Chapter 2 The Constitution

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The Problem of Liberty The Colonial Mind Men will seek power because they are ambitious, greedy, and easily corrupted Colonists sought “natural rights” Unalienable rights Copyright © 2015 Cengage Learning. All rights reserved. What is the meaning of liberty?

LC-DIG-ppmsca-02949/Library of Congress Even before the Revolutionary War, many felt some form of union would be necessary if the rebellious colonies were to survive. In 1774, the Massachusetts Spy portrayed the colonies as segments of a snake that must “Join or Die.” p. 20

Articles of Confederation 1781 – 1789 – RIP Confederate System – power concentrated in political subunits (states) with a weak central government (typically unite for a common goal)

The Problem of Liberty Weaknesses of the Confederation Articles of Confederation 1781 “League of Friendship” No strong central government No Executive (No President), no central authority Unicameral Congress No Federal Judiciary (No Supreme Court), no central law No control of taxation, commerce between states or with foreign nations, money system Copyright © 2015 Cengage Learning. All rights reserved. In 1785, John Hancock was elected to the meaningless office of “president” under the Articles and never showed up to take the job.

Weaknesses Cont.. Article II – “Each state retains its sovereignty, freedom, and independence.” Gov’t has no control Unicameral Congress (one house) with one vote per state Copyright © 2015 Cengage Learning. All rights reserved.

Copyright © 2015 Cengage Learning. All rights reserved. Figure 2.1 North America in 1787

Shays’s Rebellion Colonies were in debt after the war, central gov’t tried to raise taxes Farmers in western Massachusetts rebelled against tax they could not afford Rebelled against foreclosures, forced judges out of court, freed debtors from jail Showed that national gov’t was weak, needed to seek a stronger national gov’t

The Constitutional Convention The Framers 55 delegates, none from Rhode Island Mostly young and educated Produced new written constitution Commitment to liberty and natural rights Original desire was to revise the articles of confederation Copyright © 2015 Cengage Learning. All rights reserved.

The Challenge The Virginia Plan–proposal to create a strong national government 3 branches of government Executive (president) chose by congress (2 houses) National legislature has power of states The New Jersey Plan–proposal to create a weak national government Left articles virtually unchanged Copyright © 2015 Cengage Learning. All rights reserved.

The Challenge The Compromise Popularly-elected house based on state population State-elected senate, with two members for each state Making Congress bicameral = 2 parts Electoral college – would select the president Copyright © 2015 Cengage Learning. All rights reserved. Also known as the Great Compromise or the Connecticut Compromise

The Constitution and Democracy Created a republic Representative democracy Judicial review Key principles Federalism Separation of powers Enumerated powers Reserved powers Concurrent powers –USE ALL 3 through the semester Copyright © 2015 Cengage Learning. All rights reserved. What is the difference between a direct democracy and a representative democracy? Why did the Framers prefer a republic?

The Constitution and Democracy Government and Human Nature Republican government “even in the absence of political virtue” = representative gov. Checks and balances Factions: a group with a distinct political interest, soon to be federalist/anti-fed. Today Dem/Republican In Federalist #10 Madison warns a need for a constitution to balance competing interests Copyright © 2015 Cengage Learning. All rights reserved.

The Constitution and Liberty Federalists “Nationalists” Strong national government View liberty as protected by large republic Moderate coalitions Antifederalists States’ rights advocates Prefer small republic or confederation Need to limit central powers Bill of rights Copyright © 2015 Cengage Learning. All rights reserved.

The Constitution and Liberty Liberties guaranteed by Constitution (before Bill of Rights added) Writ of habeas corpus protected No bills of attainder No ex post facto laws Right of trial by jury Citizens of each state entitled to same privileges/immunities No religious qualifications for office Copyright © 2015 Cengage Learning. All rights reserved.

The Constitution and Liberty Need for a Bill of Rights The Constitution and Slavery Needed southern states for ratification “Greatest Compromise” (three-fifths compromise) Would help add to population for house of reps Copyright © 2015 Cengage Learning. All rights reserved. Deck of a slave ship captured in 1860. Thousands of slaves died on such ships. Image: North Wind Picture Archives/Alamy

Ratification of the Federal Constitution by State Constitutions, 1787–1790 Copyright © 2015 Cengage Learning. All rights reserved. Figure 2.2

The Motives of the Framers Economic Interests State interests dominate The Constitution and Equality Framers did not view liberty and political equality as in conflict Saw political privilege as worst inequality Copyright © 2015 Cengage Learning. All rights reserved. The Framers tended to represent their states’ interests on important matters, not their personal ones.

Constitutional Reform: Modern Views Reducing the Separation of Powers Increase presidential authority Lengthen terms for members of House Copyright © 2015 Cengage Learning. All rights reserved.

Constitutional Reform: Modern Views Making the System Less Democratic Balanced budget amendment Line-item veto Narrow authority of federal courts Copyright © 2015 Cengage Learning. All rights reserved.

Constitutional Reform: Modern Views Who is Right? Study the government’s historical evolution Study how the government works and why it has produced the policies you see Study the practices of other nations Copyright © 2015 Cengage Learning. All rights reserved.