Constitutional Democracy: Promoting Liberty and Self-Government Chapter 2

Before the Constitution: Colonial and Revolutionary Experiences The Rights of Englishmen The Rights of Englishmen Rights including life, liberty and property to which all people are entitled Rights including life, liberty and property to which all people are entitled Repeal of the Stamp Act: a tax on colonial newspapers and document Repeal of the Stamp Act: a tax on colonial newspapers and document Enactment of the Townsend Act: tax on tea Enactment of the Townsend Act: tax on tea © 2009 McGraw-Hill Higher Education. All rights reserved.2

Before the Constitution: Colonial and Revolutionary Experiences Declaration of Independence Declaration of Independence A call to revolution  liberty, equality, individual rights, self-government, lawful powers A call to revolution  liberty, equality, individual rights, self-government, lawful powers John Locke: “Two Treatises of Government” John Locke: “Two Treatises of Government” Inalienable (natural) rights: Life, liberty, and property Inalienable (natural) rights: Life, liberty, and property Government has responsibility to preserve rights Government has responsibility to preserve rights Thomas Jefferson: Thomas Jefferson: “All men are created equal” “All men are created equal” Just powers derive from the consent of the governed Just powers derive from the consent of the governed © 2009 McGraw-Hill Higher Education. All rights reserved.3

Before the Constitution: Colonial and Revolutionary Experiences Articles of Confederation Articles of Confederation Adopted during the Revolutionary War Adopted during the Revolutionary War Created weak national government Created weak national government States retained “sovereignty, freedom and independence” States retained “sovereignty, freedom and independence” Prohibited Congress from interfering in states’ commerce policies Prohibited Congress from interfering in states’ commerce policies Prohibited Congress from taxation Prohibited Congress from taxation © 2009 McGraw-Hill Higher Education. All rights reserved.4

Before the Constitution: Colonial and Revolutionary Experiences Shays’s Rebellion Shays’s Rebellion Raised fears about the weakness of the national government Raised fears about the weakness of the national government Weakened Congress  nation dissolving Weakened Congress  nation dissolving Farmers, led by Daniel Shays, marched to prevent foreclosures on their land Farmers, led by Daniel Shays, marched to prevent foreclosures on their land Congress unable to raise army to quell rebellion Congress unable to raise army to quell rebellion Motivated Congress to authorize a convention in Philadelphia to revise Articles of Confederation Motivated Congress to authorize a convention in Philadelphia to revise Articles of Confederation © 2009 McGraw-Hill Higher Education. All rights reserved.5

The Great Compromise The Great Compromise Virginia (large-state) Plan Virginia (large-state) Plan Representation based on population number Representation based on population number Greater power to larger states Greater power to larger states New Jersey (small-state) Plan New Jersey (small-state) Plan Each state would have one vote Each state would have one vote Equal power to large and small states Equal power to large and small states Great Compromise: two-chamber Congress Great Compromise: two-chamber Congress House of Representatives: proportional representation House of Representatives: proportional representation Senate: equal representation Senate: equal representation 6 Negotiating Toward a Constitution

North-South compromise: the issue of slavery North-South compromise: the issue of slavery Congress agreed not to tax exports, only imports Congress agreed not to tax exports, only imports Congress agreed not to outlaw slavery Congress agreed not to outlaw slavery Three-Fifths Compromise: three-fifths of enslaved population counted for apportionment of taxes and political representation Three-Fifths Compromise: three-fifths of enslaved population counted for apportionment of taxes and political representation © 2009 McGraw-Hill Higher Education. All rights reserved.7

Negotiating Toward a Constitution A strategy for ratification A strategy for ratification Constitution submitted directly to the states Constitution submitted directly to the states Federalists: proponents of the Constitution Federalists: proponents of the Constitution Anti-Federalists: against a strong national government Anti-Federalists: against a strong national government The Federalist Papers: Alexander Hamilton, James Madison, John Jay The Federalist Papers: Alexander Hamilton, James Madison, John Jay © 2009 McGraw-Hill Higher Education. All rights reserved.8

Negotiating Toward a Constitution The Framers’ goals The Framers’ goals Government strong enough to meet the country’s needs Government strong enough to meet the country’s needs Government not threatening existence of the separate states Government not threatening existence of the separate states Government not threatening liberty Government not threatening liberty Government based on popular consent Government based on popular consent © 2009 McGraw-Hill Higher Education. All rights reserved.9

Major Goals of The Framers of the Constitution © 2009 McGraw-Hill Higher Education. All rights reserved.10

Protecting Liberty: Limited Government Grants and denials of power Grants and denials of power Grants: Grants: Limit government by stating specific powers in the Constitution Limit government by stating specific powers in the Constitution Total of seventeen powers Total of seventeen powers Denials: Denials: Limit government by stating specific prohibitions in the Constitution Limit government by stating specific prohibitions in the Constitution Constitution difficult to amend Constitution difficult to amend © 2009 McGraw-Hill Higher Education. All rights reserved.11

Sharing Power Sharing Power Separation of powers: divide the authority of the government Separation of powers: divide the authority of the government Shared institutions  checks & balances Shared institutions  checks & balances Shared legislative powers: Congress checked by the President, Supreme Court Shared legislative powers: Congress checked by the President, Supreme Court Shared executive powers: President checked by Congress, Supreme Court Shared executive powers: President checked by Congress, Supreme Court Shared judicial powers: Courts checked by the President, Congress Shared judicial powers: Courts checked by the President, Congress © 2009 McGraw-Hill Higher Education. All rights reserved.12 Protecting Liberty: Limited Government

Bill of Rights Bill of Rights First ten amendments to Constitution First ten amendments to Constitution Protects rights of citizens, such as: Protects rights of citizens, such as: Freedom of speech Freedom of speech Trial by jury of peers and legal counsel Trial by jury of peers and legal counsel Freedom of religion Freedom of religion Limits power of government Limits power of government © 2009 McGraw-Hill Higher Education. All rights reserved.13 Protecting Liberty: Limited Government

Judicial Review Judicial Review Courts determine if governmental institution is acting within its constitutional powers Courts determine if governmental institution is acting within its constitutional powers Established by Chief Justice John Marshall in Marbury v. Madison (1803) Established by Chief Justice John Marshall in Marbury v. Madison (1803) © 2009 McGraw-Hill Higher Education. All rights reserved.14 Protecting Liberty: Limited Government

Providing for Self-Government Democracy versus republic Democracy versus republic People rule, either directly or through elected representatives People rule, either directly or through elected representatives Majority rule is limited to protect minority rights Majority rule is limited to protect minority rights Limited popular rule Limited popular rule People participate indirectly in process of government through election of officials People participate indirectly in process of government through election of officials Indirect election of president and (initially) Senators Indirect election of president and (initially) Senators Federal judiciary appointed, not elected Federal judiciary appointed, not elected © 2009 McGraw-Hill Higher Education. All rights reserved.15

Providing for Self-Government Altering the Constitution Altering the Constitution Jeffersonian democracy Jeffersonian democracy Government belonged to all, not just elite Government belonged to all, not just elite Jacksonian democracy Jacksonian democracy States give electoral votes to winner of the popular vote States give electoral votes to winner of the popular vote The Progressives The Progressives Direct election of senators Direct election of senators Delegates carry out wishes of the voters Delegates carry out wishes of the voters © 2009 McGraw-Hill Higher Education. All rights reserved.16

Constitutional Democracy Today Constitutional: provides for minority rights and rule by law Constitutional: provides for minority rights and rule by law Democracy: provides for majority influence via elections Democracy: provides for majority influence via elections © 2009 McGraw-Hill Higher Education. All rights reserved.17