the constitution. the shrine of the constitution
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The Constitution
The Shrine of the Constitution
Enlightenment Influence John Locke, Second Treatise on
Government:State of Nature = anarchyGovernment = contract to protect
Natural Rights (Life, Liberty, Property)Right of Revolution if government
threatens rights Montesquieu, The Spirit of the
Laws:Separation of powers into 3 branches
would provide checks & balances between them & prevent tyranny
Republics only work in small territory with homogenous population
Charles de Secondat,Baron de Montesquieu
American View of Constitution Normative - what ought to be, not what
already exists Actual representation, not virtual Rights inherent in people, not granted by
King People are sovereign, not government
Problems
Slavery contradicted egalitarian rhetoric Establishment of religion attacked by
dissenters as taxation without representation Problem of balancing government if there
were no nobles or KingDemocracy seen as dangerousDeference to the best men was endangered
Economic Adjustment in the 1780s
Economic downturn after initial postwar buying spree
No national currencyworthless ContinentalsState paper moneyBritish pounds & Spanish
dollars Shay’s Rebellion scared
wealthy elites – suggested danger of democracy
Virginia Currency
Daniel Shays
2 Groups of People Localists:
Poor, rural debtorsOpposed to strong central governmentFavored paper moneyNot well-traveled or well-educated
Cosmopolitans:Wealthy, urban creditorsFavored strong central governmentFavored “hard” moneyWell-traveled and well-educated
John Adams, Defense of the Constitutions of America:
Bicameral legislature with higher property requirement for upper house checks power of the masses
Independent executive with veto power checks legislative corruption
Independent judiciary keeps legislature honest
James Madison
Republics work best in large, diverse territory
Tyranny of the majority is greatest threat in a republic
Popular will refined through indirect elections
Aristocracy of merit
The Articles ofConfederation Drafted by John
Dickinson & 13-man committee, June-July 1776
Passed by Congress in Nov. 1777; ratified by 8 states in 1778
Remaining states held out for abandonment of western land claims
Western Land Cessions
JohnDickinson
The Articles of Confederation
Unicameral Congress, with each state receiving one vote
No executive or judicial branches
Could recommend laws and taxes to states, but could not enforce them
Amendments required unanimous approval by state governments
Northwest Territory
Areas of Agreement about the Powersthe Central Government Needed
Power of direct taxation Power to regulate interstate commerce Power to call up militia and coerce states Power to act militarily and diplomatically Power to regulate state tender laws National judiciary Amendability without unanimity Supremacy of national laws over state laws
Areas of Disagreement
Election and representation Nature and power of executive Extent of national government’s powers
and state governments’ powers
The Virginia & New Jersey Plans
Virginia Plan:Bicameral legislatureRepresentation based
on populationStrong, independent
executive
New Jersey Plan:Unicameral
legislatureEqual representation
for each state3-man executive
elected by legislature
WilliamPaterson
EdmundRandolph
Roger Sherman’s Connecticut Compromise Bicameral legislature Representation in lower house
(House of Representatives) based on population (census every 10 years)
Each state gets two representatives in upper house (Senate), who can act independently
New states come in on equal basis
Strong executive with veto power
Roger Sherman
Compromises on Slavery 3/5 of slaves counted toward
representation & taxation Congress couldn’t ban slave trade for 20
years Fugitive Slave Clause required capture
& return of escaped slaves Northwest Ordinance banned slavery
in Northwest, but allowed in Southwest
Separation of Powers
Checks and Balances
Traditional Federalism
The Ratifying Conventions
Anti-Federalists’ Arguments:Too much power taken from sovereign
statesThe President will become a KingThere’s no Bill of Rights like the states have
Federalists’ Responses:The people are sovereign – gave some
power to states, others to national government
Strong President needed to check strong Congress
Bill of Rights unnecessary because Congress’ powers are enumerated, therefore limited
Patrick Henry
Ratification
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