8/25/2011. Serves as a nation s basic law Allocates power within government Structures competition among participants influencing government

Transcription

1 PURPOSES of a CONSTITUTION Serves as a nation s basic law Allocates power within government Structures competition among participants influencing government - May be written or unwritten - May be an accumulation of traditions & precedents Adopted 1777, Enacted 1781 Established a national legislature and a Confederation of states (a league of friendship ) However, there were many problems BUT... Before we get into the problems... It s time for Guess the States New Hampshire Connecticut New Jersey Delaware New York South Georgia North Carolina Carolina Maryland Pennsylvania Virginia Massachusetts Rhode Island Problems (Weaknesses) included: No separate president No national court system Powers of the legislature very limited Required 9 of 13 states to pass laws Required unanimous vote to amend 1

2 Weaknesses also included: Congress had no power to tax Had to request money from states (beg?) No power to regulate commerce... which inhibited foreign trade and development of a strong national economy Essentially, it failed because it created a WIMPY NATIONAL GOVERNMENT Thomas Jefferson believed - Articles just needed patching - Mainly in foreign affairs - All domestic policy should remain under power of states Others believed the Articles were beyond repair and should be replaced. James Madison Concluded that throughout history all weak political alliances had eventually dissolved because of refusal to have a central power Patrick Henry Believed that a strong central government would jeopardize self-government and liberty. He refused to take part in the Constitutional Convention in 1787, stating that he smelt a rat in Philadelphia, tending toward the monarchy. George Washington I do not conceive we can exist long as a nation, without having lodged somewhere a power which will pervade the whole Union in as energetic a manner, as the authority of the different state governments extends over the states. 2

3 55 People Participated... Who were they? Thomas Jefferson said they were: an assembly of demigods. James McGregor Burns, a famous historian, said they were: the well-bred, the well-fed, the well-read, and the well-wed. Who were they? - Mostly fairly wealthy planters or successful merchants and lawyers - Majority... Lawyers - Many active politicians in their states - Most urban dwellers rather than rural - Most college educated Who were they? And, of course, given the year they were all WHITE MEN ANOTHER POINT OF VIEW Abigail Adams, in a letter to her husband, John Adams:...remember the ladies, and be more generous and favorable to them than your ancestors. Do not put such unlimited power into the hands of the Husbands. Remember all Men would be tyrants if they could. They generally agreed about - Human nature - Causes of political conflict - Purpose of government - Nature of a republican government Note: republican basically means The People control the government There are two passions which have a powerful influence on the affairs of men: the love of power and the love of money. ~ Ben Franklin 3

4 Without a strong government, life would potentially be solitary, poor, nasty, brutish & short. Above all, the ideas of ~ John Locke The preservation of property is the end of government! Natural Rights! Probably the most important framer? ~ Madison As there is a degree of depravity in mankind which requires a certain degree of circumspection and distrust, so there are other qualities in human nature which justify a certain portion of esteem and confidence. ~ Madison What is government but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls of government would be necessary. About Political Conflict Madison was particularly concerned about Especially the potential for tyranny by one group over others. According to Madison: The most common and durable source of factions has been the various and unequal distribution of property. 4

5 Could also arise from: - Religion - Views about government - Attachment to various leaders Some were worried about The People Said that the masses were a great beast ~ Alexander Hamilton Some were worried about The People Described the rabble as A motley rabble of saucy boys, negroes, and molattoes, Irish teagues and outlandish jack tarrs! Mr. Kelly? ~ John Adams 5