1. Chapter 2
The Constitution

2. Learning Objectives
Why was a Bill of Rights adopted so soon after the ratification of the Constitution?
Why did so many authors of the Constitution fear factions?
Why did the Framers agree on the idea of a separation of powers?
What is the difference between a democracy and a republic?
How did Thomas Hobbes and John Locke differ about democracy, and which thinker did the Framers follow?
What branch of government has the greatest power?
Does the Constitution tell us what goals the government should serve?
Whose freedom does the Constitution protect?
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4. The Problem of Liberty The Colonial Mind The Real Revolution
Men will seek power because they are ambitious, greedy, and easily corrupted
Colonists sought “natural rights”
Unalienable rights
The Real Revolution
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What is the meaning of liberty?

5. The Problem of Liberty Weaknesses of the Confederation
Articles of Confederation 1781
“League of Friendship”
No strong central government
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In 1785, John Hancock was elected to the meaningless office of “president” under the Articles and
never showed up to take the job.

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Figure 2.1
North America in 1787

7. The Constitutional Convention
The Lessons of Experience
State Constitutions
Shays’s Rebellion (1787)
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Shays’s Rebellion in western Massachusetts in 1786–1787 stirred deep fears of anarchy in America. The ruckus was put down by a hastily assembled militia, and the rebels were eventually pardoned. Thomas Jefferson commented, “The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.”

8. 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
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9. The Challenge
The Virginia Plan–proposal to create a strong national government
The New Jersey Plan–proposal to create a weak national government
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10. The Challenge The Compromise
Popularly-elected house based on state population
State-elected senate, with two members for each state
Electoral college
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Also known as the Great Compromise or the Connecticut Compromise

11. The Constitution and Democracy
Created a republic
Representative democracy
Judicial review
Key principles
Federalism
Separation of powers
Enumerated powers
Reserved powers
Concurrent powers
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What is the difference between a direct democracy and a representative democracy? Why did the Framers prefer a republic?

12. The Constitution and Democracy
Government and Human Nature
Republican government “even in the absence of political virtue”
Checks and balances
Factions
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13. 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
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14. 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
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15. The Constitution and Liberty
Need for a Bill of Rights
The Constitution and Slavery
Needed southern states for ratification
“Greatest Compromise” (three-fifths compromise)
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Deck of a slave ship captured in Thousands of slaves died on such ships.
Image: North Wind Picture Archives/Alamy

16. Ratification of the Federal Constitution by State Constitutions, 1787–1790
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Figure 2.2

17. 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
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The Framers tended to represent their states’ interests on important matters, not their personal ones.

18. Constitutional Reform: Modern Views
Reducing the Separation of Powers
Increase presidential authority
Lengthen terms for members of House
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19. Constitutional Reform: Modern Views
Making the System Less Democratic
Balanced budget amendment
Line-item veto
Narrow authority of federal courts
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20. 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
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21. The Right To Keep and Bear Arms
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Click picture to play video

22. The Right To Keep and Bear Arms
Taking a closer look:
What might the Framers say about these protests over the Second Amendment?
Should gun control legislation be enacted on a national level? Why or why not?
How do libertarians view the federal government? In this video, how do they see the NRA?
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