1. Unit 1: Introduction & U.S. Constitution
Lecture & Discussion 2: Constitutional Theory

2. Objective
To identify the political philosophy of the framers and understand its impact on the writing of the U.S. Constitution

3. Do Now Respond to the prompts. What is the “New Government?”
What is its underlying flaw?
Provide evidence to support your answer.

4. A. The Real Revolution
Revolutionary war was not simply about independence, no “taxation without representation,” and payment of war debt
Goal was liberty
Colonists believed English constitution denied unalienable rights ordained by God: life, liberty, and property (pursuit of happiness)
Shared a new vision of legitimate government that secured personal liberties

5. B. The Failed Constitution
Articles of Confederation
created a “league of friendship” among States granting too few powers to central government resulting in a weak union

6. B. The Failed Constitution
Lessons of Experience
State constitutions embodied principle “rule by the people” creating internal dissention
Shays’ Rebellion: MA governor powerless to put down uprising of ex-Revolutionary War soldiers attempting to prevent foreclosure of farms due to high interest rates and taxes

7. C. Challenge at Convention
Striking a Balance in Government
delegates remained committed to liberty
dilemma was to devise a government strong enough to maintain order, but not so strong that it would threaten liberty
Madison: “In framing a government which is to be administered by men over men, the great difficult lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.”

8. C. Challenge at Convention
Federalists View
“nationalists” favored a strong government that would create a republic of the people to guard against factionalism by dispersing tyrannical majorities
Philosopher
Political Idea
Framer
Hobbes
order in society
Hamilton
Montesquieu
separation of power
Madison

9. C. Challenge at Convention
Federalists View
Articles of Confederation too weak as stronger federal institutions needed to protect the people from threats domestic and abroad
horrified by rebels who took law into own hands and violated property rights of others and paranoid country slipping into anarchy
Washington: “If Shays and his men have real grievances, redress them; if not, employ the forces of government against them.”

10. C. Challenge at Convention
Andi-Federalists View
“states-righters” feared big government and felt liberty only secure in small societies governed by direct democracies
Philosopher
Political Idea
Framer
Locke
natural rights
Jefferson
Rousseau
consent of the governed
Paine

11. C. Challenge at Convention
Anti-Federalists View
Articles of Confederation might be flawed, but should be reformed not completely scrapped
recognized need for stronger government after Shays’ Rebellion, but paranoid about centralized rule creeping back into the picture
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”

12. D. Proposals for New Government
Virginia Plan
a proposal for a strong national government organized into three branches – the legislative, executive and judicial
national legislature composed of two houses based on size of States population
chief executive and members of judiciary chosen by the legislature

13. D. Proposals for New Government
New Jersey Plan
a proposal to create a weak national government by leaving much of Articles intact
national legislature composed of one house with each state having one vote
Congress would remain a creation of the State governments

14. E. “Bundle of Compromises”
Great Compromise
House of Representatives: apportioned among states based on size of population and elected by the people
Senate: two senators from each state chosen by state legislatures
Connecticut Compromise reconciled the interests of small and large states to ensure support for a strong national government

15. E. “Bundle of Compromises”
Three-Fifths Compromise: an agreement that allowed slaves to be counted as 3/5th’s of a person to resolve debate over size of population in southern states
Commerce and Slave Trade Compromise: an agreement that protected the commercial interest of southern states which forbade Congress to tax exports and act on the slave trade for a period of twenty years

16. E. “Bundle of Compromises”
Massachusetts Compromise: an agreement to resolve the controversy of Federalists and Anti-Federalists and ensure ratification of the Constitution by adopting first ten amendments