The Constitution: Chapter 2

1. Independent Judiciary 2. No Quartering Troops in Private Homes 3. Freedom of Trade

4.No Taxation without Representation 5.Loss of Trust in English Law Protecting Colonial Rights and Liberties

POWER AMBITION CORRUPTION GREED

LIFE LIBERTY PROPERTY Pursuit of Happiness RIGHTS Natural Law Natural Rights

Government Based on the Consent of the Governed Limits on Government by a Written Constitution

Dominant Branch The Only Branch (Partially) Elected by the People

Could not raise revenue via taxes Could not control commerce ◦ Between states ◦ International The United States was NOT sovereign ◦ Each state was sovereign ◦ The central government was subordinate to the states

Voting Rules ◦ One for each state – no matter how populated ◦ 9 out of the 13 (~70%) for basic laws ◦ 13 out of the 13 (100%) for any amendments Selection of Delegates ◦ By state legislatures ◦ NOT by the people!

Tiny National Army ◦State Militias Conflict between States Yankee -Pennamite Wars Resolved: 1799 Virginia-Pennsylvania Border Disputes Land Reorganized: 1788

Fix The Articles Can’t be Fixed Scrap Them! 1.Not what the convention was called to do 2.A power grab? 3.Revolution?

A Balancing Act! STRENGTH to preserve ORDER WEAKNESS to preserve LIBERTY

The New Jersey Plan 1. From fear of Large State domination in legislature 2. Amend Articles; not replace them 3. Keep representation equal for all states, big or small

The nation is too big for PURE democracy Beware popular passions A REPUBLIC would be better!

Reign in the Masses ◦ Senate = elected by state legislators ◦ President = elected by electors ◦ Bicameral Legislature eases (placates?) public tensions  House allows for popular sovereignty while  Senate allows for control ◦ Judicial Review  Later established  Rule of Law, not knee jerk reactions of the people ◦ Slow Legislative Process = THINK TIME  Laws  Amendments

How to keep the government from getting too strong? Separation of Powers Federalism + with checks and balances!

Powers ◦ Enumerated  National Government ONLY  CLEARLY stated in The Constitution ◦ Reserved  State Governments ONLY  If not given to the National Government, it’s the State Governments’ responsibilities  10 th Amendment ◦ Concurrent  Shared between states and national governments

Ratification ◦ By state conventions ◦ Only need 9 states to ratify ◦ ILLEGAL!  Articles of Confederation was still the supreme law of the national government  Articles of Confederation call for ALL states to ratify

For the cause of LIBERTY! ◦ Did this document provide enough protection?  Anti-Federalists ◦ Small republics ALONE can secure individual liberties ◦ History shows that strong central governments attack individual liberties  Federalists ◦ Large extended republics COULD secure liberties ◦ They create coalitions from all over  Link diverse interests for short periods  Alliances will shift based on topics ◦ Distances power from the passions of the people

Let’s put in a BILL OF RIGHTS! ◦ NO  Rights are in the Constitution  States have their own bills of rights  The government can not do more than what is IN the Constitution ◦ YES  Anti-Federalists are demanding it  No Bill; No Constitution!

Slavery ◦ Only mentioned THREE TIMES  Counting Population ◦ For Representatives in the House ◦ 3/5 Compromise  Slave trade guaranteed until 1808 (at least)  Fugitive Slave Clause ◦ If not included  South would not have ratified  The Constitution would be D.O.A. ◦ Civil War is inevitable

At the CONVENTION ◦ Economic Interests  Diverse backgrounds of Founding Fathers ◦ Farmers ◦ Merchants  No evidence of personal interests in final document  State interests outweighed personal interests  Slave holders ◦ The exception to the rule ◦ Protect slavery ◦ Minimize federal interference with the practice

At the STATE CONVENTIONS Much greater role ◦ Pro-ratification  Merchants  Urban  Large western land holders  Those owed money by the government  Non-slave holders ◦ Anti-ratification  Farmers  Slave holders  Those not owed money by the government

The government is TOO WEAK to protect social equality Modern view ◦ Cannot resist pressures of special interests ◦ Monday Morning Quarterbacking Founders’ goal ◦ Concerned with POLITICAL equality ◦ Less concerned about ECONOMIC equality

Strengthen Office of the President While Making It MORE Accountable to the Voters Allow Congressmen in Cabinet Allow President to Dissolve Congress and Call for Special Elections Allow Congress to Call for Special Presidential Recall Election Require President and Congressmen to Run as a Team in Each District Extend Presidential Term ◦ 6 years ◦ No Re-election Extend Representative Terms to Match Presidential Term (Sounds more like a parliamentarian system rather than like a presidential system to me)