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Presentation by Eric Miller, Blinn College, Bryan, Texas. Constitutional Democracy: Promoting Liberty and Self-Government CHAPTER 2.

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2 Presentation by Eric Miller, Blinn College, Bryan, Texas. Constitutional Democracy: Promoting Liberty and Self-Government CHAPTER 2

3 FISHER AMES The people must be governed by a majority, with whom all power resides. But how is the sense of this majority to be obtained?

4 INTRODUCTION Liberty Framers wanted to protect liberty Sought to restrain political power Limited Government Gov. is subject to strict limits on its lawful use of power Self-Government Gov. is subject to the will of the people as expressed through their votes

5 BEFORE THE CONSTITUTION “The Rights of Englishmen” French and Indian War led to taxes on colonists Stamp Tax Tax on colonial newspapers & business documents led to cry of “no taxation without representation” Townshend Act more taxes; paper, glass, & tea George III sent troops to enforce it Boston Tea Party First Continental Congress- Philadelphia 1774 Called for free assembly, end to British occupation, colonial councils for imposition of taxes, trial by local juries… Colonists rebelled because they thought their rights as British subjects were being violated

6 BEFORE THE CONSTITUTION 2 nd Continental Congress- The Declaration of Independence Locke: inalienable rights- “natural rights” Jefferson: (primary author) paraphrased Locke’s philosophy Call to revolution–not a framework of government Liberty, equality, individual rights, self-government, lawful powers

7 BEFORE THE CONSTITUTION The Articles of Confederation (Our nation’s 1 st plan of gov.) Writers were leery of a powerful central government Each state retained its “sovereignty, freedom, and independence” Congress to provide for national defense but no power to do so Congress was not allowed to interfere with states’ commerce

8 BEFORE THE CONSTITUTION Shay’s Rebellion- (A sign that the national gov. was too weak) Late 1786 in Massachusetts, mostly farmers Farmers faced loss of property and new taxes on farms Congress and the army were weak and action was needed as anarchy was feared Annapolis meeting did not achieve any results

9 CONSTITUTIONAL CONVENTION Philadelphia 1787 George Washington presided Given power to fix the Articles Came up with a new plan of government 55 delegates known as “the Framers” Madison, Franklin, Hamilton… Important figures NOT there Jefferson, Adams, Paine… Produced the Constitution

10 NEGOTIATING TOWARD A CONSTITUTION The Great Compromise: A Two-Chamber (bicameral) Congress The Virginia Plan The New Jersey Plan The Great Compromise

11 NEGOTIATING TOWARD A CONSTITUTION The North-South Compromise: The Issue of Slavery North-South Compromise on economic issues No taxing exports, but allowed taxing imports Three-Fifths Compromise Applied to both taxation and representation

12 NEGOTIATING TOWARD A CONSTITUTION A Strategy for Ratification Would others share the writer’s views? Designed a new ratification process Must be approved in at least 9 state conventions The Ratification Debate Anti-Federalists Federalists

13 NEGOTIATING TOWARD A CONSTITUTION The Framers’ Goals Stronger national government Preserve states as viable governments Preserve liberties through checks and balances on power Based on popular sovereignty Restricted in uses of power Give the people a voice in government

14 PROTECTING LIBERTY Grants and Denials of Power Grants of power Article I, Section 8 for powers of Congress Denials of power Writs of habeas corpus Ex post facto laws Difficult to amend Limited government

15 PROTECTING LIBERTY Using Power to Offset Power Separation of powers Federalist #10 “Mischiefs of faction” Separated Institutions Sharing Power Montesquieu- Separation of powers Checks and Balances Shared Legislative Powers Shared Executive Powers Shared Judicial Powers

16 PROTECTING LIBERTY The Bill of Rights Existed in many state constitutions Jefferson argued for a federal constitution Judicial Review Marbury v. Madison (1803) Precedent for court interpretation of the constitution

17 PROVIDING FOR SELF- GOVERNMENT Democracy Versus Republic Democracy Republic Representative Democracy Trustees

18 PROVIDING FOR SELF-GOVERNMENT Limited Popular Rule House of Representatives–direct popular election Senators–appointed by legislatures Presidents–elected by Electoral College Judges–nominated by President and confirmed by the Senate

19 PROVIDING FOR SELF-GOVERNMENT Altering the Constitution Jeffersonian Democracy: A Revolution of the Spirit Jacksonian Democracy: Linking the People and the Presidency Proposed that states should choose their electors by popular elections The Progressives: Senate and Primary Election More popular control: Primary Elections Initiative and referendum Recall elections










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