1. The Constitution Chapter 2

2. I Problem of Liberty A. The Colonial Mind B. The Real Revolution C. Confederation Weakness ◦ Formed during the Revolutionary War ◦ Created weak national government ◦ States retained “sovereignty, freedom and independence ◦ Prohibited Congress from interfering in states’ commerce policies ◦ Prohibited Congress from taxation

3. II Constitutional Convention A. Lessons of Experience ◦ 1. State Constitutions ◦ 2. Shay’s Rebellion ◦ Weakened Congress  Nation Dissolving ◦ Farmers, led by Daniel Shays, marched to prevent foreclosures on their land and cattle ◦ Motivated Congress to meet in Philadelphia to revise Articles of Confederation ◦ Needed a stronger central government to maintain order, protect property, and promote commerce B. The Framers

4. The Framers “An Assembly of Demi-Gods” ◦ 55 delegates attended ◦ Rhode Island refused to send delegate ◦ Jefferson not there-in France Shared Ideas ◦ Human nature ◦ Political Conflict ◦ Purpose of Government ◦ Nature of Government

5. Is the United States a Democracy? The United States is, indeed, a republic, not a democracy. Accurately defined, a democracy is a form of government in which the people decide policy matters directly--through town hall meetings or by voting on ballot initiatives and referendums. A republic, on the other hand, is a system in which the people choose representatives who, in turn, make policy decisions on their behalf. The Framers of the Constitution were altogether fearful of pure democracy. Everything they read and studied taught them that pure democracies "have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security or the rights of property; and have in general been as short in their lives as they have been violent in their deaths" (Federalist No. 10).Federalist No. 10

6. Copyright © 2013 Cengage Is Representative Democracy Best? Aristotle defined democracy as rule by ordinary people, most of whom would be poor John Locke argued against powerful kings and in favor of popular consent Thomas Hobbes argued that an absolute, supreme ruler was essential to prevent civil war

7. Key Leaders Thomas Hobbes ◦ English philosopher ◦ Leviathan 1651 John Locke ◦ Born with natural rights  Life, liberty, property ◦ Government is based on the consent of the governed ◦ Contract where rulers protect the people's natural rights ◦ If rulers betray the social contract, people have the right to replace them Charles de Montesquieu ◦ Spirit of the Laws ◦ Separation of powers Jean-Jacques Rousseau ◦ Social Contract ◦ Sovereign power resides in the will of the people ◦ Fail to carry out the people’s will, they can be removed

8. III The Challenge A. Virginia Plan  Bicameral legislature  Representation dependent upon population number  Greater power to larger state B. New Jersey Plan  Unicameral legislature  Each state would have one vote  Equal power to large and small states C. The Great Compromise ◦ House of Representatives based on population ◦ Senate-two votes for each state

9. IV Constitution & Democracy A. Key Principles ◦ Key Principles  Federalism  Enumerated powers  Reserved powers  Concurrent powers  Checks and balances B. Government & Human Nature ◦ Separation of powers ◦ Factionalism

10. Principles of Government Limited Government ◦ Strict limits on lawful uses of power ◦ Limits on depriving people of liberty Self-Government ◦ People are source and beneficiary of governing authority ◦ Majority rule Popular Government ◦ Majority’s desires have more direct and immediate impact on governing officials

11. V Constitution & Liberty A. Antifederalist View 9 out of 13 to approve Nationwide debate Anti-Federalists ◦ Small farmers, shopkeepers, laborers ◦ Favored strong state governments and weak national governments ◦ Called for Bill of Rights Federalists ◦ Large landowners, wealthy merchants, professionals ◦ Favored weaker state governments and a strong national government ◦ Promised to add amendments specifically protecting individual liberties Federalist Papers ◦ 85 essays written by Hamilton, Madison, and Jay

12. Three-Fifths Compromise Slaves accounted for 30% of total population in the south Many northern delegates opposed slavery Compromise ◦ All “free persons” and “three-fifths of all other persons” counted for representation ◦ Same formula used for taxation

13. Three Branches of Government Legislative Branch ◦ Article I – bicameral Congress – two chambers – House & Senate Executive Branch ◦ Article II – led by a president chosen by electoral college Judicial Branch ◦ Article III – judicial branch with Supreme Court

14. Checks and Balances Guard against tyranny and restrain irresponsible majorities Divide the authority of the government Shared Institutions  Checks & Balances ◦ Shared Legislative Powers: Congress checked by the president, Supreme Court ◦ Shared Executive Powers: President checked by Congress ◦ Shared Judicial Powers: Courts checked by the president, Congress

15. Judicial Review Power of the Supreme Court to determine if acts of Congress and the President are in accord with the Constitution Not specifically described in the Constitution Est. by Marbury v Madison (1803)

16. Constitutional Change Proposal: ◦ 2/3 vote in both houses of Congress ◦ National constitutional convention called by Congress by request of 2/3 of state legislatures (never been used) Ratification: ◦ By legislatures in ¾ of the states ◦ By conventions in ¾ of the states

17. Methods of Informal Change Congressional legislation Executive actions Judicial decisions Party practices Unwritten traditions

18. Change Over Time Jeffersonian Democracy ◦ Government belonged to all, not just elite Jacksonian Democracy ◦ Voters choose president through electoral college The Progressives ◦ Direct election of senators ◦ Delegates carry out wishes of the voters

19. VI Motives of the Framers A. Economic Interests B. Constitution & Equality

20. VII Constitutional Reform A. Reducing Separation of Powers B. Making system less democratic