England must tax Americans to pay for the French and Indian War (1763) in which England protected American colonists. Stamp Act, Sugar Act Tea Act Americans rebel because they were not represented in Parliament All thirteen colonies send delegates to Congress and a revolution was imminent due to one document that stirred public sentiment Common Sense by Thomas Paine The sun never shined on a cause of greater worth. For all men being originally of equals, no one by birth could have a right to set up his own family in perpetual (never ceasing) preference to all others forever. there is something absurd in supposing a continent to be perpetually governed by an island. John Locke - early Enlightenment philosopher who wrote The Second Treatise of Civil Government in 1689 to justify Englands Glorious Revolution. Protestants overthrew a Catholic King and Parliament now had an equal voice in determining taxation and war thereby limiting the power of the king. Questions: What is the law of nature? How does John Locke describe the law of nature? Why do people leave the state of nature and join a political society by establishing a government? Under what conditions may government be dissolved? Ideas of Locke: A belief in natural rights or rights that we are given by nature. State of nature- before governments rise we are governed by nature that reflects an innate moral sense. This natural law reflects a right to ones life, liberty and property. This challenges the prospect of monarchial law which may be tyrannical. A limited government places restrictions on government to protect our natural rights. Once government is established it is to be built upon the consent of the governed in which people determine who their leaders are. Basically the execution of law is in our own hands. How do people help in the execution of law? We punish transgressors (wrongdoers), juries, voting, public discussion Should also be based on limited government which determines clear restrictions on what rulers can do. What role should government play in our lives? What services and salacity should be provided? Role of government according to Locke? Protect our property and to insure our natural rights. What action may we take to preserve our rights if that task has not been satisfied? That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.- Locke What two limits on government according to Locke? 1. Standing laws so people understand 2. The preservation of property as to government has no right to take it without consent Life, liberty, and property Why do we participate in a political society? We join a political society to insure our liberties through a fair judiciary and legislating system that protects our lives, liberties and property. We hold these truths to be self-evident, that all men are created equal, that they are endowed by their creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed. Why did Jefferson substitute Happiness for Lockes property? Consider American development and goals? Jefferson a student of the Enlightenment Self actualization Protection of private property was still a principal purpose of government. Thesis-Compare and contrast the French and American Revolutions socially and politically. What conclusion could be drawn? The Conservative Revolution- Contrary to other revolutions, the American Revolution did not reflect the civil violence and need to change their social, political and economic institutions. What are some inherent weaknesses with The Articles of Confederation? Consider geography and economic interests. Plan to organize the thirteen states under a federal government. Form a collective of states under one course of rule in 1781 Could not tax, Congress has to ask for state donations! Not many delegates consistently attended Decentralized government (states) No regulation of interstate commerce No courts One chamber or house/1 vote per state Required unanimous consent Only eight of thirteen states ratified it. Others were opposed to it because western states would receive land in the Ohio River Valley and sell it to pay their war debts. By 1781 all thirteen states agreed to the Articles of Confederation because western states gave up their land claims and turned the land over to the federal government Weaknesses with the Articles of Confederation 1. Congress could not tax 2. The federal government depended on voluntary donations from states. 3. States regulated trade which meant trade practices, taxes and pricing varied from state to state. Even currency varied from state to state. 4. Could not enforce laws because there was no federal tax Pays for an army 5. It took a unanimous decision to pass legislation STATES were empowered over federal government and EXECUTIVE branch weak Success: government under the Articles did manage to pass the following which was a success: The Northwest Ordinance -plan for organizing the territory and guiding it to statehood by Thomas Jefferson. Assemblies would form with a population of 5,000 free males. Once there were 60,000 people they could apply for statehood Civil Liberties provided: 1. No slavery 2.. Freedom of religion 3. Fair trials Congress sold western lands to land speculators Why would they do this? Federal government had no power to tax. Printed money-eventually worthless. States adopted bills that did not discriminate against ones religion and liberalized voting requirements (free to vote with no land). This was done to keep people from moving west. The end result was a rising middle class Shays Rebellion: 1787 high taxes to pay war debt ex soldiers, unpaid for service, farms lost to foreclosure Quelled (stopped) Politicians concern- danger of an armed uprising by commoners, no money for a national militia or army (from taxes) and violation of property rights Motivated them to establish a new government or Constitution. 1786 Annapolis Meeting a failure, five states show Constitution A nations basic law. Creates political institutions, a Assigns or divides powers in government Provides certain guarantees to citizens. Sets the broad rules of the game. Philosophy behind the Constitution: Human Nature Thomas Hobbes- Leviathan argues that in a world of limited resources humans will be driven to conflict. What type of leadership would be necessary and decision making process would be necessary? Does the end justify the means? Order is to be restored by a dominant leader. Delegates opposed this view though Hamilton believed -people were flawed, federal government necessary Political conflict: Factions (interest groups, parties) developed. Why did these factions develop? Majority had little property, minority had wealth in the form of land. Why were factions a concern? If one faction seized control of government-tyranny, instability and violence Federalist Papers- James Madison, John Jay and Alexander Hamilton Wrote essays in support of a federal government and the Constitution One month after convention under the name Publius ( led revolt in 503 BCE to overthrow monarch.) Public, friend of the people Federalist Paper Number 10 Questions: 1. What is Madisons motivation for writing the essay? 2. What is the difference between a pure democracy and a republic? Which does not work and why? 3. How may factions be removed (two ways)? 4. How is public view impacted within a pure democracy vs. a republic? 5. How may corruption or control of agenda be controlled within the representative body itself? 6. How is the problem of factious leaders addressed within a republic? -Federalist 10- The most common source of factions has been the various and unequal distribution of property 1.Protect minority from majority 2. Pure democracy does not work 3. Factions will develop. Cannot be avoided unless liberty is removed or citizens share opinions. Causes of factions may not be removed Federalist 10 continued Two differences between a democracy and republic are 1. Delegation of govt. (smaller in a rep.) few representatives for larger population. Advantage.-refined public view as processed through reps. Must have a raised number of reps. Prevents corruption Influence of factious leaders may kindle flame in their own state but not others. 2. Greater number of citizens and larger sphere Dilutes the voice Penn. Delegate Morris reflected the wealth of Constitutional delegates- preservation of property, object of government. Opposed to allowing the landless to vote Why were the landless not permitted to vote? The poor would sell their votes to the rich Critical Issues of Convention Equality, Economy and Individual Rights Dec. of Ind.- all men created equal vs. Constitution Constitution-silent on equality. Empowered federal government Three Immediate Issues Regarding States: 1. Equality and Representation of States: New Jersey Plan by William Paterson. Each state equally represented in Congress. Opposing plan was Edmund Randolphs Virginia Plan based on states population. Connecticut Compromise Roger Shermans compromise. Two houses in Congress. Senate would have two reps. (New Jersey Plan) House of Reps. Would be based on state population(VA Plan) 2. Slavery-1787 slavery legal every state but MA. Constitution refers to slaves as persons held to service or labor. Charles Pinckney of SC agreed- abolish slave trade (importation) in 1808 Southerners wanted slaves counted for representation in the House Would have to pay taxes. Three Fifths Compromise- Every three out of five slaves counted. Rep. and tax based on number of free persons, plus three fifths of all other persons. 13 th Amendment would later abolish slavery 3. Equality in Voting- Ben Franklin suggests universal manhood suffrage or all free men. Constitutional delegates passed it to the states in letting them determine who could vote Economic Issues: Economy was struggling after the war. States had tariffs (tax on imports) against other states. Paper money was worthless from state to state Congress could not raise money Charles Beard contends the Framers of the Constitution were intent on increasing their wealth They held bonds and investments that would increase the Constitution was adopted. Has been refuted. They were building a stable economy and the preservation of property Constitution also obligated the new government to pay off all public debts, debts from the Articles of Conf. and Continental Congress ($54 million) to insure confidence and investment. Individual Rights Issues Constitution does little for personal freedoms. Some protections: writ of habeas corpus- immediate inquiry at the time of detention (except in time of war). No proper explanation - release (Article 1 Section 9) Congress or states cannot pass bills of attainder (punish, no trial) No ex post facto laws (punish for crime when no law was present) No religious qualifications for holding office (Article VI) Treason must be proven with two witnesses of same act (Article III, Section 2) Trial by jury Madisonian System Feared faction takeovers Redistribution of property a concern How could they be responsive to the majority but protect the property of the minority? Minority easy to handle-vote Majority may takeover and redistribute wealth Federalist 51- Ambition must be made to counteract ambitionfirst enable the government to control the governed and then in the next place oblige itself. What is Madison stating? Government must have checks and balances. Preventing tyranny 1. Limit Majority Control- voters could only vote for House representative. These reps. would vote for senators and pres. Through state legislatures This established a republic. Seventeenth Amendment(1913) gave direct vote to citizens Even with House control, Senate and Exec. Must participate. Judges serve for life as to not change with parties of power Senators serve six years while Reps. Serve two years 2. Separating Powers: Baron Montesquieu Three branches of government with a system of checks and balances: Sets power against power to constrain govt. actions Marbury vs Madison established the Supreme Court power to exercise judicial review or the right to hold actions of the other two branches unconstitutional. Empowers the Supreme Court to determine constitutionality How should people be represented within a republic yet limit majority control? Let the property owning public vote for House Representatives (pop.) Protect Minority-State legislatures elected Senators (2) and special electors chose the president. **Small minority, not the people themselves voted for govt. officials President nominates judges with confirmation by Senate committee. No decisions may be made independently by any branch The system of checks and balances favors the status quo. (common practice, moderation) Simple majority of 51 percent means that the Madisonian model encourages moderation, compromise and change is slow. Ratifying Constitution Required approval from 9 of 13 states whereas Articles of Conf. required unanimous vote Pol. Parties develop: Federalists approve of the Constitution. It empowered their idea of a federal government. Supported international trade, strong national govt., Ainti-federalists believed in a state government and individual rights were ignored in the Constitution and it was a class based document Later to become Democratic Republicans Madison wrote ten amendments referred to as the Bill of Rights to insure individual liberties against a federal government. Bill of Rights Amendment I- Freedom of speech, press and assembly. Freedom to petition government. Amendment II- Right to bear arms Amendment III- No citizen shall be forced to quarter troops during peacetime Amendment IV- No unreasonable searches and seizures Amendment V Grand Jury for serious crime No second prosecution for same crime No compulsion to testify against oneself No loss of life liberty or property without due process of law Amendment VI Right to a speedy trial by a local, impartial jury Right to be informed of charges Right to legal counsel Right to compel the attendance of favorable witnesses Right to cross examine witnesses Amendment VII Right to a jury in a civil (one citizen against another) case when controversy exceeds $20 Amendment VIII No excessive bail or fines No cruel and unusual punishment N Amendment IX- Unlisted rights are not necessarily denied Amendment X Powers not delegated to the national government or denied to the states are reserved for the states or the people Ratification Federalists specified- special state conventions, not state legislatures to pass the Constitution NC and RI held out in demand of the Bill of Rights Now the document empowered fed. gov.,states and individuals Washington unanimous Pres. John Adams (His Superfluous Excellence, His Rotundity) VP Constitution is a living document. It may be changed or amended. Two ways to amend: 1. Formal Amend. Process- Article V. Proposed by a two-thirds vote in each house or a national convention with two-thirds of state legislatures. Ratified by a three-quarter vote of state legislatures or state conventions. One proposed amend. which was not ratified for 49 years was the Equal Rights Amendment. Equality of rights under the law shall not be denied or abridged by the US or by any state on account of sex. 1972 Southern states opposed 2. Informal Amend: Judicial Interpretation- Marbury v Madison- Supreme Court with judicial review- actions of executive and leg. branch (state and federal) constitutional? Changing Political Practice- Framers did not intend for political parties or popular vote (citizens to vote directly) Technology- changes in media influences voting, weapons development increases power of pres. War on terror has established a stronger executive branch upset constitutional system Congress passed resolutions after 9/11 to allow exec. Branch to determine the identity of enemy How could identity be determined and what rights may be infringed? Wire taps, library cards, internet use (Patriot Act) all means necessary and appropriate to defend UN resolutions regarding Iraq Democratization of Constitution- from elitism to inclusion Expanded voting rights Five amendments-15 th - no discrimination based on race (1870 Voting Rights (1965) 19 th 1920-women vote 23rd- residents right to vote in pres. Election 24 th no poll taxes. Aimed to end black discrimination. 26 th -voting age lowered to 18. During Vietnam War. One could fight, one should voet.