BEGINNINGS: Political essentials and foundational

ideas

1689

LOCKE’S SECOND TREATISE ON GOVERNMENT:

– Natural Rights: Life, Liberty & Property which existed before government

Legitimate government depends on

***Consent of the Governed/Popular Sovereignty:*** People must agree on who their rulers are

***Limited Government*** : Clear restrictions on government power e.g. Constitutional limitations

LIFE UNDER BRITISH RULE

INHERENT LIBERTIES AS BRITISH CITIZENS

I. A fair trial before an independent judge

II. Property rights

III. Free trade without undue government interference

IV. The right to not pay taxes to the British government since colonists weren’t represented in parliament

Why did it start to go bad?

-English Constitution (There wasn’t one really…)

• Collection of laws, charters and tradition that was thought to protect the liberties of British subjects.

• Small violations of liberties by the British government snowballed (You can’t get a little bit pregnant)

– Political Corruption

• Many colonists viewed English politicians as corrupt.

• This self-interest and greed led to abuse of power.

NEW GOVERNMENT

FOUNDATIONAL PRINCIPLES

***LIMITED GOVERNMENT***

See above

***RULE OF LAW***

-The state is governed by law, not the arbitrary

decisions of individuals-not matter how

benevolent the intention.

***FEDERALISM***

-Government power is divided between states and

the central government to safeguard against

tyranny.

***SEPERATION OF POWERS/CHECKS &

BALANCES

-The three branches are all given specific powers

that can be reigned-in by the other branches; this

includes the popular will.

***LEGISLATIVE SUPREMACY***

-The direct representatives of the people shall be

the dominant branch.

America’s first constitution 1781-1789

***CONFEDERATION: System where government power is shared by states united by a common cause.

***UNITARY SYSTEM: System where government power is concentrated at the national level.

The framers feared the concentration of government power after their experience with Britain.

A confederation allows for local government, reflecting local ways of life and focusing on local issues.

WHY DID IT FAIL?

Articles of Confederation

I. The United States did not have a common currency.

• Hampered interstate trade

•Congress and the states often printed money in order to resolve debts = INFLATION

Why the Articles of Confederation failed…

II. NO REVENUE (TAX) POWER

• Congress could not force the states nor individuals to pay tax

•Result: U.S. was unable to pay its debts

•

• States acted as individual countries and seldom agreed.

Example: - Connecticut and Virginia almost went to war over land claims!

III. NO NATIONAL UNITY

IV. Courts (Judicial Branch)

• The nation lacked a national court system, only state courts.

-No standard of justice

-No way to settle

grievances between states

V. Lack of an Executive Branch

• The nation did not have a Chief Executive, only a president elected by Congress.

-No leadership

-No one to EXECUTE laws John Hanson

1ST POTUS?

VI. Congress (Legislative Branch)

• Congress had one house. (unicameral)

•Passage of new laws needed a supermajority (9 of 13 states).

•Amendments required a unanimous vote

•Congress had no power to regulate interstate trade, coin money, or to establish a military.

MODELS OF REPRESENTATIVE DEMOCRACY

I. PARTICIPATORY: citizens have the power to

decide directly on policy and politicians are

responsible for implementing those policy

decisions.

II. PLURALIST: Groups compete with each other

for control over government

III. ELITIST: A small number of wealthy and well-

educated people control the reigns of

government

Constitutional Convention • Shays’ Rebellion illustrates that the national government is unable

to handle a crisis-the Articles of Confederation need serious revision

PHILADELPHIA 1787

• 55 delegates from 12 states meet to revise the Articles of Confederation’ – Wealthy, white males

– Average age is 42, 2/3 lawyers, 1/3 owned slaves

– Had political experience, from cities.

• No John Adams, Thomas Jefferson, Sam Adams, John Hancock, or Patrick Henry!

• Father of the Constitution – James Madison of Virginia

– Spoke over 200 times

The discussions revolved around several key issues, the most critical of which were:

• How should states be represented in congress?

• How many executives (presidents) should we have?

• Should slavery be abolished?

• How directly democratic will we be?

1787 CONVENTION MAJOR ISSUES

ISSUE VIRGINIA PLAN NEW JERSEY PLAN

SOURCE OF LEGISLATIVE POWER

Popular election/Based upon

state population

Reps selected by states

One rep per state

LEGISLATIVE STRUCTURE

Bicameral Unicameral

EXECUTIVE

Elected and removed by congress

More than one person; removable by majority

JUDICIARY

Life Tenure/Able to veto in Council of

Revision

No power over states

STATE LAWS

Legislature can override

Government can compel obedience to federal law

RATIFICATION OF CONSTITUTIONAL

AMENDMENTS

By the people

By the states

Constitutional Compromise

Connecticut Compromise

Divided congress into two houses (bicameral legislature)

• House of Reps based on state population (Big States Happy)

• Senate has two representatives per state (Small States Happy)

• One executive, popularly elected

Slavery Slavery

• The Declaration of Independence begins to change people’s attitudes towards slavery-many want it abolished.

• South Carolina and Georgia threaten to leave the Union.

Madison comes up with a solution

– 3/5 Compromise

• 3/5 of slaves were counted, for representation purposes

• Congress could outlaw the slave trade after 1808

Anti-Federalists

Opposed ratifying the new Constitution

MAJOR CONCERNS

1. Federal government would be distant from the people

2. Congress’ revenue and borrowing power are too broad (Necessary & Proper Clause)

3. No Bill of Rights existed to restrain government power

4. A standing army was dangerous to liberty

5. The federal courts would continually overrule state courts

Sam Adams Patrick Henry George Mason

Federalists

Supported ratifying the Constitution:

1. It corrected the failings of the A of C.

2. Without a strong, central government uniting the states, the country would break apart.

3. Believed no bill of rights was necessary-enough

structural check & balances existed to prevent tyranny.

Washington Madison Hamilton