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Chapter 2
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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 “Life, liberty, and the pursuit of happiness” “All men are created equal” Just powers derive from the consent of the governed
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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 taxationNeeded unanimous consent of states to approve
amendments
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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, fomented armed rebellion 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
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Negotiating toward a Constitution
The Great Compromise: a two-chamber CongressVirginia (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
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Negotiating toward a Constitution
The Three-Fifths Compromise: issues of slavery and tradeCongress 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
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African Americans as a Percentage of State Population, 1790
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Negotiating toward a Constitution
A strategy for ratificationConstitution submitted directly to the statesNeed the approval of at least nine statesFederalists: proponents of the ConstitutionAnti-Federalists: against a strong national government
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Negotiating toward a Constitution
The ratification debateAnti-Federalists raised arguments that still echo in
American politicsThe national government would be too powerfulState self-government and personal liberty at risk
The Federalist Papers: Alexander Hamilton, James Madison, John Jay
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Negotiating toward a Constitution
The framers’ goalsGovernment strong enough to meet the country’s needsGovernment not threatening existence of the separate statesGovernment not threatening libertyGovernment based on popular consent
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Protecting Liberty: Limited Government
Grants and denials of powerGrants:
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
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Protecting Liberty:Limited Government
Using power to offset powerMontesquieu’s concept of separation of powersMadison’s Federalist No. 10 and the problem of
overbearing majoritiesThe framers’ special contribution: separate but overlapping
powers
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Protecting Liberty: Limited Government
Separated institutions sharing power: checks and balancesSeparation 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
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Protecting Liberty: Limited Government
Bill of RightsFirst ten amendments to ConstitutionProtects rights of citizens, such as:
Freedom of speechFreedom of assemblyTrial by jury of peers, and legal counselFreedom of religion
Limits power of government
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Protecting Liberty: Limited Government
Judicial reviewCourts determine if governmental institution is acting
within its constitutional powersEstablished by Chief Justice John Marshall in Marbury v.
Madison (1803)
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Providing for Representative Government
Democracy versus republicFramers feared the overbearing power of the majority in a
democracyFramers preferred the concept of a republic, where people
rule through elected representativesMajority rule in a republic is limited to protect minority
rights
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Providing for Representative Government
Limited popular rulePeople participate indirectly in the process of government
through election of officialsIndirect election of president through Electoral CollegeIndirect (initially) election of senatorsFederal judiciary appointed, not elected
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Providing for Representative Government
Altering the Constitution: more power to the peopleJeffersonian democracy
Government belonged to all, not just the eliteJacksonian democracy
States give electoral votes to winner of the popular voteThe Progressives
Direct election of senators; referendums and initiatives Elected officials as delegates carry out wishes of the voters
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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
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