1. Chapter 2
The Constitution

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3. 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
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What is the meaning of liberty?

4. 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

5. 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)

6. 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
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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.

7. 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
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Figure 2.1
North America in 1787

9. 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

10. 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
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11. 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
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12. 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
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Also known as the Great Compromise or the Connecticut Compromise

13. 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
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What is the difference between a direct democracy and a representative democracy? Why did the Framers prefer a republic?

14. 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
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15. 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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16. 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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17. 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
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Deck of a slave ship captured in Thousands of slaves died on such ships.
Image: North Wind Picture Archives/Alamy

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

19. 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.

20. Constitutional Reform: Modern Views
Reducing the Separation of Powers
Increase presidential authority
Lengthen terms for members of House
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21. Constitutional Reform: Modern Views
Making the System Less Democratic
Balanced budget amendment
Line-item veto
Narrow authority of federal courts
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22. 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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