1. CREATING GOVERNMENT:
THE CONSTITUTION
CHAPTER 2

2. PROBLEM OF LIBERTY Goal of Am. Revolution was liberty
Colonists lacked rights as British subjects
English Constitution lacked legitimacy
After French and Indian War: “taxation without representation”

3. PHILOSOPHERS INSPIRE Montesquieu (1689-1755), The Spirit of Laws
Hobbes ( ), The Leviathan
Locke ( ), Second Treatise of Government
Rousseau ( ), The Social Contract
Thomas Paine ( ), Common Sense

4. DECLARATION OF INDEPENDENCE
No more divine right - elimination of royal prerogative
EVERYONE is equal
“self-evident”
MAJOR SCHISM
DOCUMENT
Philosophical basis
Grievances
State of Separation

5. Declaration of Independence
Based upon Locke’s conception of individual rights
life, liberty, right to own property
government as a social contract to protect individual rights
Outlines basic political philosophy of the new republic
Justifies rebellion against Britain

6. ARTICLES OF CONFEDERATION
Original plan for government (1st Constitution of US)
Authority laid with states
Congress of the Confederation
States had central authority over direction of country

7. FAIL!!! Supermajority (9 of 13) to pass a law
Article II – “Each state retains its sovereignty, freedom, and independence.” Gov’t has no control
Unicameral Congress (one house) with one vote per state
Supermajority (9 of 13) to pass a law
Supermajority (13 of 13) to amend
No Executive (No President), no central authority
No Federal Judiciary (No Supreme Court), no central law
No control of taxation, commerce between states or with foreign nations, money system
*Leads to Constitutional Convention and complete restructuring of American Government

8. Ratification Debates Anti-Federalists Federalist
Desired STRONGER state governments and WEAKER national government
Keep government in check maintain individual rights
Felt Americans were good, virtuous, and will participate
Federalist
Desired a STRONGER national government and WEAKER state governments
Already included:
Ex post facto
No bill of attainder
Habeas corpus
Felt Americans were good, but incompetent and will ruin country

9. Ratification Debates The Federalist Papers: Madison, Hamilton, Jay
Anti-federalist concerns:
constitution too aristocratic
large republic not feasible
possible tyranny of national government
no specific protection of rights
Madison promises the Bill of Rights after ratification

10. Bill of Rights First ten amendments to the federal constitution:
Restrain the national government from tampering with fundamental rights and civil liberties
Emphasize the limited character of the national government’s power

11. Constitution 1787 Framers needed to centralize power
Bridge between theory and reality
Divides the national government into three branches
Describes the powers of those branches and their connections
Outlines the interaction between the government and the governed
Describes the relationship between the national government and the states
Is the supreme law of the land

12. Great Compromise HOUSE OF REPRESENTATIVES SENATE
Representation in the House of Representatives would be apportioned according to the population of each state (initially consisting of 56 members)
Revenue-raising acts would originate in the House
SENATE
Each state would be represented equally in the Senate (2 each)
Senators would be selected by their state legislatures, not by direct popular election

13. Madisonian Model
Popular Sovereignty – power to govern belongs to the people, gov’t based on the consent of governed
Separation of Powers – division of gov’t between branches: executive, legislative and judicial
Checks and Balances – a system where branches have some authority over others
Limited Government – gov’t is not all-powerful, and it does only what citizens allow
Federalism – division of power between central government and individual states

14. FEDERALIST #10 Madison addressed biggest fear of gov’t
Faction – a group in a legislature or political party acting together in pursuit of some special interest (think fraction – ½, 1/3, etc)
Founding fathers were concerned that our government would be ripped apart
Separation of Powers check the growth of tyranny
Each branch of government keeps the other two from gaining too much power
A republic guards against irresponsible direct democracy or “common passions”
Factions will always exist, but must be managed to not severe from the system.