1. Chapter 2
THE CONSTITUTION

2. GOAL OF AMERICAN REVOLUTION
Liberty

3. Liberty Bring cases before truly independent judge
NO troops quartered in their homes
Trade without burdensome restrictions
NO taxes unless represented
No confidence in English Constitution

4. COLONISTS
MOST POLITICANS
TEND TO BE
CORRUPT

5. "HIGHER LAW"
“Natural Rights”
John Dickinson – “are born with us; exist with us: and cannot be taken away from us by Human Power.”
Life, Liberty, property

6. THE Real Revolution
“radical change in principles, opinions, sentiments, and affections of the people”
Consent of the Governed

7. Articles of Confederation

8. Articles of Confederation
1781
Created little more than a “league of friendship”
Called for a Weak Central Government called Congress

9. Articles of Confederation
Under the A.O.C
Central government could not levy taxes; or regulate commerce
Government could coin money but there was little precious to coin
National government could appoint key army officers; but the army was small and dependent on support on independent state militias

10. Articles of Confederation
Under the A.O.C
There was no national judicial system to settle disputes among various states
To amend the A.O.C all 13 states had to agree.

11. Articles of Confederation
John Hancock never showed up for the job of being the President while the Articles of Confederation were in operation.

12. Shay's Rebellion
1787 – a group of Ex-Revolutionary war soldiers, plagued by debt and high taxes.
They forcibly prevented the western Massachusetts courts from sitting
Name after Daniel Shay

13. Thomas Jefferson: “a little rebellion now and then is a good thing.”
Shay's Rebellion
Thomas Jefferson: “a little rebellion now and then is a good thing.”
“The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants

14. Constitutional Convention
Philadelphia 1787
Revise the Articles
Objective
Protect life, liberty, and property

15. Constitutional Convention
Studied the Pennsylvania constitution
Most radically democratic of the new state regimes
All power given to a one house (unicameral) legislature
No governor, or president just an Executive Council that had few powers

16. Constitutional Convention
Studied the Massachusetts constitution
A less democratic document
Separation of powers between the various branches of government
Directly elected governor
Judges served for life

17. Constitutional Convention
THE FRAMERS (24-25
55 Delegates attended the Convention
Rhode Island did not send anyone
Were to meet to amend the A.O.C but ended up writing another Constitution

18. English Philosopher whose ideas influenced the Framers
John Locke
English Philosopher whose ideas influenced the Framers
“Without government the strong can use their liberty to deprive the weak of theirs”
Consent of the Governed

19. John Locke
Locke believed that government should be limited and its goal is to protect liberty.

20. THE QUESTION?
How to devise a government strong enough to preserve order but not so strong that it would threaten liberty

21. James Madison
“…you must first enable the government to control the governed; and in the next place oblige it to control itself.”

22. Preserve Order But Not Threaten Liberty
Government Should:
Preserve Order But Not Threaten Liberty

23. Government to Control the Governed
Government to Control Itself

24. THE CHALLENGE
PAGES: 25-27

25. VIRGINIA PLAN
NEW JERSEY PLAN
GREAT COMPROMISE

26. THE CHALLENGE
George Washington was Presiding Officer of the Convention

27. THE CHALLENGE THE VIRGINIA PLAN
Called for a strong national union organized into three governmental branches – the legislative, executive, and judicial

28. THE CHALLENGE THE VIRGINIA PLAN:
The Legislature should be composed of two houses; the first house elected by the people; the second house would be nominated by the state legislatures

29. THE CHALLENGE THE VIRGINIA PLAN:
The president (executive) was to be chosen by the national legislature, as were the members to the national judiciary
Judiciary could veto acts of the legislature
Veto could be overridden by the legislature

30. THE CHALLENGE THE VIRGINIA PLAN: TWO MAIN FEATURES
A national legislature would have supreme powers on all matters on which the separate states were not competent to act, as well as the power to veto any and all state laws
At least one house shall be elected directly by the people

31. THE CHALLENGE THE NEW JERSEY PLAN:
Small state: worried that representation in both Houses of Congress would be based on population
This plan, enhanced the power of the national gov., but wanted to keep A.O.C idea of each state having only one vote
New Jersey Plan may have had better chance if it were discussed before the Virginia Plan

32. THE CHALLENGE THE VOTE: 7 states preferred the Virginia Plan
3 states the New Jersey Plan
And one state was split

33. THE CHALLENGE THE COMPROMISE: The Great Compromise
Sometimes called the “Connecticut Compromise”
House of Representatives: based on population and elected directly by the people
Senate: two senators from each state, chosen by the state legislatures not directly by the people

34. THE CHALLENGE OTHER COMPROMISES Electoral College
4 year term limits for president and can run as many times as want to
Supreme Court Justices nominated by President confirmed by 2/3 vote of Senate

35. THE CONSTITUTION AND DEMOCRACY
PAGES: 27-30

36. THE CONSTITUTION AND DEMOCRACY
The Framers did not intend to create a “pure democracy” – where the people rule directly
The Framers thought that a government ruled directly by the people would be subject to temporary popular passions and where minority rights would be insecure

37. THE CONSTITUTION AND DEMOCRACY
The Framers intended to create a republic.
Republic – a government in which elected representatives make the decisions

38. Eliminating the Popular Majority
Electoral College – direct popular election of the president would have made more populous states the dominant ones
Judicial Review – Supreme Court to declare an act of Congress unconstitutional
Way of limiting power of a popular majority

39. Amendment
Proposed
2/3 vote of both houses of congress
OR….
National convention called by congress at request of 2/3 of the states

40. Amendment
Ratify
Three-fourths of the state legislatures approve it
Ratifying conventions in three-fourths of the states approve it
Chart page 42

41. Political authority divided between a national and state government
Federalism
Political authority divided between a national and state government
Enumerated Powers: National Gov Exclusively
Reserved Powers: State Gov Exclusively
Concurrent Powers: Shared by both

42. Government and Human Nature
Pages: 29-30

43. Government and Human Nature
People will seek their own advantage in and out of politics
Worried our nature has us exploit others
James Madison argued that the very self-interest that leads people toward factionalism and tyranny might, if properly harnessed by appropriate constitutional arrangements, provide a source of unity and a guarantee of liberty

44. Government and Human Nature
Divide offices of the government
Separation of Powers would work to solve the problems of human nature

45. The Constitution and Liberty
Pages: 30-37

46. Favored ratification of the Constitution
Federalists
Favored ratification of the Constitution
Favored powerful federal government
Bill of Rights were not needed

47. Opposed ratification of Constitution
Anti-Federalists
Opposed ratification of Constitution
Want a Weak federal government
Wanted Bill of Rights

48. Constitution & Slavery
Southern States
Wanted slaves counted as population to determine number of people in the House of Rep’s
Opposed counting slaves for the purpose of determining taxation

49. Constitution & Slavery
Northern States
Opposed counting slaves as population to determine representation in the House of Rep’s
Favored counting slaves for the purpose of determining taxation

50. 3/5 Compromise
3/5 of slaves counted as population in determining representation to the House of Representatives
3/5 of slaves would be counted for the purpose of determining taxation
3/5

51. Motives of the Framers
Pages: 37-40

52. Motives of the Framers
Charles A. Beard – a historian, published a book – An Economic Interpretation of the Constitution – He argued that the better-off urban and commercial classes, especially those members who held IOUs issued by the government to pay for the Revolutionary War, favored a new Constitution because they would benefit economically from it

53. Motives of the Framers ACTUALLY…
The economic system of the states from which the Framers came from had a greater effect on their votes than did their own monetary condition
But except with respect to slavery, they usually did not vote for their own economic interests

54. Motives of the Framers ECONOMIC INTERESTS & RATIFICATION
Delegates who were merchants, who lived in cities, who owned large amounts of western land, who held government IOUs, and who did not own slaves were more likely to vote to ratify the new constitution
Those who were farmers, who did not own public debt, and who did own slaves mostly opposed the new constitution

55. Motives of the Framers THE CONSTITUTION & EQUALITY
For the Framers of the Constitution the task was to keep government so limited as to prevent it from creating the worst inequality – political privilege
To modern observers, the task is to make government strong enough to reduce what they believe is the worst inequality – differences in wealth