1. The Founding Frank H. Brooks American Politics Summer 2006

2. 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has old structure  Legacy: need to know "why it was" to understand "what it is"  Vestiges: constraints posed by "outdated" structure

3. 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

4. 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

5. 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)

6. 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

7. 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)

8. 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

9. 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

10. 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)

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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”

17. 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