2. Lecture 3: The American republic and Constitution

3. Origins of Republicanism in the US Republicanism = Idea that the people (through their representatives) can rule themselves

4. I. Models from Antiquity The rise of Greek city-states (800-500 BC) -Athens--small, turbulent, and “democratic” The Roman Republic -creation of the “Senate”--indirectly representative govt. -large, powerful, lasted 100s of years -as American ideal--politics, art, architecture, legend

5. Washington in a toga

6. II. Experience of Self-rule A history of administering their own affairs for almost 150 years Virginia House of Burgesses

7. Creation of a Republican national govt An “experiment” in republican govt--many expected to fail Americans’ sense of state identity, and fear of centralization First try: The Articles of Confederation (drafted in 1777)

8. Article I. The Stile of this Confederacy shall be "The United States of America." Article II. Each state retains its sovereignty, freedom, and independence...

9. Features/Weaknesses of the Articles of Confederation No U.S. judiciary to settle disputes between states No real executive power to carry out or enforce federal (national) laws 9 of 13 states needed to approve legislation No power to collect taxes directly No power to raise an army directly

10. Shays Rebellion 1786

11. Another attempt at a federal (national) govt 1787 States agree to send reps to Philadelphia to amend Articles Debates and compromises: -Virginia Plan vs New Jersey Plan -Senate and House apportioned differently -Slavery and direct taxation/representation - “the 3/5 compromise” -Federalists vs Anti-federalists -Bill of Rights added

12. signing the Constitution

13. Madison and the Principles of the Constitution 1: Republicanism--not quite democracy “democracy is the most vile form of government... democracies have ever been spectacles of turbulence and contention: have ever been found incompatible with personal security or the rights of property” 2: Federalist Papers 10 & 51 “ambition to counteract ambition” in checks and balances “cross-cutting cleavages” of a large republic

14. Review of U.S. Constitution (1789) Preamble -“People” not “States” Article 1 (Article, Section, Clause) Congress -Sec 2--House of Representatives Pg 3 3/5 rule

15. Article I, cont’d -Sec 3--Senate Pg 1 --representing state, elected by state legislature -Sec 8--Powers of Congress raise taxes, raise army, regulate commerce among states, necessary and proper -Sec 9--Restraints on Congress banning slave trade, suspend habeas corpus, create nobility

16. Article 2--Presidency and electoral college Article 3--Federal Judiciary Article 4--Full faith and credit, fugitive slave Article 5--amendment formulas Article 6, Pg 2--”Supremacy Clause” Article 7--Ratification Review of U.S. Constitution

17. Bill of Rights Amend 1--religion and speech Amend 2--guns Amend 4--search and seizure Amend 5--double jeopardy, self-incrim, due process Amend 6, 7--trial procedure--jury trial, counsel Amend 8--Cruel and unusual, excessive bail Amend 9,10--non-specified rights remain with the states and people