Journal Entry All communities divide themselves into the few and the many. The first are the rich and well-born, the other the mass of the people. The voice of the people has been said to be the voice of God; and however generally this maxim has been quoted and believed, it is not true in fact. The people are turbulent and changing; they seldom judge or determine right. Give therefore to the first class a distinct permanent share in the government. Alexander Hamilton, Federalist What is the quote saying? Do you think that this attitude was in the majority or in the minority in the late 1700’s among the framers of the Constitution?

Constitutional Foundations

The Declaration of Independence Signed July 4, 1776 Signed July 4, 1776 Conceptually the document borrowed heavily from John Locke’s writings (Second Treatise on Civil Government) - Conceptually the document borrowed heavily from John Locke’s writings (Second Treatise on Civil Government) - Ideas of “natural rights”, all men being “created equal”, and the idea of a “social contract” are three big ones, right to ‘”property” is absent Ideas of “natural rights”, all men being “created equal”, and the idea of a “social contract” are three big ones, right to ‘”property” is absent Declaration has three major parts- Declaration has three major parts- Philosophical basis- (see above) major points are “unalienable rights” and the “consent of the governed” Philosophical basis- (see above) major points are “unalienable rights” and the “consent of the governed”

Continued… The Grievances- laid out in legalistic fashion The Grievances- laid out in legalistic fashion “No taxation without representation” “No taxation without representation” Unjust trials, and forced quartering of British troops Unjust trials, and forced quartering of British troops British abolition of colonial assemblies British abolition of colonial assemblies The Statement of Separation- it is not only our right but our duty to change the government The Statement of Separation- it is not only our right but our duty to change the government Direct result of the document was the American Revolution Direct result of the document was the American Revolution

The Articles of Confederation Our first attempt at a national government and a colossal failure Our first attempt at a national government and a colossal failure Key problems with the Articles- Key problems with the Articles- National government was dominated by state governments National government was dominated by state governments National government had no power to tax or to create and regulate a single national currency National government had no power to tax or to create and regulate a single national currency Could create an army and navy but had no power to draft or to force states to pay for it Could create an army and navy but had no power to draft or to force states to pay for it No Chief Executive or national court system to mediate inter-state disputes No Chief Executive or national court system to mediate inter-state disputes All legislation had to pass with a 2/3 majority and amendments had to be unanimous All legislation had to pass with a 2/3 majority and amendments had to be unanimous

Continued… Problems were due to huge distrust of strong, centralized authority (ala King George) Problems were due to huge distrust of strong, centralized authority (ala King George) It took the rejection of credit in European banks, the constant threat of British invasion, and Shay’s Rebellion to force a new debate on the shape and scope of the national government It took the rejection of credit in European banks, the constant threat of British invasion, and Shay’s Rebellion to force a new debate on the shape and scope of the national government A convention was called in Philadelphia in 1789 A convention was called in Philadelphia in 1789

The Constitution National debate had been somewhat influenced by the “Federalist Papers” in 1787 and 1788 that urged ratification of a new constitution National debate had been somewhat influenced by the “Federalist Papers” in 1787 and 1788 that urged ratification of a new constitution Most influential papers- Most influential papers- Federalist 10- dealt with the nature of “factions” in a free system Federalist 10- dealt with the nature of “factions” in a free system Federalist 51- laid out a framework of “checks and balances” and “separation of powers” Federalist 51- laid out a framework of “checks and balances” and “separation of powers” As many who wrote the Constitution were men of wealth and status, the document lays out numerous protections of private property (primary qualification for voting became property) As many who wrote the Constitution were men of wealth and status, the document lays out numerous protections of private property (primary qualification for voting became property)

Continued… The primary conflict was how to balance representation in Congress between large and small states The primary conflict was how to balance representation in Congress between large and small states Three plans would emerge- Three plans would emerge- New Jersey Plan- representation based on statehood alone (one state = one vote) New Jersey Plan- representation based on statehood alone (one state = one vote) Virginia Plan- representation based on population (more people=greater say in government) Virginia Plan- representation based on population (more people=greater say in government) The Connecticut Compromise- created a bicameral legislature that gave equal representation in the Senate and by population in the House (a.k.a. “The Great Compromise”) The Connecticut Compromise- created a bicameral legislature that gave equal representation in the Senate and by population in the House (a.k.a. “The Great Compromise”)

Continued… The 3/5 Compromise was then agreed upon to decrease the influence of slave states in the House of Representatives The 3/5 Compromise was then agreed upon to decrease the influence of slave states in the House of Representatives Framers also had to deal with other weaknesses- Framers also had to deal with other weaknesses- Congress given power to tax, regulate commerce (interstate and foreign), create a national currency, and make all laws “necessary and proper” to carry out its stated powers (The “Elastic Clause”) Congress given power to tax, regulate commerce (interstate and foreign), create a national currency, and make all laws “necessary and proper” to carry out its stated powers (The “Elastic Clause”) States were prohibited from coining money, regulating commerce, and interfering with the collection of debt but were given “full faith and credit”clause States were prohibited from coining money, regulating commerce, and interfering with the collection of debt but were given “full faith and credit”clause

Continued… Lastly, the framers created a chief executive and an outline for a national court system (both are rather brief compared to Congress) Lastly, the framers created a chief executive and an outline for a national court system (both are rather brief compared to Congress) In order to guarantee support, the Federalists had to promise the Anti-federalists a “Bill of Rights” would be approved by the first Congress In order to guarantee support, the Federalists had to promise the Anti-federalists a “Bill of Rights” would be approved by the first Congress The first parties to arise were from economic differences (even then), the Federalists were more conservative and wanted stronger government, and the Anti-federalist / Democratic -Republicans wanted liberty, choice, and limited government The first parties to arise were from economic differences (even then), the Federalists were more conservative and wanted stronger government, and the Anti-federalist / Democratic -Republicans wanted liberty, choice, and limited government