1. Making a Constitution: The Philadelphia Convention
Representatives from 12 state (Rhode Island didn’t show)
Supposed to revise articles of confederation
55 delegates ignored instruction began writing US Constitution
Most delegates were politicians, college educated urbanites, most from coast and not the frontier

2. Philosophy into Action
Human Nature
Hobbes works said mans natural state was at war and that a strong government keeps the peace
Founders still stuck more to Locke's limited government idea
Political Conflict
Distribution of wealth was the sole political conflict
Also religion, views of governing, and attachment to various leaders
Factions- parties, interest groups
Intended to check effects of factions
Purpose of Government
Most concerned with preservation of property and individual rights to wealth
Some concerned with security, domestic peace, public health and welfare
Even said to only let landowners vote

3. Philosophy into Action
Nature of Government
Power set against power to protect property and against tyrannical factions
“balanced” government
Checks, balances and separation of powers

4. Equality Issues Equality and representation of the states
New Jersey Plan- equal rep. for each state
Virginia plan- representation based on population
Connecticut compromise created two houses in congress (Senate and House of Representatives)
Lower pop have more power per person Wyoming vs California

5. Equality Issues Slavery Equality in voting Obvious contradictions
Legal in all states but Massachusetts
They limited importing of slaves
Constitution even says that escaped slaves have to be returned
Three-fifths compromise
Equality in voting
Some delegates wanted universal suffrage (for all free adult males)
Some feared mob rule and wanted property ownership for qualification
Left up to states

6. Economic Issues Had to deal with
states tariffing goods from other states
Paper money being worthless
Recession
Congress given power to tax and borrow
Protect property
Build infrastructure
Regulate interstate commerce
Most delegates were elites and did a lot to help them

7. Individual rights issues
Prohibits suspension of the writ of habeas corpus
Prohibits punishment without trial
Prohibits from passing ex post facto laws
No religious qualification to hold office
Trial by jury in criminal cases

8. Madisonian System: Thwarting Tyranny of the Majority
Fear of oppression of the minority
1. Place as much of the government as possible beyond the direct control of the majority
2. Separate the powers of different institutions
3. construct a system of checks and balances

9. Madisonian System: Thwarting Tyranny of the Majority
Limiting majority control
Keep too much power out of hand of house of representatives
State legislatures elected state senators and electors (who elect the president)
Kept people themselves from choosing policy
President picked judges which are approved by the senate and serve life terms
Senate serve 6 year terms unlike house of rep’s 2 yrs
Separating powers
Three branches of government
Legislative (congress)
Executive (President)
Judicial (courts)

10. Madisonian System: Thwarting Tyranny of the Majority
Creating Checks and Balances
Establishing federal system
Power split between federal government and the states

11. Madisonian System: Thwarting Tyranny of the Majority
Creating Checks and Balances
Establishing federal system
Power split between federal government and the states

12. Ratifying the constitution
Federalists vs anti-federalist
Federalists pro constitution (landowners, professionals, merchants)
Wanted strong federal government
Anti-federalists anti- constitution (small farmers, shopkeepers, laborers)
Wanted strong state governments and weak federal
Federalist papers written to support constitution ratification
Bill of Rights passed to squelch fear of loosing individual rights
Federalist used great politicking to get it ratified
Washington unanimously elected president with Adams as vice president

13. The Formal Amending Process
Article V of constitution provides process
Two stages
Proposal and ratification
Each stage has two avenues
Proposed by 2/3 of congress or by national convention called by congress at request of 2/3 of state legislatures
Ratification through either ¾ of state legislatures or by special state convention called upon by ¾ of the states
Only 21st amendment done by convention

14. The Formal Amending Process
Used to make USA more egalitarian and democratic
Usually increase liberty and equality and increase ability of popular majority to govern

15. Informal process of constitutional change
Judicial interpretation
Marbury v. Madison (Judicial Review)
Racial discrimination cases
Abortion cases
Changing political practices
Parties
Electoral college changes

16. Informal process of constitutional change
Technology
Media
Internet
New weapons change presidents power dramatically
Increased demand for new policies
Significance of the presidency
More power of the president
USA Patriot Act Gave surveillance, and wiretapping ability

17. Importance of Flexibility
27 Amendments with fewer than 8,000 words
USA has oldest functioning constitution
Document meant to be flexible

19. The Constitution and Democracy
Original constitution not all that democratic
Government of “rich, well-born, and able” –Hamilton
Permitted movement towards democracy
Who can vote mostly left to states
Other than 15th,17th, 23rd, 24th, 25th amendments and voting rights act
Two party system put same candidates on ballot in all states
People vote for electorates which has made presidential election more open
Except In 1824, 1876, 1888, 2000, 2016 when electoral winner lost the popular vote

20. The Constitution and the scope of government
Liberty provides opening to all to participate
Checks and balances keep power in check
It can lead to stalemate due to so many being involved
Some argue so many checks are placed into the constitution that effective government is almost impossible