Constitutional Democracy: Promoting Liberty and Self-Government Chapter 2
Before the Constitution: Colonial and Revolutionary Experiences The Rights of Englishmen Life, liberty and property to which all people are entitled Stamp Act: a tax on colonial newspapers and document Townsend Act: tax on tea 2009 McGraw-Hill Higher Education. All rights reserved. 2
Events Leading to the War Boston Tea Party First Continental Congress Lexington and Concord 2009 McGraw-Hill Higher Education. All rights reserved. 3
Declaration of Independence A call to revolution liberty, equality, individual rights, self-government, lawful powers John Locke: Two Treatises of Government Inalienable (natural) rights: Life, liberty, and property Government has responsibility to preserve rights Thomas Jefferson: All men are created equal Just powers derive from the consent of the governed 2009 McGraw-Hill Higher Education. All rights reserved. 4
Before the Constitution: Colonial and Revolutionary Experiences Articles of Confederation Adopted during the Revolutionary War Created weak national government States retained sovereignty, freedom and independence Prohibited Congress from interfering in states commerce policies Prohibited Congress from taxation 2009 McGraw-Hill Higher Education. All rights reserved. 5
Before the Constitution: Colonial and Revolutionary Experiences Shays s Rebellion Raised fears about the weakness of the national government Farmers, led by Daniel Shays, marched to prevent foreclosures on their land Congress unable to raise army to quell rebellion Motivated Congress to authorize a convention in Philadelphia to revise Articles of Confederation 2009 McGraw-Hill Higher Education. All rights reserved. 6
Negotiating Toward a Constitution The Great Compromise 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 Similar to the Articles Great Compromise: two-chamber Congress House of Representatives: proportional representation Senate: equal representation 2009 McGraw-Hill Higher Education. All rights reserved. 7
Negotiating Toward a Constitution North-South compromise: the issue of slavery Congress agreed not to tax exports, only imports Congress would be prohibited until 1808 from passing laws to end the slave trade Three-Fifths Compromise: three-fifths of enslaved population counted for apportionment of taxes and political representation 2009 McGraw-Hill Higher Education. All rights reserved. 8
Negotiating Toward a Constitution A strategy for ratification Established that 9 out of the 13 states were needed Federalists: proponents of the Constitution Anti-Federalists: against a strong national government No bill of rights Favored a revision of the Articles The Federalist Papers: Alexander Hamilton, James Madison, John Jay Government needed to be powerful Separation of power/checks and balances would protect states and liberties Federalists promised a bill of rights to get NY and VA to ratify 2009 McGraw-Hill Higher Education. All rights reserved. 9
Negotiating Toward a Constitution The Framers goals Government strong enough to meet the country s needs Government not threatening existence of the separate states Government not threatening liberty Government based on popular consent 2009 McGraw-Hill Higher Education. All rights reserved. 10
Protecting Liberty: Limited Government Grants and denials of power Grants: Limit government by stating specific powers in the Constitution Total of seventeen powers Article 1 Section 8 Denials: Limit government by stating specific prohibitions in the Constitution (suspension of habeas corpus, ex post facto) Constitution difficult to amend 2009 McGraw-Hill Higher Education. All rights reserved. 11
Protecting Liberty: Limited Government Sharing Power Separation of powers Checks and balances Federalist #10 describes majority and minority factions Only separation of powers would make it too easy for a single faction to exploit a particular area of political power Overlapping powers would force factions to work together among the different branches 2009 McGraw-Hill Higher Education. All rights reserved. 12
Protecting Liberty: Limited Government Bill of Rights First ten amendments to Constitution Protects rights of citizens, such as: Freedom of speech Trial by jury of peers and legal counsel Freedom of religion Limits power of government 2009 McGraw-Hill Higher Education. All rights reserved. 13
Protecting Liberty: Limited Government Judicial Review Constitution doesn t state who has this power Courts determine if governmental institution is acting within its constitutional powers Established by Chief Justice John Marshall in Marbury v. Madison (1803) 2009 McGraw-Hill Higher Education. All rights reserved. 14
Providing for Self-Government Democracy versus republic Democracy is unlimited majority Majority rule is limited to protect minority rights Representatives should act as the public s trustees Limited popular rule People participate indirectly in process of government through election of officials Indirect election of president and (initially) Senators Federal judiciary appointed, not elected 2009 McGraw-Hill Higher Education. All rights reserved. 15