chapter two - weebly

Chapter Two

The Constitution

The Constitution

• The Problem of Liberty• The Constitutional Convention• The Challenges and Compromises• The Constitution and Democracy• The Constitution and Liberty• The Motives of the Framers• Constitutional Reform: Modern Views

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The Colonial Mind• Americans at the time of the Revolutionary war saw the conflict clearly

in terms of political rather than economic issues (even though there were arguments about taxation). It was a war of ideology.

• The Declaration of Independence was essentially a list of grievances against King George III and a demand for certain unalienable rights-that is rights based on nature and Providence and not on the whims or preferences of people (this was based on Lockean philosophy).

• The unalienable rights were stated by Jefferson as life, liberty and the pursuit of happiness (originally property).

• England was not seen as being able to protect these rights, due to an unwritten and unenforced constitution, so a break was needed.

• In 1776 eight states adopted written constitutions and within a few years all the states had constitutions except for CT and RI.

• Most state constitutions had a Bill of Rights protecting personal liberties.

• The country as a whole existed under the first constitution which was the Articles of Confederation- “a firm league of friendship”.



Weaknesses of the Articles of Confederation

• Could not levy taxes or regulate commerce

• Sovereignty, independence retained by states

• One vote in a unicameral Congress for each state

• Nine of thirteen votes in Congress required for any measure

• Delegates to Congress picked, paid for by state legislatures


More Weaknesses of the Articles of Confederation

• Little money coined by Congress

• Army small and dependent on independent state militias

• Territorial disputes between states led to open hostilities

• No national judicial system and no executive branch (John Hancock first “president”…didn’t show up for duties)

• All thirteen states’ consent necessary for any amendments

SHAY’S REBELLION•A group of ex-Revolutionary soldiers and officers (farmers), plagued by debts and high taxes and fearful of losing their property to creditors and tax collectors, forcibly prevented the courts in western MA from sitting.•The governor of MA asked the Continental Congress to send troops to suppress the rebellion, but it could not raise the money or manpower.•George Washington famously said: “For God’s sake, if they have real grievances, redress them: if they have not, employ the force of government against them at once.”•Finally private funds were raised and a volunteer militia was hired to disperse the rebels.•This caused fear for the weaknesses of the state governments and the Articles of Confederation.Copyright © Houghton Mifflin Company. All rights reserved. 2 | 6

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The Constitutional Convention

• The Framers (55) attending: men of practical affairs, including Continental army veterans and members of the Congress of the Confederation (RI refused to send a delegate)

• An entirely new constitution was written, although gathering was authorized only to revise the Articles of Confederation

• Primary concern was with defense of liberty as a natural right (Lockean reasoning)


Plans and Compromises

• The Virginia Plan– National legislature with supreme powers– One house elected directly by the people

• The New Jersey Plan– One vote per state– Protect small states’ interests

• The Connecticut (Great) Compromise– House of Representatives based on population– Two Senators per state, elected by state legislatures


Two Key Principles of Government

• Founders did not intent to create a direct democracy

• Popular rule only in House of Representatives

• Separation of Powers: between branches-executive, legislative and judicial

• Federalism: power divided between national and state governments


Three Categories of Constitutional Powers

• Enumerated powers: given to national government exclusively (written out); include power to print money, declare war, make treaties, conduct foreign affairs

• Reserved powers: given to states exclusively; include power to issue licenses and to regulate commerce wholly within a state

• Concurrent powers: shared by both national and state governments; include collecting taxes, building roads, borrowing money, having courts


The Antifederalist View

• “states’-righters” were not in favor of the Constitution

• Liberty could be secure only in small republics

• Nation needed, at best, a loose confederation of states with most of the power wielded by the state legislatures

• If there was a strong national government, there should be many more restrictions on it (eg a Bill of Rights)


Federalist ViewsFederalist Papers 10 and 51

• Written in response to anti-federalist views• Coalitions were more likely to be moderate

because they would represent a diversity of interests

• Governments should be somewhat distant from the passions of the people

• No bill of rights was necessary• “ambition must be made to counteract

ambition” with a balance of powers


Map 2.2: Ratification of the

Federal Constitution by

State Conventions, 1787-1790


The Constitution and Slavery

• The word “slavery” never mentioned in Constitution• House of Representatives Apportionment: 3/5 Compromise• Congress could not prohibit slave trade before 1808• Fugitive Slave Clause- slaves must be returned to owners if they

escape


Section SubjectPreamble States the purpose of the Constitution

Article I Legislative branch

Article II Executive branch

Article III Judicial branch

Article IV Relations among the States and with the NationalGovernment

Article V Amending the Constitution

Article VI National debts, supremacy of national law, and oaths ofoffice

Article VII Ratifying the Constitution

Formal Amendment Process• The four different ways by which amendments may be added to the

Constitution are shown here (shows that a balance of federal and state support necessary for change):

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