Chapter 2 The Constitution

Essential Question Everything we talk about in chapters 1 and 2 revolve around the essential question. Keep the question below in mind as you view the slides. What is the best type of republic?

The Problem of Liberty The colonists of America were used to many English rights, as established in English documents such as the Magna Cart, English Bill of Rights, and Petition of Right. I have an idea! Let’s copy some English documents for America’s new government.

The Problem of Liberty Unfortunately, the colonists did not feel their rights were being protected by the English government. The colonists revolt! Stop looking at me boy! What’s wrong with your face?

The Colonial Mind Most politicians tended to be corrupt and power-hungry. Everyone was born with a right to life, liberty, and property. The Declaration of Independence explicitly stated that governments were supposed to secure the rights of the governed. Dude, my mind looks nothing like a colonists.

The Real Revolution More than a war for independence. – Legitimate government required the consent of the governed (this was John Locke’s idea). – Political power could only be exercised from a written constitution – Our rights are unalienable – Government must respect and protect our rights

The Real Revolution Colonial governments were very concerned about peoples’ rights because – Most state constitutions had a detailed bill of rights – Most political power were in the hands of elected representatives

Weaknesses of the Confederation The Articles of Confederation was a “league of friendship” between the states. Each state could basically do whatever it wanted. Each state had one vote in Congress, regardless of size It took all support from all 13 states to amend the Confederation There as no national judiciary and a very weak executive (John Hanson, the president under the Articles never even showed up to do his job!)

The Constitutional Convention There was a predicament the Founders faced. They noticed that central governments that were too weak collapsed. But, central governments that were too powerful trampled the rights of its people. That government is too powerful That government isn’t powerful enough That government is just right!

The Constitutional Convention Case in point: Pennsylvania’s government was too democratic (the legislative branch had almost all the power) and the majority abused the rights of the minority. Massachusetts was less democratic and many people could not take part if government (although there was a balance of power between three branches).

The Challenge The delegates at the Convention had a tough problem to resolve: how to create a government that maintained order but not so strong that it would threaten liberty. Remember these guys from a couple slides ago?

The Challenge The Virginia Plan: – Three branches of government Legislative, executive, and judicial branch Bicameral legislature The House would be based on population The Senate would be chosen by the state legislatures and confirmed by the House The legislature would choose the president and judges The president and some judges would be a “council of revision” that could veto acts passed by Congress

The Challenge The New Jersey Plan was created because delegates of small states feared large states would have too much power. Their plan was to: – Amend the Articles, not replace it. – Each state gets one vote in Congress

The Compromise The Great Compromise (also called the Connecticut Compromise) brought the two plan together and pleased the big and small states. – A strong national government – A bicameral Congress The House of Representatives is based on the population of the states The Senate consisted of two senators from each state (chosen by state legislatures).

Key Principles The goal of the Framers, creating a republic based on a system of representation, was satisfied. – States were willing to go along with reducing their power because national power was limited by dividing power between the states and federal government (this is called federalism). – There were reserved powers given exclusively to the states, such as education and marriage laws. – There were powers given exclusively to the national government, called enumerated powers. – Concurrent powers, such as taxes and building roads, would be shared by the states and national government.

Questions to Consider Basically, the theme in our government is to divide and share power as much as possible. Think about Madison’s argument regarding factions. – How are the power of factions controlled? Think about separation of powers and federalism. – What similarities do they share?

The Constitution and Democracy Majority rule was limited in several ways, such as: – Amending the Constitution is relatively difficult

Government and Human Nature Separation of Powers works, according to James Madison, because the ambitions of the politicians in each branch would lead them to fight for power at the same time, thereby counteracting each other. Yes, I’m a vampire

The Constitution and Liberty Two groups emerge as states debate ratification Federalists Federalists (those who favored ratification and a strong central government) Antifederalists Antifederalists (those who valued more states rights and feared the national government was too strong and too centralized Forget ratification. Pastel clothes versus big hair, who will win?!

The Antifederalist View Representative in Congress would be distant from the people National government might trample the rights of the states There was no Bill of Rights Not to mention no protection for Jerry Curls

The Federalist View James Madison argued, in Federalist Papers #10 and #51, that large republics were better. – Factions were much easier to control – Separation of powers would prevent the three branches from teaming up against the states – A coalition of factions was necessary to get anything done in the federal government – No Bill of Rights was necessary because national government’s power was limited to what was enumerated in the U.S. Constitution Plus, how could men wearing pink ever hurt anyone? Seriously.

The Federalist View After all, the U.S. Constitution specifically protected certain rights, such as: Protecting habeas corpus There could be no ex post facto passed by Congress No bill of attainder could be passed by Congress Right of trial by jury was guaranteed Rights were the same between states There was religious test for holding federal office Contracts were protected

Closing the Deal To make the Antifederalists happy, a Bill of Rights was added to further limit the power of the federal government. 3/5 of the slaves in the South were counted as people for allotting seats in the House of Representatives I don’t know my fractions! In your face Tubbs! You have the right to remain ugly.

The Motives of the Framers Some, such as Charles A. Beard, argued that the Framers of the U.S. Constitution were more concerned about their wealth, since they loaned a lot of money to the government under the Articles of Confederation, and they were worried the government might collapse (and not get paid back!). Do you agree with him? Or do you think the Framers had different motives? If so, what?