1. Constitutional Democracy: Promoting Liberty and Self Government
Chapter 2

2. Before the Constitution: Colonial and Revolutionary Experiences
Early Americans’ admiration for “limited government” stemmed from their British Heritage.
The “rights of Englishmen” included a limited monarchy, The English Bill of Rights, Parliament which shared power with the king.
The Road to Revolution: American colonists didn’t like the way they were treated.

3. Before the Constitution: Colonial and Revolutionary Experiences
Declaration of Independence
A call to revolution—liberty, equality, individual rights, self-government, lawful powers
Philosophy of John Locke
Inalienable (natural) rights: life, liberty, and property
Social contract: government has responsibility to preserve rights
Thomas Jefferson
“All men are created equal”
Just powers derive from the consent of the governed

4. Before the Constitution: Colonial and Revolutionary Experiences
Articles of Confederation
Adopted during the Revolutionary War
Created weak national government that was subordinate to the states
States retained “sovereignty, freedom and independence”
Prohibited Congress from interfering in states’ commerce policies
Prohibited Congress from taxation
Examine the above list. What were the weaknesses of the Articles of Confederation?

5. Weakness of the Articles of Confederation
Each state was given one vote in Congress
There was no judiciary and no executive
9 of 13 states needed to vote in favor for legislation to pass
13 states needed to approve amendments

6. Before the Constitution: Colonial and Revolutionary Experiences
Annapolis Convention
Maryland and Virginia invite other states to convention to amend A. of C. (5 states attend…could they do anything?
Shays Rebellion, 2,000 farmers march on court houses in W. Mass. To prevent farm foreclosers. Federal government can not respond. (No money, no troops.)
Motivated Congress to authorize a convention in Philadelphia to revise Articles of Confederation

7. Constitutional Convention
Delegates to the Philadelphia constitutional convention ignore the instructions of Congress, and draft an entirely new government rather than revise the Articles of Confederation.

8. Negotiating Toward a Constitution
The Great Compromise: a two-chamber Congress
Virginia (large-state) Plan
Representation based on population number
Greater power to larger states
New Jersey (small-state) Plan
Each state would have one vote
Equal power to large and small states
Great Compromise: two-chamber Congress
House of Representatives: proportional representation
Senate: equal representation

9. Negotiating Toward a Constitution
The Three-Fifths Compromise: issues of slavery and trade
Congress agreed not to tax exports, only imports
Congress agreed not to outlaw slavery
Three-Fifths Compromise: three-fifths of enslaved population counted for apportionment of taxes and political representation

10. African Americans as a Percentage of State Population, 1790

11. Negotiating Toward a Constitution
A strategy for ratification
Congress had stated that any proposed changes to the A.o.C. Would have to be agreed to by Congress and then confirmed by all states
Framer’s: The Constitution would be ratified if 9 of 13 states approved at ratifying conventions. (Delegates were elected by popular vote.)

12. The Ratification Debate
Federalists: proponents of the Constitution
The Federalist Papers: Alexander Hamilton, James Madison, John Jay
Anti-Federalists: against a strong national government

13. Major Goals of The Framers of the Constitution

14. Protecting Liberty: Limited Government
Grants and denials of power
Grants:
Limit government by stating specific powers in the Constitution
Total of seventeen powers
Denials:
Limit government by stating specific prohibitions in the Constitution
Constitution difficult to amend

15. Constitutional Provisions for Limited Government

16. Protecting Liberty: Limited Government
Using power to offset power
Montesquieu’s concept of separation of powers
Madison’s Federalist No. 10 and the problem of overbearing majorities
The framers’ special contribution: separate but overlapping powers

17. Protecting Liberty: Limited Government
Separated institutions sharing power: checks and balances
Separation of powers: divide powers of government
Shared institutions—checks and balances
Shared legislative powers: Congress checked by the president, Supreme Court
Shared executive powers: president checked by Congress, Supreme Court
Shared judicial powers: courts checked by the president, Congress

18. The System of Checks and Balances

19. Protecting Liberty: Limited Government
Bill of Rights
First ten amendments to Constitution
Protects rights of citizens, such as:
Freedom of speech
Trial by jury of peers and legal counsel
Freedom of religion
Limits power of government

20. Protecting Liberty: Limited Government
Judicial review
Courts determine if governmental institution is acting within its constitutional powers
Established by Chief Justice John Marshall in Marbury v. Madison (1803)

21. Providing for Self-Government
Democracy versus republic
Framers feared the overbearing power of the majority in a democracy
Framers preferred concept of a republic, where people rule through elected representatives
Majority rule in a republic is limited to protect minority rights

22. Providing for Self-Government
Limited popular rule
People participate indirectly in process of government through election of officials
Indirect election of president through Electoral College
Indirect (initially) election of senators
Federal judiciary appointed, not elected

23. 6 Principles of the Constitution
Separation of powers
Checks and balances
Federalism
Popular Sovereignty
Limited Government
Judicial Review
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24. Methods of Choosing National Leaders

25. Providing for Self-Government
Altering the Constitution: more power to the people
Jeffersonian democracy
Government belonged to all, not just elite
Jacksonian democracy
States give electoral votes to winner of the popular vote
The Progressives
Direct election of senators; referendums and initiatives
Delegates carry out wishes of the voters

26. Measures Taken to Make Government More Responsive to Popular Majorities

27. Constitutional Democracy Today
Constitutional: power gained through elections to be exercised in accordance with law and with due respect for individual rights
Democratic: provides for majority influence via elections
Republic: mix of deliberative institutions, each of which moderates the power of the others