Review Questions 1)List four weaknesses of the Articles of Confederation 2)What was the fundamental question that the founders faced when designing the Constitution? 3)What were the differences between Jefferson and Hamilton’s view of government? 4)What was the Virginia Plan, New Jersey Plan, and Connecticut Compromise?

The Nature of The Constitution Constitutional Underpinnings #2

The Ratification Process What was the greatest “trick” the founders pulled in making the Constitution? Under the Articles it took how many states to agree to change it? All 13 states must agree In the Constitution how many states had to ratify it? 9 out of 13

The Ratification Process Federalists For Constitution Anti-Federalists Against Constituion Alexander Hamilton George Mason James MadisonPatrick Henry John JaySamuel Adams

Anti-Federalist Arguments Argument #1: The Constitution gives the government too much power. That power can be abused. Federalist Counter: If it can’t be abused, it isn’t power. A government without power cannot protect the security, safety, and liberty of the people. The Constitution has guards against abuse.

Anti-Federalist Arguments Argument #2: The Federal Government is too large and removed from the people to protect their liberty. Liberty is best protected in small republics. Federalist Counter: In Federalist #10 of the Federalist Papers, James Madison lays out the argument that liberty is actually better protected by a larger form of govern.ment

Federalist #10 The largest danger to liberty is FACTIONS (groups with a shared interest that is “adverse to the rights of other citizens) There are two ways of controlling the effects of factions… 1.Remove the cause of factions 2. Control the effects of factions

Removing the Causes of a Faction... Destroy Liberty Liberty essential to the founding of factions Liberty: Faction:: Air: Fire Would it make sense to get rid of Air to make sure we never had fire? The cure is worse than the disease Give Everybody the Same Interests Man’s reason is not perfect As long as Man has the liberty to use his reason then different opinions will form Connection between reason and his “self-love” (self- interest) Factions are natural Impractical Rejection of Aristotle’s View

Controlling the Effects of a Faction... If the faction makes up a minority of the population… The Republican Form of Government prevents it from putting its policies into practice

Controlling the Effects of a Faction -If the faction makes up the majority of the population than the government must find a way to “secure the public good and private rights” and also to “preserve the spirit and the form of popular government” - Prevent the majority from having the same interest at the same time -Make it impossible for the majority to carry into effect their “schemes of oppression.”

How Do We Prevent a Majority Faction? Will a Pure Democracy work? A pure democracy: a small number of citizens assemble and administer government in person No. In such a system there is no check on the will of the majority

How Do We Prevent a Majority Faction? Will a Republic work? A republic is a form of government in which a “scheme of representation” takes place. Yes, because the representative system “refines” the public view.

Should the Republic be Small or Big? Small Republic Unworthy Candidates With a smaller number of voters it will be easier for a candidate of less ability or “bad” intentions to gain the votes needed to win a position # of Factions (Interests) In a small homogenous group you are more likely to have less points of view and more common interests, increasing the chance of a harmful faction. Large Republic Unworthy Candidates With a larger number of voters it will be harder for an unworthy candidate to fool the larger group into voting for them. # of Factions (Interests) In a large group you are more likely to have a greater number of points of view and interests, making it harder for one faction to gain a majority of the votes.

So in Conclusion…. Contrary to Popular Belief… SIZE DOES MATTER!!! (sorry Fhorest) According to Madison, liberty is best protected in a large scale republic, where there are more voters and more interests to check each other.

Anti-Federalist Arguments Argument #3: The Constitution does not spend enough time focusing on what government is not allowed to do. There is not enough provisions that limit their power. Federalist Counter: First, there are a number of limitations written into the Constitution. Second, each state has there own Bill of Rights that will not be voided. Third Madison didn’t want a list of rights, feeling no list could be complete.

Original Constitutional Rights “Habeas Corpus” (Article I, Section 9) No Bill of Attainder (Article I, Section 9) No Ex Post Facto Law (Article I, Section 9) Guarantee of Trial by Jury (Article III, Section 2) Privileges and Immunities (Article IV, Section 2) No Religious Test for Office (Article VI) Obligation of Contracts (Article I, Section 10)

The Addition of the Bill of Rights During the ratification process 5 states had easily ratified the Constitution. In Massachusetts, Anti-Federalists argued with Federalists over procedure. Could they vote for ratification along with recommendations? Eventually Federalists gave in, and allowed the vote with the call to add a Bill of Rights. Soon after Virginia and New York ratified with the same provision.

Elements in The Constitution 1)Separation of Powers (covered in Constitution and Branches) 2)Federalism (covered in detail later) 3)A Republic… not a Democracy 4)A New View of Human Nature

“Undemocratic” Features It was physically impossible to create a direct democracy in a nation of this size and the founders distrusted the masses due to their reliance on emotion rather than reasons

“Undemocratic Features” State legislatures elect Senators Electors (“Electoral College”) elect President Two kinds of majorities – The people (The House of Reps) – The states (The Senate) Judicial Branch and Judicial Review (Intent of Founders not clear) Amendment Process

Human Nature and Government -Aristotle: Government should seek to instill virtue in its citizens. -Madison: Any government that could do that would be dangerously powerful. Must create a government that takes into account that man is self-interested

Human Nature and Government There is one fundamental problem with Madison’s View How can government function when it must be run by self-interested men?

Human Nature and Government What stops him from getting the money? $$$