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

Montesquieu ( ), The Spirit of Laws Montesquieu ( ), The Spirit of Laws Hobbes ( ), The Leviathan Hobbes ( ), The Leviathan Locke ( ), Second Treatise of Government Locke ( ), Second Treatise of Government Rousseau ( ), The Social Contract Rousseau ( ), The Social Contract Thomas Paine ( ), Common Sense Thomas Paine ( ), Common Sense

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

“We hold these truths to be self-evident, that all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness.” “We hold these truths to be self-evident, that all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness.” “[T]hat whenever any form of government becomes destructive [in protecting rights and responding to the people], it is the right of the people to alter or abolish it, and to institute a new government…” “[T]hat whenever any form of government becomes destructive [in protecting rights and responding to the people], it is the right of the people to alter or abolish it, and to institute a new government…” “[T]o secure these [basic] rights, governments are instituted among men, deriving their just powers from the consent of the governed…” “[T]o secure these [basic] rights, governments are instituted among men, deriving their just powers from the consent of the governed…”

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

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

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

Anti-Federalists – 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

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

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

– 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

HOUSE OF REPRESENTATIVES – 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

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

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.

Seven articles of the Constitution – 1-3: Establish the separate branches of government and specify their internal operations and powers – 4-7: Define the relationships among the states, explain the process of amendment, declare the supremacy of national law, and explain the procedure for ratifying the Constitution

Section 8 establishes the principle of Enumerated Powers in which Congress may exercise only the powers that the Constitution assigns to it – Commerce clause – “regulate Commerce with foreign nations, and among the several States.” The last clause of Section 8, the “necessary and proper clause,” also establishes Congress’ implied powers— powers that Congress needs to execute its enumerated powers

Establishes: – President’s term of office – Procedure for electing the president through the electoral college – Qualifications for becoming president – President’s duties and powers

Compromise between big and small states Protect against direct election by uninformed citizens/cater to elite Did not trust the people, Congress, or state legislatures to solely select president Reinforces federalism/gives states role in presidential selection WHY ELECTORAL COLLEGE?

The Judicial Article – Left purposely vague due to disagreement over its provisions and thus Congress established a system of federal courts, separate from state courts – Does NOT explicitly give the courts the power of judicial review or the authority of the court to invalidate congressional or presidential actions

Requires that the judicial acts and criminal warrants of each state be honored in all other states – Full Faith and Credit Forbids discrimination against citizens of one state by another state – Privileges and Immunities Extradition Allows the addition of new states and stipulates that the national government will protect the states against foreign invasion and domestic violence

Slavery – Legal in every state except Mass. – Representation and taxation based on 3/5 compromise – Grouped them under property Voting – Some wanted universal manhood suffrage – Left it up to the states- if you could vote in state elections, you could vote in national

Specifies the method for amending the Constitution

Judicial interpretation Social and cultural changes

Supremacy Clause: – Asserts that when they conflict with state or local laws, the Constitution, national laws and treaties take precedence

Describes the ratification process, stipulating that approval by conventions in nine states would be necessary for the Constitution to take effect