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Chapter 2

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Before the Constitution: Colonial and Revolutionary ExperiencesBefore the Constitution

Colonial experiences with democratic institutions; English Parliament and colonial charters

The “rights of Englishmen”—including trial by juryRepeal of the Stamp Act: a tax on colonial newspapers and

documentEnactment of the Townsend Act: tax on teaFirst Continental Congress

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Before the Constitution: Colonial and Revolutionary ExperiencesDeclaration 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

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Before the Constitution: Colonial and Revolutionary ExperiencesArticles of Confederation

Adopted during the Revolutionary WarCreated weak national governmentStates retained “sovereignty, freedom and independence”Prohibited Congress from interfering in states’ commerce

policiesProhibited Congress from taxationNeeded unanimous consent of states to approve

amendments

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Before the Constitution: Colonial and Revolutionary ExperiencesA nation dissolving

Raised fears about the weakness of the national governmentWeakened Congress—nation dissolvingFarmers, led by Daniel Shays, fomented armed rebellion to

prevent foreclosures on their landCongress unable to raise army to quell rebellionMotivated Congress to authorize a convention in

Philadelphia to revise Articles of Confederation

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Negotiating toward a Constitution

The Great Compromise: a two-chamber CongressVirginia (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

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Negotiating toward a Constitution

The Three-Fifths Compromise: issues of slavery and tradeCongress agreed not to tax exports, only importsCongress agreed not to outlaw slaveryThree-Fifths Compromise: three-fifths of enslaved

population counted for apportionment of taxes and political representation

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African Americans as a Percentage of State Population, 1790

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Negotiating toward a Constitution

A strategy for ratificationConstitution submitted directly to the statesNeed the approval of at least nine statesFederalists: proponents of the ConstitutionAnti-Federalists: against a strong national government

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Negotiating toward a Constitution

The ratification debateAnti-Federalists raised arguments that still echo in

American politicsThe national government would be too powerfulState self-government and personal liberty at risk

The Federalist Papers: Alexander Hamilton, James Madison, John Jay

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Negotiating toward a Constitution

The framers’ goalsGovernment strong enough to meet the country’s needsGovernment not threatening existence of the separate statesGovernment not threatening libertyGovernment based on popular consent

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Protecting Liberty: Limited Government

Grants and denials of powerGrants:

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

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Protecting Liberty:Limited Government

Using power to offset powerMontesquieu’s concept of separation of powersMadison’s Federalist No. 10 and the problem of

overbearing majoritiesThe framers’ special contribution: separate but overlapping

powers

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Protecting Liberty: Limited Government

Separated institutions sharing power: checks and balancesSeparation of powers: divide powers of governmentShared 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 RightsFirst ten amendments to ConstitutionProtects rights of citizens, such as:

Freedom of speechFreedom of assemblyTrial by jury of peers, and legal counselFreedom of religion

Limits power of government

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Protecting Liberty: Limited Government

Judicial reviewCourts determine if governmental institution is acting

within its constitutional powersEstablished by Chief Justice John Marshall in Marbury v.

Madison (1803)

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Providing for Representative Government

Democracy versus republicFramers feared the overbearing power of the majority in a

democracyFramers preferred the concept of a republic, where people

rule through elected representativesMajority rule in a republic is limited to protect minority

rights

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Providing for Representative Government

Limited popular rulePeople participate indirectly in the process of government

through election of officialsIndirect election of president through Electoral CollegeIndirect (initially) election of senatorsFederal judiciary appointed, not elected

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Providing for Representative Government

Altering the Constitution: more power to the peopleJeffersonian democracy

Government belonged to all, not just the eliteJacksonian democracy

States give electoral votes to winner of the popular voteThe Progressives

Direct election of senators; referendums and initiatives Elected officials as delegates carry out wishes of the voters

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Constitutional Democracy TodayConstitutional: power gained through elections to be

exercised in accordance with law and with due respect for individual rights

Democratic: provides for majority influence via electionsRepublic: mix of deliberative institutions, each of which

moderates the power of the others