chapter 2. before the constitution: colonial and revolutionary experiences before the constitution...

Chapter 2

Before the Constitution: Colonial and Revolutionary ExperiencesBefore the Constitution

Colonial experiences with democratic institutions; English Parliament and colonial charters

The “rights of Englishmen”—including trial by juryRepeal of the Stamp Act: a tax on colonial newspapers and

documentEnactment of the Townsend Act: tax on teaFirst Continental Congress

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Before the Constitution: Colonial and Revolutionary ExperiencesDeclaration of Independence

A call to revolution—liberty, equality, individual rights, self-government, lawful powers

Philosophy of John Locke Inalienable (natural) rights: life, liberty, and property Social contract: government has responsibility to preserve rights

Thomas Jefferson “All men are created equal” Just powers derive from the consent of the governed


Before the Constitution: Colonial and Revolutionary ExperiencesArticles of Confederation

Adopted during the Revolutionary WarCreated weak national governmentStates retained “sovereignty, freedom and independence”Prohibited Congress from interfering in states’ commerce

policiesProhibited Congress from taxation


Before the Constitution: Colonial and Revolutionary ExperiencesA nation dissolving

Raised fears about the weakness of the national governmentWeakened Congress—nation dissolvingFarmers, led by Daniel Shays, marched to prevent

foreclosures on their landCongress unable to raise army to quell rebellionMotivated Congress to authorize a convention in

Philadelphia to revise Articles of Confederation


Negotiating toward a ConstitutionThe Great Compromise: a two-chamber Congress

Virginia (large-state) Plan Representation based on population number Greater power to larger states

New Jersey (small-state) Plan Each state would have one vote Equal power to large and small states

Great Compromise: two-chamber Congress House of Representatives: proportional representation Senate: equal representation


Negotiating toward a ConstitutionThe Three-Fifths Compromise: issues of slavery and trade

Congress agreed not to tax exports, only importsCongress agreed not to outlaw slaveryThree-Fifths Compromise: three-fifths of enslaved

population counted for apportionment of taxes and political representation



Insert Figure 2-1African Americans as a Percentage of State Population, 1790

Negotiating toward a ConstitutionA strategy for ratification

Constitution submitted directly to the statesFederalists: proponents of the ConstitutionAnti-Federalists: against a strong national government


Negotiating toward a ConstitutionThe ratification debate

Anti-Federalists raised arguments that still echo in American politics The national government would be too powerful State self-government and personal liberty at risk

The Federalist Papers: Alexander Hamilton, James Madison, John Jay


Negotiating toward a ConstitutionThe framers’ goals

Government strong enough to meet the country’s needsGovernment not threatening existence of the separate statesGovernment not threatening libertyGovernment based on popular consent



Insert Table 2-1Major Goals of the Framers of the Constitution

Protecting Liberty: Limited GovernmentGrants and denials of power

Grants: Limit government by stating specific powers in the Constitution Total of seventeen powers

Denials: Limit government by stating specific prohibitions in the

Constitution Constitution difficult to amend


Protecting Liberty:Limited GovernmentUsing power to offset power

Montesquieu’s concept of separation of powersMadison’s Federalist No. 10 and the problem of

overbearing majoritiesThe framers’ special contribution: separate but overlapping

powers



Insert Table 2-2Constitutional Provisions for Limited Government

Protecting Liberty: Limited GovernmentSeparated institutions sharing power: checks and balances

Separation of powers: divide powers of governmentShared institutions—checks and balances

Shared legislative powers: Congress checked by the president, Supreme Court

Shared executive powers: president checked by Congress, Supreme Court

Shared judicial powers: courts checked by the president, Congress



Insert Figure 2-2The System of Checks and Balances

Protecting Liberty: Limited GovernmentBill of Rights

First ten amendments to ConstitutionProtects rights of citizens, such as:

Freedom of speech Trial by jury of peers, and legal counsel Freedom of religion

Limits power of government


Protecting Liberty: Limited GovernmentJudicial review

Courts determine if governmental institution is acting within its constitutional powers

Established by Chief Justice John Marshall in Marbury v. Madison (1803)


Providing for Self-GovernmentDemocracy versus republic

Framers feared the overbearing power of the majority in a democracy

Framers preferred concept of a republic, where people rule through elected representatives

Majority rule in a republic is limited to protect minority rights


Providing for Self-GovernmentLimited popular rule

People participate indirectly in process of government through election of officials

Indirect election of president through Electoral CollegeIndirect (initially) election of senatorsFederal judiciary appointed, not elected



Insert Table 2-3Original Methods of Choosing National Leaders

Providing for Self-GovernmentAltering the Constitution: more power to the people

Jeffersonian democracy Government belonged to all, not just elite

Jacksonian democracy States give electoral votes to winner of the popular vote

The Progressives Direct election of senators; referendums and initiatives Delegates carry out wishes of the voters



Insert Table 2-4Measures Taken to Make GovernmentMore Responsive to Popular Majorities

Constitutional Democracy TodayConstitutional: power gained through elections to be

exercised in accordance with law and with due respect for individual rights

Democratic: provides for majority influence via electionsRepublic: mix of deliberative institutions, each of which

moderates the power of the others


chapter 2. before the constitution: colonial and revolutionary experiences before the constitution...

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