1. The Constitution

2. Making the Constitution American colonies united under the Articles of Confederation Constitutional Convention met to address defects in the Articles – Instead, wholly new Constitution proposed Controversial constitution – Some saw it gave too much power to national government Goal was liberty – need to protect liberties within Constitution – Liberties based on natural rights ordained by nature & history (and God) – Rights unalienable – cannot be taken away & not based on preferences of the governing body – Life, liberty, and property (later changed to “pursuit of happiness”)

3. Weakness of the Articles Effected 1781 as more of a league of friendship – Could not levy taxes or regulate commerce – Each state retained sovereignty & independence Congress did have power to make peace  ratified treaty with England in 1783 – Could also coin money – Appoint army officers – Run post office No national judicial system All 13 states had to agree to amend the Articles

4. Constitutional Convention Delegates assembled in Philadelphia to revise the Articles Took 4 months & wrote new constitution Primary goal of protecting liberty, but no initial political theory to dictate what type of government would guarantee liberties & rights – Wanted protection against a tyrant – Looked at state constitutions for examples – Created new government unlike any that existed before – Strong enough to preserve order but not strong enough to threaten liberty

5. Two Plans Virginia Plan – Strong national government with 3 branches (legislative, executive, & judicial) – National legislature would have supreme powers on all matters on which separate states were not competent to act, as well as power to veto state laws – At least one house of the legislature would be elected directly by the people New Jersey Plan – Smaller states feared representation based on population – Each state would have 1 vote Great Compromise – House of Representatives apportioned based on population & elected by the people – Senate consisting of 2 senators from each stat to be chosen by the legislature An amendment would change this to popular election

6. Constitution & Democracy Intended to create a republic – government in which a system of representation operates State legislatures would choose senators Electors choose president Judicial Review also limited power of popular majorities – Declare laws unconstitutional

7. Key Principles Federalism – political authority divided between national and state governments – Enumerated Powers – listed specifically for the national government Declare war, print money, make treaties, conduct foreign affairs, regulate commerce among state s& foreign nations – Reserved Powers – rights given to the states Issue licenses, regulate commerce within states – Concurrent Powers – shared between national & state governments Collect taxes, build roads, borrow money, have courts Separation of Powers – political powers shared by 3 branches of government – Executive – President – Legislative – Congress – Judicial – Supreme Court – System of checks & balances to ensure none gets too much power

9. Reading the Constitution Preamble Article 1: Legislative Branch Article 2: Presidency Article 3: Judiciary Article 4: States Article 5: Amendment Process Article 6: Legal Status of the Constitution Article VII: Ratification Signers Amendments 1-27

10. Separating Power Need to separate powers based in experience with England & Articles of Confederation – People will seek own advantage out of politics – If self-interest is unchecked, people will exploit others Could have sought to cultivate similar mindset among Americans – Promote frugality, industry, temperance, simplicity, etc. – Would require government too strong & thus too dangerous to liberty Instead, harness self-interest as source of unity and guarantee of liberty – Divide new offices of government – Give each office necessary means & motives to resist encroachments of others – Ambition must be made to counteract ambition

11. Checks & Balances Separate institutions share powers Each can partially check the powers of others Congress – Check President Refuse to pass bill Pass law over presidential veto Use impeachment powers Refuse to approve presidential appointment (Senate) Refuse to ratify treaty the president signed (Senate) – Check Federal Courts Change number & jurisdiction of lower courts Use impeachment to remove judge Refuse to approve a person nominated to be a judge (Senate) President – Check Congress by vetoing a bill it has passed – Check federal courts by nominating judges Courts – Check Congress by declaring a law unconstitutional – Check president by declaring actions by him or his subordinates unconstitutional or not authorized by law Other informal checks – President withhold information from Congress – Congress mounts investigations

12. Federalism Divide power between state government & national government – Provide double security to rights of people – Check one another Good for America, according to the framers of the Constitution – Many factions would seek own advantage – One faction might dominate part of government in one place, but not all of government – Gives factions ability to gain some – but not all – power

13. Dual Federalism – views the constitution as giving a limited list of powers to the national government, leaving the rest to sovereign states Primarily foreign policy & national defense Each level of government is dominant in its own sphere Supreme Court mediates between national gov’t and states Cooperative Federalism – stresses federalism as a system of intergovernmental relations in delivering governmental goods and services to the people cooperation among various levels of government Marble Cake Federalism – all levels of government are involved in a variety of issues and programs Competitive Federalism – National government, 50 states, and local governments compete with each other to put together services and taxes Permissive Federalism – state’s share of power rests upon the permission of the national government

14. Federalists vs. Antifederalists Federalists – supporters of the Constitution & a strong national government Antifederalists – opponents of the Constitutions who favored weaker national government – Supported states’ rights – James Winthrop, Melancton Smith, Patrick Henry, George Mason, + yeomen farmers in rural areas – Biggest threat to future of US = potential for the government to be corrupt & seize more and more power Very real threat (British legacy) Didn’t want tyranny – The proposed Constitution threatened a road of political corruption Presidential veto power disturbing Court system seemed likely to encroach on local courts Lower house of legislature small, likely to be filled with elites Wouldn’t really know constituents Thought Congress would pass oppressive taxes enforced by a standing army

15. Anti-Federalists cont’d Main issue: Liberty – Antifederalist view: liberty can only be secured in small republics where rulers were physically closed to & checked by the ruled Strong national government would be distant & use powers to annihilate or absorb states’ functions Thought nation needed to be a loose confederation of states – If a strong national government was created, it should have more restrictions than those in the Constitution – Wanted a Bill of Rights in the Constitution James Madison refuted critics in Federalist No. 10 and No. 51 – Liberty is safest in large republics with many opinions & interests, which makes it hard for tyrannical majority to form or organize – Coalitions would have to form so different interests could rule – Suggested national government should be at some distance from the people & insulated from momentary passions – people didn’t always want to do the right thing

17. Federalist No.51 James Madison – 1788 Defends system of checks & balances in the Constitution Each branch has power to check other two branches Each branch dependent on the people Also discusses how republican government serves as a check on the power of factions & tyranny of the majority – Rights of individuals will be in little danger from interested combinations of the majority – Example: Would you feel safer having a “different” opinion in a small town or a big city? Preserve liberty by ensuring justice

18. Modern Views of Constitutional Reform Improvement a debate since ratification Two types of critics: – Think federal government is too weak Centralists like strong national government – Think federal government is too strong Decentralists like more power in state governments

19. Reducing Separation of Powers Gridlock problem – Nation faces challenges that require prompt, decisive, and comprehensive action – Face long delays & bargaining from Congress – Need president to be able to formulate & carry out policies free from pressures & delays from interest groups and members of Congress Would increase presidential authority & help voters hold president & his part account able for their actions Changes could make matters worse or have uncertain effects – Weaken political parties – Perpetual political campaigning – Longer presidential term w/o reelection could make them less concerned about what the American people want

20. Proposals to Reduce Separation of Powers Allow president appoint members of Congress to serve in the Cabinet Allow president to dissolve Congress & call for special election Allow Congress to require president to face country in special election Require presidential & congressional candidates to run as a team in each congressional district Have president serve single 6-year term instead of two 4-year terms Lengthen terms of House of Representatives from 2 to 4 years Proposed actions would make American system more like the British parliamentary system – Prime Minister is leader of the majority in the British Parliament – Has Britain done better in dealing with problems of economic growth, national security, and environmental protection?

21. Making the System Less Democratic Government does too much, not too little Democracy can produce bad results if gov’t caters to special-interest claims of citizens rather than long-term values Political system now attends to individual wants, not general preferences – Farmers, industry, elderly, students, etc. – Campaign by promising to do more for dissatisfied groups Propose constitutional amendment limiting the amount of money the government could collect in taxes or require a balanced budget – Could be overridden by Congress – Not apply in wartime – Force Congress & president to look at the big picture – spending – not just to operate the adding machine – Have to allocate spending among rival claimants Enhance presidential power to block spending by giving a line-item veto – Veto a particular part of the bill & approve the rest – Many governors have this power Devise set of laws or amendments to narrow authority of federal courts

22. Devolution Revolution Effort to slow growth of federal government by returning many functions to the states

23. Summation of Constitution Framers sought to protect liberty & order Constitution combined popular consent, separation of powers, and federalism Prevent tyranny National and state governments had independent authority Ensure neither large nor small states would dominate national government Struggle for ratification based on differences of opinion on whether state or national government would be best protector of personal liberty