UNIT #1: Constitutional underpinnings of the u.s. government

Considerations that Influenced the Formulation and Adoption of the Constitution (p.p. 28-52)

LEQ: How do we reconcile economic inequality with political freedom?

Origins of the Constitution

Declaration of Independence (31)

John Locke’s Natural Rights (32)

John Locke’s Consent of the Governed (32)

John Locke’s Limited Government (32)

Origins of the Constitution (cont’d)

Traditional view of government: King had divine right to absolute rule over his subjects

New view of government: certain things are beyond the realm of government

What did the framers think the purpose of government was?

Property=wealth

The government should preserve individual property

Patient Sufferance (33)

Thomas Jefferson: the government should secure rights, e.g. “life, liberty...”

Articles of Confederation

Articles of Confederation (35)

Government dominated by states, failed

Fear that a strong central government would become tyrannical (remember the King?)

Congress had little power, they could not: regulate commerce, tax, develop strong national economy

Dissatisfaction over the Articles of Confederation

Democracy/liberty for white males only

Positive change: power shift, new middle class

Economic turmoil/post Revolutionary War depression

Shay’s Rebellion (37)

Congress can’t raise militia to deal with conflict(s)

Annapolis Meeting calls for meeting of the states

The Philadelphia Convention

Purpose of Convention: revise Articles of Confederation

Republican Government (38)

Delegates agreed on four things: human nature, political conflict, objects of government, and the nature of republican government

What is Human Nature?

Thomas Hobbes’ Leviathan (38)

Without a strong government, life will be “solitary, poor, nasty, brutish and short.” (The premise of every zombie movie. Ever.)

People are self-interested

Government should play a key role in containing self-interest of people

Roots of Political Conflict

James Madison’s view: distribution of wealth is the source of political conflict. (2012 Campaign?)

Factions (39)

The Writers of the Constitution

They’re all wealthy, they all want to preserve that wealth (property)

Primary objective: preserve individual rights to acquire and hold wealth

Nature of Government

Power should be set against power, so no one faction would overwhelm the other

To avoid tyranny, checks and balances and the separation of powers

Equality & Representation of the

StatesNJ Plan (41)

VA Plan (41)

CT Compromise (41)

3/5 Compromise (42)

States decide voting qualifications

Economic Issues

Federalists (43) (49)

Anti-Federalists (43) (49)

Under Articles of Confederation, there was a chaotic union of states, e.g. New Jersey may not have accepted money brought from New York

Constitution Give Congress Power

It granted Congress the power to create the conditions with which markets would flourish:

They became the chief economic policy maker

They had power to tax and borrow for revenue

They could regulate interstate/foreign commerce

Individual Rights Issues

Constitution says little of personal freedoms, what is protected?

Writ of Habeas Corpus (45)

Bills of Attainder (45)

Ex Post Facto Laws (45)

The Madison Model

What is tyranny of the majority?

Fear of factions, majority could out-vote minority faction

How would Madison avoid a tyranny of the majority?

The Madison Model (cont’d)

How would Madison avoid tyranny of the majority?

Limiting Majority Control, e.g. only House is within direct control of the votes of the majority

Separation of Powers (46)

Checks and Balances (47)

Division of power between national/state governments (federalism)

The Constitutional Republic

Republic (48)

Checks and balances & separation of powers slows change

If you desire change you must have a sizable majority, this makes it hard for the majority/minority to tyrannize

What do critics say about the Madisonian Model?

Federalists & Anti-Federalists

Federalists (49)

Anti-Federalists (49)

Federalist Papers (49)

Table 2.5 (50)

What does ratify mean?

9/13 states need to approve Constitution

Bill of Rights

Bill of Rights (51)

Table 2.6 (51)

Bill of Rights restrained national government from limiting personal freedoms

Constitution weakened the power of the states

What are some fears of the Anti-Federalists?