Chapter 2 Constitutional Underpinnings
Dec 28, 2015
The Agenda in Philadelphia
• Revise the Articles of Confederation • Gentlemen in Philadelphia
– 55 men from 12 of the 13 states – Mostly wealthy planters & merchants – Most were college graduates with some political experience – Many were coastal residents from the larger cities, not the rural
areas • Issues
– Equality- (voting left to the states) – Economic – Individual Rights
Economic Issues
• States had tariffs on products from other states
• Paper money was basically worthless • Congress couldn’t raise money • Actions taken: – Powers of Congress to be strengthened – Powers of states to be limited
Individual Rights Issues • Some were written into the Constitution: – Prohibits suspension of writ of habeas corpus – No bills of attainder – No ex post facto laws – Religious qualifications for holding office prohibited – Strict rules of evidence for conviction of treason – Right to trial by jury in criminal cases
• Some were not specified – Freedom of speech and expression – Rights of the accused
The Madisonian Model
• James Madison- Father of the Constitution • To prevent a tyranny of the majority, Madison
proposed a government of: – Limiting Majority Control – Separating Powers – Creating Checks and Balances – Establishing a Federal System
The Madisonian Model
• The Constitutional Republic – Republic: A form of government in which the
people select representatives to govern them and make laws
• Ratification of the Constitution – The document was approved, but not
unanimously. Now it had to be ratified. – Federalists vs. Anti-Federalists
Federalist Papers
• Essays written advocating for ratification of the Constitution
• The authors used the pseudonym "Publius” • Hamilton, Madison, and Jay
Federalist Papers cont.
• Federalist #10 – addresses the question of how to guard against "factions," or
groups of citizens, with interests contrary to the rights of others or the interests of the whole community
• Federalist #39 – redefines the term "republic“
• Federalist #51 – addresses means by which appropriate checks and balances can
be created in government and also advocates a separation of powers within the national government