1. Copyright © Houghton Mifflin Company. All rights reserved.2 | 1

2. Chapter Two The Constitution

3. Copyright © Houghton Mifflin Company. All rights reserved.2 | 3 John Locke "...he that will not give just occasion to think that all government in the world is the product only of force and violence, and that men live together by no other rules but that of beasts, where the strongest carries it...must of necessity find another rise of government, another original of political power..." ---from The Second Treatise of Civil Government

4. Copyright © Houghton Mifflin Company. All rights reserved.2 | 4 John Locke Oxford scholar, medical researcher and physician, political operative, economist and ideologue for a revolutionary movement Born August 29,1632 The Two Treatises of Civil Government published in 1690 Died in 1704

5. Copyright © Houghton Mifflin Company. All rights reserved.2 | 5 John Locke State of Nature (people still have natural rights) In a natural state, natural rights would be disrupted by a majority To guarantee rights are protected: –People enter into a social contract with government

6. Copyright © Houghton Mifflin Company. All rights reserved.2 | 6 John Locke People concede some natural rights in exchange for government power to defend them If government does not protect their rights, the people can overthrow the government

7. Copyright © Houghton Mifflin Company. All rights reserved.2 | 7 John Locke In his philosophy, government is FOR the people Government is not necessarily OF or BY the people

8. Copyright © Houghton Mifflin Company. All rights reserved.2 | 8 Thomas Jefferson Jefferson and later the Framers base their ideas on Locke’s ideas, but also differ with him The power of government flows from the people People make choices about government

9. Copyright © Houghton Mifflin Company. All rights reserved.2 | 9 Thomas Jefferson People watch government to see if it is doing what they want it to do (specifically: protecting their rights) The unalienable kind: –Life –Liberty –Pursuit of Happiness

10. Copyright © Houghton Mifflin Company. All rights reserved.2 | 10 Declaration of Independence Signers of the Declaration were engaging in an act of treason, and would have faced death by hanging and drawing and quartering if the Revolution had been lost. “We must all hang together, or assuredly we shall all hang separately.” –B–Ben Franklin

11. Copyright © Houghton Mifflin Company. All rights reserved.2 | 11 Declaration of Independence – The Colonial Mind Colonists were focused on traditional liberties –1.The right to bring legal cases before independent judges –2.The right to not have to quarter troops in their homes –3.The right to trade without burdensome restrictions –4.The right to pay no taxes which they had not had direct representation in establishing –5.They came to see independence as possible because they had lost confidence in the English constitution

12. Copyright © Houghton Mifflin Company. All rights reserved.2 | 12 Declaration of Independence It’s a list of 27 paragraphs of wrongs. Not social or economic wrongs, –Political liberties that were denied or taken away by the king Specific complaints against George III for violating inalienable rights

13. Copyright © Houghton Mifflin Company. All rights reserved.2 | 13 Declaration of Independence “When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.”

14. Copyright © Houghton Mifflin Company. All rights reserved.2 | 14 Declaration of Independence “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. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.”

15. Copyright © Houghton Mifflin Company. All rights reserved.2 | 15 Declaration of Independence “That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; …”

16. Copyright © Houghton Mifflin Company. All rights reserved.2 | 16 A New Government Declared their new government a republic –Government without a monarchy Rooted in the consent of the governed Power exercised by representatives responsible to the governed American colonial leaders were fearful of democracy –Democracy was associated with mob rule and instability

17. Copyright © Houghton Mifflin Company. All rights reserved.2 | 17 Articles of Confederation The real revolution –1. The “real” revolution was the radical change in belief about what made authority legitimate and liberties secure –2.Government exists by consent of the governed, not by royal prerogative

18. Copyright © Houghton Mifflin Company. All rights reserved.2 | 18 Articles of Confederation –The real revolution 3.Political power exercised by direct grant of power in a written constitution 4.Human liberty exists prior to government and government must respect liberty 5.Legislative branch created as superior to executive branch because the legislature directly represents the people

19. Copyright © Houghton Mifflin Company. All rights reserved.2 | 19 A New Government- Pacifying those who feared the loss of liberty Articles of Confederation –Confederation an alliance or compact a loose association of independent states that agree to cooperate on specified matters How does it work? Each state retains sovereignty: it has supreme power within its borders. The central government can only coordinate, not control, the actions of the sovereign states. Individual states are strong.

20. Copyright © Houghton Mifflin Company. All rights reserved.2 | 20 Weaknesses of the Articles of Confederation Could not levy taxes or regulate commerce Sovereignty, independence retained by states One vote in Congress for each state Nine of thirteen votes in Congress required for any measure Delegates to Congress picked, paid for by state legislatures

21. Copyright © Houghton Mifflin Company. All rights reserved.2 | 21 Weaknesses of the Articles of Confederation Little money coined by Congress Army small and dependent on independent state militias Territorial disputes between states led to open hostilities No national judicial system All thirteen states’ consent necessary for any amendments

22. Copyright © Houghton Mifflin Company. All rights reserved.2 | 22 Another way to illustrate failure… At least four reasons why the Articles failed 1.Did not give the national government the power to tax 2.Made no provision for an independent leadership position to direct the government 3.Did not allow the government to regulate interstate and foreign commerce 4.Any single state had the power to veto any changes to the Confederation.

23. Copyright © Houghton Mifflin Company. All rights reserved.2 | 23 Disorder under the Confederation Shays’s Rebellion: insurrections by MA farmers, prompted by high interest rates and high state taxes, in 1786–1787 Rebellion demonstrated the impotence of the Confederation and the need to maintain order. Shays’s Rebellion (MA) brought fear that states were about to collapse from internal dissension (we’ve got in debt farmers in our state too)

24. Copyright © Houghton Mifflin Company. All rights reserved.2 | 24 What was the impact of the current events of the time? 1.State constitutions –a) Pennsylvania: radically democratic, but trampled minority rights—government was too strong (Quakers couldn’t vote, persecuted conscientious objectors, ignored trial by jury requirements, manipulated the judiciary) –b) Massachusetts: less democratic: directly elected governor, but electors and officials had to own property; clear separation of power

25. Copyright © Houghton Mifflin Company. All rights reserved.2 | 25 The Constitutional Convention The Framers (55) attending: men of practical affairs, including Continental army veterans and members of the Congress of the Confederation An entirely new constitution was written, although gathering was authorized only to revise Articles Primary concern was with defense of liberty as a natural right (Lockean reasoning)

26. Copyright © Houghton Mifflin Company. All rights reserved.2 | 26 Plans and Compromises The Virginia Plan –National legislature with supreme powers –One house elected directly by the people The New Jersey Plan –One vote per state –Protect small states’ interests The Great Compromise –House of Representatives based on population –Two senators per state, elected by state legislatures

27. Copyright © Houghton Mifflin Company. All rights reserved.2 | 27 Key Principles of Government Founders did not intend to create a direct democracy Popular rule only in House of Representatives Separation of Powers: between branches Federalism: power divided between national and state governments

28. Copyright © Houghton Mifflin Company. All rights reserved.2 | 28 Three Categories of Powers Enumerated powers : given to national government exclusively; include power to print money, declare war, make treaties, conduct foreign affairs Reserved powers : given to states exclusively; include power to issue licenses and to regulate commerce wholly within a state Concurrent powers : shared by both national and state governments; include collecting taxes, building roads, borrowing money, having courts

29. Copyright © Houghton Mifflin Company. All rights reserved.2 | 29 The Antifederalist View Liberty could be secure only in small republics Nation needed, at best, a loose confederation of states with most of the power wielded by the state legislatures If there was a strong national government, there should be many more restrictions on it

30. Copyright © Houghton Mifflin Company. All rights reserved.2 | 30 Federalist Papers 10 and 51 Coalitions were more likely to be moderate because they would represent a diversity of interests Governments should be somewhat distant from the passions of the people No bill of rights was necessary

31. Copyright © Houghton Mifflin Company. All rights reserved.2 | 31 Map 2.2: Ratification of the Federal Constitution by State Conventions, 1787-1790

32. Copyright © Houghton Mifflin Company. All rights reserved.2 | 32 The Constitution and Slavery House of Representatives Apportionment: 3/5 Compromise Congress could not prohibit slave trade before 1808 Fugitive Slave Clause

33. Copyright © Houghton Mifflin Company. All rights reserved.2 | 33