Chapter 2: The Constitution
The Problem of Liberty The English Constitution was a collection of laws.
The Problem of Liberty The Declaration of Independence (DoI) Written predominantly by Thomas Jefferson. Listed specific complaints against the British. Posted that unalienable rights (nature & Providence) were protected.
The Problem of Liberty Goals of the Revolution Legitimize political authority. Secure personal liberties. Require the consent of the governed. Make the legislature superior to the executive.
The Problem of Liberty Problems of the Articles of Confederation (AoC) Could not levy taxes. Could not regulate commerce. One vote per state.
The Problem of Liberty Problems of the Articles of Confederation (AoC) Nine of 13 to pass any measure. No judicial system. All 13 to amend the AoC.
Constitutional Convention Shays’s Rebellion was the initial cause for the call of the convention.
Constitutional Convention Virginia Plan Proposed by Edmund Randolph. A bicameral house based on population.
Constitutional Convention New Jersey Plan Proposed by William Paterson A unicameral house with one vote each.
Constitutional Convention Great Compromise or Connecticut Compromise Proposed by Roger Sherman. Created today’s House of Representatives and Senate (was chosen by the House)
Constitutional Convention Three-fifths Compromise Slaves were counted as 3/5s a person for representation in the House. The same formula applied for taxation in the South.
The Constitution and Democracy Basic Framework The intent was to create a republic. State legislators would elect the senate. Electors would choose the president (not the people).
The Constitution and Democracy Basic Framework Judicial review was believed to be an intent of the framers to limit popular majority. Amendments Proposed by 2/3s of both houses. National Convention Requested by 2/3s of the states. Three-fourths of the states to ratify.
The Constitution and Democracy Key Principles Federalism where the national government was superior to state government but allowed for the division of two government systems. Enumerated/Delegated Powers were those given solely to the national government. Reserved Powers were those only used by the state.
The Constitution and Democracy Key Principles Concurrent Powers are shared by both the state and federal governments. Separation of Powers into three branches. Factionalism would prevent domination.
The Constitution and Liberty Federalists They were in favor of the Constitution. They were led by Madison, Hamilton, and Jay, the chief authors of The Federalist Papers.
The Constitution and Liberty Antifederalists Favored state government and feared centralization. Madison’s Arguments Large republics are safer. Coalitions would need to be formed and would be more moderate. It would prevent politicians or the people from abusing power.
The Constitution and Liberty Antifederalists They could not offer a counter- government. Demanded a Bill of Rights.