1. Origins of the American Republic

2. Sources of Constitution British Customs and Traditions (Magna Carta; 1215) European Philosophers States and their colonial experience

3. Enlightenment Philosophers Thomas Hobbes (1588-1679) Social-Contract Theory- People give up some rights to in exchange for peace/order John Locke (1632-1704) In state of nature all people were equal and enjoyed certain natural rights (“inalienable rights”) Baron de Montesquieu (1689-1755) Gov’t should be organized to prevent any one person or group from dominating others (Proposed 3 branches) Jean-Jacques Rousseau (1712-1778) Gov’t must be based on popular will of the people. If gov’t acts counter to this, it can be eliminated

4. Early U.S. Gov’t: The Articles of Confederation (A Failed Experiment)----1781-1791 Congress could not pass taxes to raise revenue ($$); U.S. in debt through loans France/Spain Each state had 1 vote in Congress All 13 states had to agree to amend Constitution Congress could not regulate trade (states passed taxes that impacted other states) No national army to deal with external threats

5. Constitutional Convention (May- Sept. 1787) Background: Articles of Confederation (Corrected Weak Central Government) Shay’s Rebellion (1786) Necessity of strong national gov’t

6. Principles of the Constitution Question: How do we create a more effective government than we had under the AOC, but limit the power of gov’t to prevent tyranny A: The Madisonian Model

7. Separation of Powers To Madison, tyranny was gov’t that controlled all three branches (argument for division of power) This diffuses power instead of concentrating it Danger of one branch combining forces with another (argument for checks and balances) Need for strong executive

8. Checks and Balances Fear of tyranny; distrust of government; meant to build inefficiency to prevent gov’t abuse of power 18 th century view of gov’t restraint combined with modern view of gov’t use for common good Each branch has check on other two Ex.: veto, appointment, veto override, treaty making, judicial review, commander-in-chief, law making Political Independence (no branch is dependent on other two) Staggering Terms (2yr, 6 yr., life appointment)

9. Limited Government Dillema: Wanting more effective gov’t, but limited gov’t to avoid tyranny Remedy:  Constitutional Gov’t- Only powers listed in Constitution  Bill of Rights: Safeguard against strong, distant federal government (10 th Amendment)  Free Elections (Potential of majority faction; Madison cautioned against this)

10. Rule of Law / Popular Sovereignty Established by the Magna Carta (which was written in 1215 limiting King John’s power over the governed Popular Sovereignty refers to “general will of the people”, governments cannot act contrary to the will of the people.

11. Areas of Agreement Establish republican gov’t Scrap Articles of Confederation Establish Constitutional gov’t Strong central gov’t Protect Property Rights (main purpose of gov’t) Keep proceedings secret Balanced gov’t (diminish single interest)

12. Areas of Disagreement 1. Representation among states Virginia Plan vs. New Jersey Plan (population vs. equal representation) Connecticut Plan (Great Compromise) A: Bicameral (2-House Legislature) 2. Representation and taxation of slaves 3/5 Compromise A: Slaves counted as 3/5 of a person 3. Election of President Congress, State Legislature, or Direct Election? A: Electoral College