Constitutional Democracy: Promoting Liberty and Self-Government Chapter 2

Before the Constitution: Colonial and Revolutionary Experiences Colonial experiences with democratic institutions; English Parliament and colonial charters The “rights of Englishmen”—including trial by jury Repeal of the Stamp Act: a tax on colonial newspapers and document Enactment of the Townsend Act: tax on tea First Continental Congress

Before the Constitution: Colonial and Revolutionary Experiences Declaration of Independence A call to revolution—liberty, equality, individual rights, self-government, lawful powers Philosophy of John Locke Inalienable (natural) rights: life, liberty, and property Social contract: government has responsibility to preserve rights Thomas Jefferson “Life, liberty, and the pursuit of happiness” “All men are created equal” Just powers derive from the consent of the governed

Before the Constitution: Colonial and Revolutionary Experiences Articles of Confederation Adopted during the Revolutionary War Created weak national government States retained “sovereignty, freedom and independence” Prohibited Congress from interfering in states’ commerce policies Prohibited Congress from taxation Needed unanimous consent of states to approve amendments

Before the Constitution: Colonial and Revolutionary Experiences A nation dissolving Raised fears about the weakness of the national government Weakened Congress—nation dissolving Farmers, led by Daniel Shays, fomented armed rebellion to prevent foreclosures on their land Congress unable to raise army to quell rebellion Motivated Congress to authorize a convention in Philadelphia to revise Articles of Confederation

Negotiating toward a Constitution The Great Compromise: a two-chamber Congress Virginia (large-state) Plan Representation based on population number Greater power to larger states New Jersey (small-state) Plan Each state would have one vote Equal power to large and small states Great Compromise: two-chamber Congress House of Representatives: proportional representation Senate: equal representation

Negotiating toward a Constitution The Three-Fifths Compromise: issues of slavery and trade Congress agreed not to tax exports, only imports Congress agreed not to outlaw slavery Three-Fifths Compromise: three-fifths of enslaved population counted for apportionment of taxes and political representation

African Americans as a Percentage of State Population, 1790 38 fig 2-1

Negotiating toward a Constitution A strategy for ratification Constitution submitted directly to the states Need the approval of at least nine states Federalists: proponents of the Constitution Anti-Federalists: against a strong national government

Negotiating toward a Constitution The ratification debate Anti-Federalists raised arguments that still echo in American politics The national government would be too powerful State self-government and personal liberty at risk The Federalist Papers: Alexander Hamilton, James Madison, John Jay

Negotiating toward a Constitution The framers’ goals Government strong enough to meet the country’s needs Government not threatening existence of the separate states Government not threatening liberty Government based on popular consent

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Protecting Liberty: Limited Government Grants and denials of power Grants: Limit government by stating specific powers in the Constitution Total of seventeen powers Denials: Limit government by stating specific prohibitions in the Constitution Constitution difficult to amend

Protecting Liberty: Limited Government Using power to offset power Montesquieu’s concept of separation of powers Madison’s Federalist No. 10 and the problem of overbearing majorities The framers’ special contribution: separate but overlapping powers

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Protecting Liberty: Limited Government Separated institutions sharing power: checks and balances Separation of powers: divide powers of government Shared institutions—checks and balances Shared legislative powers: Congress checked by the president, Supreme Court Shared executive powers: president checked by Congress, Supreme Court Shared judicial powers: courts checked by the president, Congress

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Protecting Liberty: Limited Government Bill of Rights First ten amendments to Constitution Protects rights of citizens, such as: Freedom of speech Freedom of assembly Trial by jury of peers, and legal counsel Freedom of religion Limits power of government

Protecting Liberty: Limited Government Judicial review Courts determine if governmental institution is acting within its constitutional powers Established by Chief Justice John Marshall in Marbury v. Madison (1803)

Providing for Representative Government Democracy versus republic Framers feared the overbearing power of the majority in a democracy Framers preferred the concept of a republic, where people rule through elected representatives Majority rule in a republic is limited to protect minority rights

Providing for Representative Government Limited popular rule People participate indirectly in the process of government through election of officials Indirect election of president through Electoral College Indirect (initially) election of senators Federal judiciary appointed, not elected

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Providing for Representative Government Altering the Constitution: more power to the people Jeffersonian democracy Government belonged to all, not just the elite Jacksonian democracy States give electoral votes to winner of the popular vote The Progressives Direct election of senators; referendums and initiatives Elected officials as delegates carry out wishes of the voters

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Constitutional Democracy Today Constitutional: power gained through elections to be exercised in accordance with law and with due respect for individual rights Democratic: provides for majority influence via elections Republic: mix of deliberative institutions, each of which moderates the power of the others