1. The Constitution

2. The Shrine of the Constitution

3. Enlightenment Influence  John Locke, Second Treatise on Government: State of Nature = anarchy Government = contract to protect Natural Rights (Life, Liberty, Property) Right of Revolution if government threatens rights  Montesquieu, The Spirit of the Laws: Separation of powers into 3 branches would provide checks & balances between them & prevent tyranny Republics only work in small territory with homogenous population Charles de Secondat, Baron de Montesquieu

4. American View of Constitution  Normative - what ought to be, not what already exists  Actual representation, not virtual  Rights inherent in people, not granted by King  People are sovereign, not government

5. Problems  Slavery contradicted egalitarian rhetoric  Establishment of religion attacked by dissenters as taxation without representation  Problem of balancing government if there were no nobles or King Democracy seen as dangerous Deference to the best men was endangered

6. Economic Adjustment in the 1780s  Economic downturn after initial postwar buying spree  No national currency worthless Continentals State paper money British pounds & Spanish dollars  Shay’s Rebellion scared wealthy elites – suggested danger of democracy Virginia Currency Daniel Shays

7. 2 Groups of People  Localists: Poor, rural debtors Opposed to strong central government Favored paper money Not well-traveled or well-educated  Cosmopolitans: Wealthy, urban creditors Favored strong central government Favored “hard” money Well-traveled and well-educated

8. John Adams, Defense of the Constitutions of America:  Bicameral legislature with higher property requirement for upper house checks power of the masses  Independent executive with veto power checks legislative corruption  Independent judiciary keeps legislature honest

9. James Madison  Republics work best in large, diverse territory  Tyranny of the majority is greatest threat in a republic  Popular will refined through indirect elections  Aristocracy of merit

10. The Articles of Confederation  Drafted by John Dickinson & 13-man committee, June-July 1776  Passed by Congress in Nov. 1777; ratified by 8 states in 1778  Remaining states held out for abandonment of western land claims Western Land Cessions John Dickinson

11. The Articles of Confederation  Unicameral Congress, with each state receiving one vote  No executive or judicial branches  Could recommend laws and taxes to states, but could not enforce them  Amendments required unanimous approval by state governments

12. Northwest Territory

13. Areas of Agreement about the Powers the Central Government Needed  Power of direct taxation  Power to regulate interstate commerce  Power to call up militia and coerce states  Power to act militarily and diplomatically  Power to regulate state tender laws  National judiciary  Amendability without unanimity  Supremacy of national laws over state laws

14. Areas of Disagreement  Election and representation  Nature and power of executive  Extent of national government’s powers and state governments’ powers

15. The Virginia & New Jersey Plans  Virginia Plan: Bicameral legislature Representation based on population Strong, independent executive  New Jersey Plan: Unicameral legislature Equal representation for each state 3-man executive elected by legislature William Paterson Edmund Randolph

16. Roger Sherman’s Connecticut Compromise  Bicameral legislature  Representation in lower house (House of Representatives) based on population (census every 10 years)  Each state gets two representatives in upper house (Senate), who can act independently  New states come in on equal basis  Strong executive with veto power Roger Sherman

17. Compromises on Slavery 33/5 of slaves counted toward representation & taxation CCongress couldn’t ban slave trade for 20 years FFugitive Slave Clause required capture & return of escaped slaves NNorthwest Ordinance banned slavery in Northwest, but allowed in Southwest

18. Separation of Powers

19. Checks and Balances

20. Traditional Federalism

21. The Ratifying Conventions  Anti-Federalists’ Arguments: Too much power taken from sovereign states The President will become a King There’s no Bill of Rights like the states have  Federalists’ Responses: The people are sovereign – gave some power to states, others to national government Strong President needed to check strong Congress Bill of Rights unnecessary because Congress’ powers are enumerated, therefore limited Patrick Henry

22. Ratification