USG Unit 2 NOTES Revolution And the genesis of the Constitution

Revolution Colonists believed: Colonists believed: –British crown couldn’t protect their liberty –“higher law” – natural rights – Life, liberty, property King G violated these inalienable rights, so this was a war of ideology, not economics King G violated these inalienable rights, so this was a war of ideology, not economics

Radical new ideas about government, legitimacy, and liberty Human liberty preceded govt; natural rights cannot be legitimately granted or denied by govt Human liberty preceded govt; natural rights cannot be legitimately granted or denied by govt These rights are ours by virtue of our birth into the human race These rights are ours by virtue of our birth into the human race

Articles of Confederation - Weakness No power to levy taxes, reg. commerce, mediate interstate disputes No power to levy taxes, reg. commerce, mediate interstate disputes 13 independent nation-states, united for the Revolution, but not much else 13 independent nation-states, united for the Revolution, but not much else No judicial or exec branch No judicial or exec branch Changes required 13 state unanimity Changes required 13 state unanimity

Constituional Convention Shays’s Rebellion proved stronger govt needed Shays’s Rebellion proved stronger govt needed Delegates to Convention were men of means, Revolution vets, politicians Delegates to Convention were men of means, Revolution vets, politicians Absent: TJ, Samuel Adams, Patrick Henry Absent: TJ, Samuel Adams, Patrick Henry

The Great Challenge Delegates must create a government with enough power to fulfill its mandate, but not one inch more power than absolutely necessary.

Virginia Plan Favored big states Favored big states Strong, supreme govt w/3 branches Strong, supreme govt w/3 branches Bicameral legislature Bicameral legislature 1 house chosen by popular election 1 house chosen by popular election Legislature would choose exec and judiciary Legislature would choose exec and judiciary Representation by population Representation by population

New Jersey Plan Favored small states Favored small states Equal representation among states Equal representation among states Enhanced powers of national government Enhanced powers of national government

The Great Compromise AKA The Connecticut Compromise AKA The Connecticut Compromise HR based on population w/direct popular election HR based on population w/direct popular election Senate equal Senate equal Reconciled large and small state interests Reconciled large and small state interests

The Constitution and democracy Direct dem impossible – vast size of country Direct dem impossible – vast size of country Framers mistrusted popular passions, tyrannical majority; needed to protect (political) minority rights Framers mistrusted popular passions, tyrannical majority; needed to protect (political) minority rights Created representative republic Created representative republic Only H of R directly elected by people; exec elected by Electors; senators chosen by state legislatures Only H of R directly elected by people; exec elected by Electors; senators chosen by state legislatures

The Constitution and democracy cont’d… 2 KEY components: 2 KEY components: –Separation of powers – allows checks and balances b/w branches –Federalism – a sort of checks and balances b/w govts – state and national Govt and human nature Govt and human nature –Aristotelian view: govt should improve human nature by cultivating virtue –Madisonian view: cultivating virtue makes govt too powerful, too dangerous; self-interest should be freely pursued w/in limits

The Constitution and Liberty K required 9 of 13 states – democratic, but K required 9 of 13 states – democratic, but K was technically illegal – A of C required unanimity to be amended K was technically illegal – A of C required unanimity to be amended

The Constitution and Liberty cont’d The Antifederalist view: The Antifederalist view: –Liberty could be secured only in small republics. Otherwise nat’l govt is too distant from people; becomes tyrannical –Strong nat’l govt would annihilate state govt powers –Nation needed a loose confederation of states, w/state govts superior to nat’l govt –If strong nat’l govt is implemented, it should be MUCH more limited than K makes it

The Constitution and Liberty cont’d Madison’s response Madison’s response –Liberty safest in large republics, b/c coalitions would be moderate in order to accommodate broad interests –Govt should be somewhat distant to be insulated from passions of people

Reasons Bill of Rights NOT Needed (Federalists) K already had many protections: habeas corpus, no bill of attainder, no ex post facto law, trial by jury for criminal cases, and several others K already had many protections: habeas corpus, no bill of attainder, no ex post facto law, trial by jury for criminal cases, and several others Most states had bills of rights in their constitutions Most states had bills of rights in their constitutions K limited govt to powers contained therein; if K didn’t specifically allow govt to do “A”, then govt cannot do “A” K limited govt to powers contained therein; if K didn’t specifically allow govt to do “A”, then govt cannot do “A”

Reasons Bill of Rights WAS Needed (Antifederalists) Did not trust govt to stay within its limits (How smart were THEY?) Did not trust govt to stay within its limits (How smart were THEY?) Bottom line: K would not be ratified w/o iron- clad promise of B of R, listing specific protections from govt for the people Bottom line: K would not be ratified w/o iron- clad promise of B of R, listing specific protections from govt for the people Ratification was bitter fight, barely passed in each state convention Ratification was bitter fight, barely passed in each state convention

K and Slavery Abolitionist movement was alive and well in 1787; the north wanted slavery outlawed, south fought to keep it. CC nearly broke up over it, until Abolitionist movement was alive and well in 1787; the north wanted slavery outlawed, south fought to keep it. CC nearly broke up over it, until –3/5 Compromise –Fugitive slave clause –Congress could not act on slave trade till 1808

Motives of the Framers Economics played a role, but not a large one (played larger role in state ratifying conventions) Economics played a role, but not a large one (played larger role in state ratifying conventions) More likely to endorse ratification: merchants, urban, owned western land, held govt IOUs, did not own slaves More likely to endorse ratification: merchants, urban, owned western land, held govt IOUs, did not own slaves More likely to oppose ratification: farmers, did not hold govt IOUs, owned slaves More likely to oppose ratification: farmers, did not hold govt IOUs, owned slaves

Modern calls for Modification of K Some say nat’l govt too weak; call for stronger exec w/more accountability to voters Some say nat’l govt too weak; call for stronger exec w/more accountability to voters Empower Congress to call for new prez election before term is up Empower Congress to call for new prez election before term is up Establish single, six year term for prez Establish single, six year term for prez Some say govt is too strong already, call for reducing govt activism by Some say govt is too strong already, call for reducing govt activism by –Limiting taxes –Requiring balanced budget –Line-item veto –Limiting authority of federal courts

End of Unit 2 Notes