Constitutional Democracy: Promoting Liberty and Self Government Chapter 2

Before the Constitution: Colonial and Revolutionary Experiences Colonial experiences with democratic institutions; English Parliament and colonial charters Colonial experiences with democratic institutions; English Parliament and colonial charters The “rights of Englishmen”—including trail by jury The “rights of Englishmen”—including trail by jury 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 First Continental Congress First Continental Congress © 2011, The McGraw-Hill Companies, Inc. 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 Philosophy of John Locke Philosophy of John Locke Inalienable (natural) rights: life, liberty, and property Inalienable (natural) rights: life, liberty, and property Social contract: government has responsibility to preserve rights Social contract: 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 © 2011, The McGraw-Hill Companies, Inc. 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 © 2011, The McGraw-Hill Companies, Inc. All Rights Reserved.4

Before the Constitution: Colonial and Revolutionary Experiences A nation dissolving A nation dissolving 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 © 2011, The McGraw-Hill Companies, Inc. All Rights Reserved.5

The Great Compromise: a two-chamber Congress The Great Compromise: a two-chamber Congress 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

The Three-Fifths Compromise: issues of slavery and trade The Three-Fifths Compromise: issues of slavery and trade 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 © 2011, The McGraw-Hill Companies, Inc. 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 © 2011, The McGraw-Hill Companies, Inc. All Rights Reserved.8

African Americans as a Percentage of State Population, 1790 © 2011, The McGraw-Hill Companies, Inc. All Rights Reserved.9

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 © 2011, The McGraw-Hill Companies, Inc. All Rights Reserved.10

Major Goals of The Framers of the Constitution © 2011, The McGraw-Hill Companies, Inc. All Rights Reserved.11

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 © 2011, The McGraw-Hill Companies, Inc. All Rights Reserved.12

Constitutional Provisions for Limited Government © 2011, The McGraw-Hill Companies, Inc. All Rights Reserved.13

Protecting Liberty: Limited Government Using power to offset power Using power to offset power Montesquieu’s concept of separation of powers Montesquieu’s concept of separation of powers Madison’s Federalist No. 10 and the problem of overbearing majorities Madison’s Federalist No. 10 and the problem of overbearing majorities The framers’ special contribution: separate but overlapping powers The framers’ special contribution: separate but overlapping powers © 2011, The McGraw-Hill Companies, Inc. All Rights Reserved.14

Separated institutions sharing power: checks and balances Separated institutions sharing power: checks and balances Separation of powers: divide powers of government Separation of powers: divide powers of government Shared institutions—checks and balances Shared institutions—checks and 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 © 2011, The McGraw-Hill Companies, Inc. All Rights Reserved.15 Protecting Liberty: Limited Government

The System of Checks and Balances © 2011, The McGraw-Hill Companies, Inc. All Rights Reserved.16

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 © 2011, The McGraw-Hill Companies, Inc. All Rights Reserved.17 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) © 2011, The McGraw-Hill Companies, Inc. All Rights Reserved.18 Protecting Liberty: Limited Government

Providing for Self-Government Democracy versus republic Democracy versus republic Framers feared the overbearing power of the majority in a democracy Framers feared the overbearing power of the majority in a democracy Framers preferred concept of a republic, where people rule through elected representatives Framers preferred concept of a republic, where people rule through elected representatives Majority rule in a republic is limited to protect minority rights Majority rule in a republic is limited to protect minority rights © 2011, The McGraw-Hill Companies, Inc. All Rights Reserved.19

Providing for Self-Government 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 through Electoral College Indirect election of president through Electoral College Indirect (initially) election of senators Indirect (initially) election of senators Federal judiciary appointed, not elected Federal judiciary appointed, not elected © 2011, The McGraw-Hill Companies, Inc. All Rights Reserved.20

Methods of Choosing National Leaders © 2011, The McGraw-Hill Companies, Inc. All Rights Reserved.21

Providing for Self-Government Altering the Constitution: more power to the people Altering the Constitution: more power to the people 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; referendums and initiatives Direct election of senators; referendums and initiatives Delegates carry out wishes of the voters Delegates carry out wishes of the voters © 2011, The McGraw-Hill Companies, Inc. All Rights Reserved.22

Measures Taken to Make Government More Responsive to Popular Majorities © 2011, The McGraw-Hill Companies, Inc. All Rights Reserved.23

Constitutional Democracy Today Constitutional: power gained through elections to be exercised in accordance with law and with due respect for individual rights 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 Democratic: provides for majority influence via elections Republic: mix of deliberative institutions, each of which moderates the power of the others Republic: mix of deliberative institutions, each of which moderates the power of the others © 2011, The McGraw-Hill Companies, Inc. All Rights Reserved.24