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The Founding Frank H. Brooks American Politics Summer 2006
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Why Study History in a Political Science Class? American government has old structure Legacy: need to know "why it was" to understand "what it is" Vestiges: constraints posed by "outdated" structure
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Political Uses of History “History shows that….” Account of founding confers legitimacy On government On particular policies Myth of Founding Critical possibilities A historical account of the Founding that emphasizes politics
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Articles of Confederation First National Constitution (1777/81-1789) Some accomplishments Won war against Britain Handled territorial conflicts between states Significant weaknesses Only one branch: Continental Congress Not respected by other countries No power to tax directly States imposed tariffs on each other & foreign goods States issued own currency i.e. states the center of political gravity
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How did the Articles Get Replaced? Peaceful change, but stirred controversy States lost power relative to national government Who wanted the change? Beard: Economic elites Roche: Emerging national political elite How did they get it? Years of complaint and conventions Shays’ Rebellion Philadelphia Convention (1787)
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Was the Constitutional Convention Legitimate? Consider political context & actions taken Not legitimate Convention proceedings secret Not broadly representative Overstepped authority Ratification procedure illegal under Articles Legitimate Actions politically necessary or expedient Ended up establishing stable government
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What were the motives of the “Founders”? The Charles Beard thesis motivated by own narrow economic interests Convention composed of economic elites Wrote Constitution addressing their economic grievances with the Articles Critique of Beard thesis Diversity of interests among delegates Downplays role of ideals (political and economic)
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The Politics of the Founding Who was involved? What did they want? How (and when) did they get it? Political Reform Caucus (John Roche) Economic and political elites Focused on dealing with contemporary problems of Articles government Operated by debate and compromise Aware of political resources and constraints
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Economic Powers in the Constitution New economic powers for national government central to change Federal taxation National monopoly on paper currency National monopoly on tariffs Post offices and post roads National army and navy (standing) Enforce contracts
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Political Disputes and Compromises Not all about economics Property Qualifications for Voting Common, strongly supported Dispute over amount and type of property Left voter qualifications up to states Connecticut (Great) Compromise Representation based on population (VA) Representation equal for each state (NJ) Both, with bicameral legislature (CT)
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Disputes over Slavery Why didn’t the Constitution written in 1787 abolish slavery? “Fugitive slave” provision Three-Fifths Compromise Slave Trade In short: Economic interest (rights of property) Political necessity Racism
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Political Principles in the Constitution I Republic v. Democracy Consent Basis of legitimacy in a republic Not necessarily stabilizing Contract defines terms of consent How is Consent Expressed? Direct expressions problematic Obedience and “tacit” consent weak Voting give voice without “too much” participation
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Political Principles in the Constitution II Representation Voters choose representatives to make decisions Key difference between republic & democracy Majority Rule Not rule by the (majority of the) people Decisions (by, for) representatives determined by majority Democratic tendencies
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Political Principles in the Constitution III Limited Government Response to dangers of republic (devolving into democracy) Rooted in Locke: rational individuals will only consent to a limited government Strategies for Limiting Government Power Structural Substantive
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The Struggle for Ratification Political Context (September 1787) Constitution not imposed nor accepted with universal acclaim Opponents raised serious objections Who ratified? Early Successes (Sept. 1787 – Feb. 1788) Five states ratified by January 1788 Massachusetts ratified Feb. 1788 by 187-168
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Supporters and Critics of the Constitution Federalist Papers Begun in fall 1787 to defend/explain the Constitution Key authors Hamilton (NY) and Madison (VA) Key Criticisms “Anti-Federalists” objected broadly to powerful national government Centralization of power National government unaccountable to the people No “Bill of Rights”
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How We Got the Bill of Rights Not part of original draft of Constitution Its inclusion a key demand of Anti- Federalists Federalists struck a deal to get delegate votes for ratification Pressure can effect change (even) in a republic
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