a Constitution The Three-Fifths Compromise: issues of slavery and trade Congress agreed not to tax exports, only imports Congress agreed not to outlaw slavery Three-Fifths Compromise: three-fifths of enslaved population counted for apportionment of taxes and political representation

African Americans as a Percentage of State Population, 1790

Negotiating Toward a Constitution A strategy for ratification Congress had stated that any proposed changes to the A.o.C. Would have to be agreed to by Congress and then confirmed by all states Framer’s: The Constitution would be ratified if 9 of 13 states approved at ratifying conventions. (Delegates were elected by popular vote.)

The Ratification Debate Federalists: proponents of the Constitution The Federalist Papers: Alexander Hamilton, James Madison, John Jay Anti-Federalists: against a strong national government

Major Goals of The Framers of the Constitution

Protecting Liberty: Limited Government Grants and denials of power Grants: Limit government by stating specific powers in the Constitution Total of seventeen powers Denials: Limit government by stating specific prohibitions in the Constitution Constitution difficult to amend

Constitutional Provisions for Limited Government

Protecting Liberty: Limited Government Using power to offset power Montesquieu’s concept of separation of powers Madison’s Federalist No. 10 and the problem of overbearing majorities The framers’ special contribution: separate but overlapping powers

Protecting Liberty: Limited Government Separated institutions sharing power: checks and balances Separation of powers: divide powers of government Shared institutions—checks and balances Shared legislative powers: Congress checked by the president, Supreme Court Shared executive powers: president checked by Congress, Supreme Court Shared judicial powers: courts checked by the president, Congress

The System of Checks and Balances

Protecting Liberty: Limited Government Bill of Rights First ten amendments to Constitution Protects rights of citizens, such as: Freedom of speech Trial by jury of peers and legal counsel Freedom of religion Limits power of government

Protecting Liberty: Limited Government Judicial review Courts determine if governmental institution is acting within its constitutional powers Established by Chief Justice John Marshall in Marbury v. Madison (1803)

Providing for Self-Government Democracy versus republic Framers feared the overbearing power of the majority in a democracy Framers preferred concept of a republic, where people rule through elected representatives Majority rule in a republic is limited to protect minority rights

Providing for Self-Government Limited popular rule People participate indirectly in process of government through election of officials Indirect election of president through Electoral College Indirect (initially) election of senators Federal judiciary appointed, not elected

6 Principles of the Constitution Separation of powers Checks and balances Federalism Popular Sovereignty Limited Government Judicial Review © 2011, The McGraw-Hill Companies, Inc. All Rights Reserved.

Methods of Choosing National Leaders

Providing for Self-Government Altering the Constitution: more power to the people Jeffersonian democracy Government belonged to all, not just elite Jacksonian democracy States give electoral votes to winner of the popular vote The Progressives Direct election of senators; referendums and initiatives Delegates carry out wishes of the voters

Measures Taken to Make Government More Responsive to Popular Majorities

Constitutional Democracy Today Constitutional: power gained through elections to be exercised in accordance with law and with due respect for individual rights Democratic: provides for majority influence via elections Republic: mix of deliberative institutions, each of which moderates the power of the others