chapter 2 establishing a constitutional democracy © 2009, pearson education fiorina, peterson,...

Chapter 2 Establishing a Constitutional

Democracy

© 2009, Pearson Education

Fiorina, Peterson, Johnson, and MayerNew American Democracy, Sixth Edition


The First National Election

1787 and 1788Voters choose delegates to ratification conventions in each of the 13 statesFederalists– Wrote and campaigned for ratification of the

ConstitutionAnti-Federalists– Opposed


The First National Election

Federalists won by persuading 11 of 13 states to ratify the Constitution

February,1789 Washington elected president

Constitution was not the product of a secretive meeting, but in the end the work of all those who voted in the first national election


The Colonial and Revolutionary Era The Colonial Experience With Democracy

The Virginia Company and “Virginia”Jamestown had first representative assembly (1619)Self-government short-lived– 1624 James I reclaimed the territory– right to govern given by God: divine right

Royal colonies– king’s representative– elected assemblies

Pilgrims– religious dissenters– rejected divine right of kings– formed Mayflower Compact

• express consent to be governed


The Colonial Experience with Democracy

Governance in the ColoniesProprietary colonies: governed by English noble or company– When unsuccessful became royal colony

Power in both types of colonies divided– Governor: patronage power– Two-chamber legislature: power to tax

• Lower chamber: colonial assembly• Upper chamber: colonial council• Not democratic: voting restricted to qualified males

Voting Qualifications– The colonists did not allow women, slaves, or

indentured servants to vote


Spread of Democratic Ideals During the Revolutionary WarTaxation without representation

Colonists asked to help with cost of keeping troops in colonies1765 imposition of Stamp Tax on colonies– Already in use in Britain, where taxes were

higher than in the colonies– Colonists had never paid a direct tax, had no

voice– Stamp Act Congress– Patriots — Boston Tea Party


Spread of Democratic Ideals During the Revolutionary War The Continental Congresses

1774: First Continental Congress– 12 colonies sent delegates– Issued statement of rights, called for boycott– Patriots began military activity; Tories

remained loyal to crownShots heard round the world1775: Second Continental Congress1776: Declaration of IndependenceSeven-year War for independence ended with the Treaty of Paris in 1783


Theory of Rights and Representation

Consent of the Governed

– Hobbes (1651)

– critical ideal in the Declaration

Separation of Powers

– Locke (1690) consent of governed, but no need to concentrate power in one ruler

– legislative power

– executive power

– Montesquieu later added judicial power


Theory of Rights and Representation

Citizen Rights and RepresentationWhigs: critics of concentration of power in British government– Not enough to have separation of powers– Citizens should be able to check

government– Harrington: elections for the ablest leaders– Thomas Paine: Common Sense– Application of these rights restricted to men

with property


Government After IndependenceBroadening of Participation

Aftermath of war: – Easing of property-holding voting restrictions

Impact on who was electedTerm limitsAbigail Adams: – Early advocate of suffrage for women


Government After IndependenceArticles of Confederation (1781-1789)

“Firm league of friendship”Continental Congress granted limited powers– Could not tax directly– Could declare war, but not raise an army directly– Could coin money; but could not stop states from

doing so– Could negotiate with other countries on tariffs,

but so could individual states– Could not force states to get along commercially– Supermajority required to take any action– Unanimity required to alter Articles


Voting of Delegates at Constitutional

Ratifying Conventions

Government After Independence


Government After Independence

Shay’s RebellionOther domestic unrestThreats from abroad– Britain– Spain– France

Need for solution to weak governance


The Constitutional Convention

Preceded by the Annapolis Convention– reform minded– Only 5 states represented

Madison requested Congress ask each state to send delegates to a convention – Purpose: revise the Articles– Most states favored some revision– Rhode Island the exception– Individuals in opposition stayed away, for

example Patrick Henry– Ten delegates abandoned convention; another

three refused to sign


The Constitutional Convention Virginia plan had support of more populous states– less populous states were uneasy

New Jersey plan offered as alternative– three branches with different powers– kept one chamber of Congress, with each state

having one vote– did not grant Congress broad powers

• Rather, very specific powers


The Constitutional Convention The Connecticut Compromise

Majority of states supported Virginia PlanSmall states considered leaving and thus killing chance of ratificationCommittee given task of resolving problemSolution: split the difference – Big states – House proportionate to population– Small states – equality in the Senate


The Constitutional Convention


A Government of Separated Powers

End result was a government with three branches that divided power among themLegislative– Powers: tax, coin money, regulate commerce,

declare war, maintain an army– Necessary and proper clause– House chosen by voters every two years; no term

limits– Senate selected by state legislatures; six year

terms– States could choose own voter qualifications


Executive– Presidential power under tight congressional

control– Senatorial advise and consent

• president signs treaties; treaties only take effect if two-thirds of Congress approves

• president can appoint both judges and executive branch offices, but appointees must be confirmed by a majority of the Senate.

– Impeachment clause makes president dependent on Congress• House impeaches the president• Senate tries the president



A Government of Separated Powers Electoral College– Large versus small state dispute– Popular vote? Large states would dominate presidential

choice– Chosen by Senate? Small states would have extra influence– Resolution: compromise with the electoral college

• states choose the same number of electors as it has senators and representatives in Congress; DC has three electoral votes

• selects electors from states (states choose how to select) and then electors vote for president

• must win majority of electoral college• if not, action moves to the House of Representatives

where each state delegation has a single vote (giving more power to smaller states)

– Should the electoral college be eliminated?


Judicial Compromise

Most delegates agreed on need for a Supreme CourtDid not agree on need for lower courtsCompromise: left it to Congress to decideJudicial review controversial as well– Some, perhaps most, supported the court

having authority to declare laws null and void– When opposition emerged, delegates

maintained silence and left the issue alone– Supremacy Clause

• says the Constitution is the “supreme Law of the Land”


Compromising on Slavery

Topic was discussed– Only one delegate said it was his moral duty to

eliminate slavery– Focus was instead ending international slave

trade– Compromise reached: slave importation would

cease in 20 years– Three-fifths Compromise

• counting five slaves traded for imposing tariffs on foreign goods as three freemen


A Bill of RightsWhat of the protection of people’s liberties?– Neglected to include provisions in draft of the

Constitution– State constitutions generally included such

provisions– Protection of liberties the duty of the states?– Roadblock to ratification: needed explicit

expression of Whig theory of rights– Bill of Rights was promised


A Bill of Rights


Federalists Versus Anti-Federalists: The Debate

Anti-FederalistsDecentralized governmentPopular governmentFeared tyrannyFeared a powerful presidencyFeared a Congress with too few representatives

FederalistsMadison, Hamilton, and JayFederalist PapersNational government necessary to create strong countryExternal threats Internal factions willing to impose will on othersThese = tyranny as wellSolutions:– Separation of powers– Checks and balances


Amendments to the Constitution

Need for compromiseBig states: fear of stagnation and protracted conflict with unanimity rule for amendments Small states: fear of dominance of big state agendasFear of endangering slavery if amendment too easily accomplishedResult: complicated formula


Amendments to the Constitution


Assessing the Constitution: A Step Backward?

Constitution consolidated changes that already existed in states– Citizen participation – Representation

Constitution did not extend the right to vote, but did not restrict it furtherAltered the institutional nature of the national government



CriticismsPowers of the Supreme Court poorly definedElectoral college does not always seems to workOther issues poorly defined, vaguely expressedFalls short of expressing contemporary democratic ideals relating to basic freedomsShortfalls related to the need for ratification– Slavery and voting rules win support of white,

male, propertied population


Assessing the Constitution: Achievements

Created unified nation capable of defending itselfFacilitated the country’s economic development– Outlawed separate state currencies– Outlawed state tariffs

Created a presidency that was first filled by Washington


Assessing the Constitution:The Constitution Today

Constitution continues to give many groups and interests opportunities to voice their concerns

Constitutional ambiguity has been a plus

Adaptability: stunning accomplishment

Successful governing arrangements

Stain of slavery

– Could not resolve an intractable problem

– Strong solution would mean no ratification

chapter 2 establishing a constitutional democracy © 2009, pearson education fiorina, peterson,...

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