1. What is the Purpose of Government ????
To Bring Order to Chaos
To Lead People
To Protect Rights
To Interpret Laws
Others????

2. Democracy “Rule by the People”
Supreme political authority rests with the people
People have Sovereign Power
Government is Only Conducted with the People’s Consent
Direct Democracy vs. Indirect Democracy

3. Types of Government Confederacy Unitary Federal
All power in a central authority
British Parliament
Federal
Division of Power between central, state, local, etc
The United States
Confederacy
Little power at center, power shared by the states
Confederate States of America, AOC

4. Our English Heritage
Magna Charta (1215)
Petition of Rights (1628)
English Bill of Rights (1689)

5. Political Thoughts John Locke Rousseau Montesquieu
(1690) “First and Second Treatises on Government”
“Everyone has the right to life, liberty, and property”
“People create government and empower a ruler with the consent of the people”
‘Power to govern comes from the people”
“Social Contract” idea
Rousseau
“People give up some freedom in favor of the needs of the majority”
Montesquieu
Division of powers in government
System of checks and balances

6. Government in the American Colonies
The Mayflower Compact
Fundamental Orders of Connecticut
Representative Governments of the Colonies
Albany Plan in 1754 (for all 13 colonies)
Voted down

7. Ideas Concerning Government
“Natural Rights” from God
Popular Consent
Popular Sovereignty
Majority Rule

8. Events Leading to Independence
Stamp Act Congress (1765)
Boston Massacre (1770)
Boston Tea Party (1773)
First Continental Congress (1774)
Second Continental Congress (1775)
Declaration of Independence (1776)
State Constitutions were written to replace Royal Charters

9. Articles of Confederation (1781)
Weaknesses
No ability to levy and collect taxes
No ability to regulate commerce
No ability to conduct a military draft
No ability to enforce acts of
Congress
No national judiciary system
Nine states need to pass laws
All 13 to amend AOC
Strengths
Congress could negotiate peace
Could coin money
Defeated Great Britain
Northwest Ordinance created

10. Constitutional Convention
Shays’s Rebellion (1787)
Revision of the Constitution by 55 men
Madison, Hamilton, Franklin present
How do we create a government strong enough to preserve order but not so strong that it would threaten liberty?

11. The Plans Virginia Plan (large states) New Jersey Plan (small states)
The Great Compromise (Conn. Compromise)
House of Representatives based on population and elected by the people
Senate consisting of TWO senators from each state chosen by the state legislatures
Electoral college selects the President
Supreme court selected by the President and confirmed by the Senate
September 17, 1787 approved and sent to the states for confirmation
Note: 3/5th compromise on slavery issue (taxation and population)
Note: Slavery legal, International slave trade to be abolished in 20 years

12. The Constitution and Democracy
Never mentioned a democracy – “republic”
HOR – chosen by the people
Senate – chosen by the state legislatures
President not directly elected
Amending the Constitution difficult (Art. V)

13. Key Principles of the Constitution
Federalism– Division of Powers
Enumerated Powers – Nat. Gov’t Only
Print money
Declare War
Make treaties
Conduct foreign affairs
Regulate interstate commerce
Reserved Powers– State Gov’t Only
Regulate intrastate commerce
Issue licenses
Concurrent Powers– Both do
Collect Taxes, Build Roads, Borrow Money, Courts

14. Government and Human Nature
Self-Interest
Madison in Federalist No. 10
“If men where angels , government not necessary”
Self-Interest checks tyranny
Factions couldn’t get total power
Separation of powers or division of powers would protect democracy

15. Federalists vs. Antifederalists
Will the Constitution create a system of government that will respect personal liberties?
Federalists – supported ratification of the Constitution
Antifederalists – against ratification

16. Antifederalist View Liberty Small republics secured liberty
Rulers closely checked
Feared a strong central government
Power needed to be in state legislatures
Add a Bill of Rights to the Constitution

17. Federalist Views Madison, Hamilton, Jay
Madison’s response in Federalists No. 10 & 51
“Liberty is safest in large republics”
“Factions” or “Self-Interest” can be checked in large republics
No Bill of Rights needed

18. Rights Protected in Constitution
Writ of Habeas Corpus (before judge)
No “bills of attainder” (guilty w/o trial)
No “ex post facto laws” (act now criminal)
Right by trial in criminal cases
No religious tests for federal office
Same rights as other states
Contract law

19. Summary for No BOR Needed
Constitution already protects
States already had bills of rights
Framers thought that central government already had specific rights.

20. Ratification Smaller states quickly ratified
By June 21, 1788 ninth state ratifies
Tough battle especially in NY
By 1790, all 13 had ratified
Promise of a BOR
First Ten Amendments (1791)
BOR – limited the power of the federal government.
14th amendment applied BOR to state government action.

21. Slavery and the Constitution
3/5ths Compromise
International Slave Trade

22. Economic Interests Charles Beard – government IOU’s
Challenged by others
States’ interests most important

23. Constitutional Reform
Reducing the Separation of Powers
Congressional Gridlock??
Presidential Weakness???
Term Limits
Term Limits on Congressmen are NOT 10th Amed right
U.S. Term Limits, Inc v. Thornton (1997) ruled unconstitutional
Line-Item Veto
Clinton (1996) only on financial matters
Clinton v. New York (1998) ruled unconstitutional