The Articles of Confederation CONSTITUTION 02/chp 09.ppt..pdf1 The Articles of Confederation To the CONSTITUTION States and Constitutions Colonies become States, Draft new Constitutions,

1

The Articles of The Articles of

ConfederationConfederationTo the To the

CONSTITUTIONCONSTITUTION

States and ConstitutionsStates and Constitutions

�� Colonies become States, Draft new Colonies become States, Draft new

Constitutions, By 1777 ten had constitutions.Constitutions, By 1777 ten had constitutions.

�� Battle between those who want well Defined Battle between those who want well Defined

Rules and Order (conservatives) and those who Rules and Order (conservatives) and those who

want to protect individual rights (liberals).want to protect individual rights (liberals).

�� State Constitutions were approved by a vote of State Constitutions were approved by a vote of

the people or State legislatures.the people or State legislatures.

State Constitutions Cont..State Constitutions Cont..

�� Each State Constitution had a list/bill of rightsEach State Constitution had a list/bill of rights

�� State governments had three branchesState governments had three branches

�� LegislativeLegislative-- created laws, most were Bicameralcreated laws, most were Bicameral

�� ExecutiveExecutive-- and elected governorand elected governor

�� JudicialJudicial-- power over court systemspower over court systems

�� Property requirements for office holding was the Property requirements for office holding was the

normnorm

Articles of ConfederationArticles of Confederation

�� Weak Central government, limited power.Weak Central government, limited power.

�� Unicameral Legislature, used CommitteesUnicameral Legislature, used Committees

�� No ExecutiveNo Executive

�� No JudicialNo Judicial

�� Each state had one voteEach state had one vote

�� 9/13 states were needed to pass laws9/13 states were needed to pass laws

�� Amendments had to be UnanimousAmendments had to be Unanimous

Accomplishments Accomplishments

�� Was the constitution during the winning of the Was the constitution during the winning of the

Revolutionary WarRevolutionary War

�� The country was not ready for a strong central The country was not ready for a strong central

government, and therefore needed a government, and therefore needed a

GLORIOUS FAILURE.GLORIOUS FAILURE.

�� But it did have successes:But it did have successes:

�� Passed the Land Ordinance of 1785Passed the Land Ordinance of 1785

�� Passed the Northwest Ordinance of 1787Passed the Northwest Ordinance of 1787

Westward settlementWestward settlement

2

Managing the Frontier in the Early Managing the Frontier in the Early

RepublicRepublic

Land Ordinance of 1785Northwest Ordinance of 1787Indian Intercourse Act of 1790

Battle of Fallen TimberBattle of Tippecanoe

The Frontier During the RevolutionThe Frontier During the Revolution

� Patriots and Loyalists

� Tribal alliances

� Warfare in the

Backcountry

� The Impact of the Peace of Paris (1783)

The Complexity of Western Land ClaimsThe Complexity of Western Land Claims

� The question of western lands

� Americans and the “right of

conquest”

� Ceding the western land

Formation of the Northwest TerritoryFormation of the Northwest Territory

� The Land Ordinance of 1785

� Surveying the land

� Selling the land

� Speculators and Squatters

The Northwest Ordinance of 1787The Northwest Ordinance of 1787

� Thomas’ Jefferson’s plan of government

� The Northwest Ordinance

� Government and statehood

� slavery

� Indian land rights

� The Indian Intercourse Act of 1790

� The status of Indian nations

� “to promote civilization”

Northwest OrdinanceNorthwest Ordinance

�� Approved by Congress July 13, 1787Approved by Congress July 13, 1787

�� Area north of the Ohio River and East of the Area north of the Ohio River and East of the

Mississippi River.Mississippi River.

�� Interim federal control while local governments Interim federal control while local governments

were being developedwere being developed

�� Governor, Secretary and Three Judges, Governor, Secretary and Three Judges,

appointed by Congressappointed by Congress

3

Northwest OrdinanceNorthwest Ordinance

�� Whenever a district reached a population of Whenever a district reached a population of

5000 free males, it could elect a bicameral 5000 free males, it could elect a bicameral

legislature and send a nonlegislature and send a non--voting member to voting member to

Congress.Congress.

�� When the population reached 60,000 free When the population reached 60,000 free

inhabitants the district would be eligible for inhabitants the district would be eligible for

statehood.statehood.

Guarantees of the Guarantees of the

Northwest OrdinanceNorthwest Ordinance

�� Freedom of religionFreedom of religion

�� Trial by juryTrial by jury

�� Each would enter the union "on an equal Each would enter the union "on an equal

footing with the original states." footing with the original states."

�� that revenue generated from the sale of a that revenue generated from the sale of a

portion of each township in the state would go portion of each township in the state would go

to fund public educationto fund public education——the first instance of the first instance of

federal aid for education in American history. federal aid for education in American history.

Northwest Ordinance cont..Northwest Ordinance cont..

�� "neither slavery nor involuntary servitude" were "neither slavery nor involuntary servitude" were

to be allowed. to be allowed.

�� that a good faith effort would be made to that a good faith effort would be made to

respect the Indians in the territory.respect the Indians in the territory.

ProblemsProblems

�� War debts were unpaid, problem with War debts were unpaid, problem with

establishing good credit with other nationsestablishing good credit with other nations

�� No power to taxNo power to tax

�� Could not force Great Britain to leave the Could not force Great Britain to leave the

western lands.western lands.

�� Shays Rebellion, dependence on state militiasShays Rebellion, dependence on state militias

Social unrest: ShaysSocial unrest: Shays’’ RebellionRebellion

�� Shays'sShays's Rebellion, winter, Rebellion, winter,

1786 1786

�� Daniel Shays led a mob of Daniel Shays led a mob of

farmers in Massachusetts to farmers in Massachusetts to

prevent bank foreclosures on prevent bank foreclosures on

farms.farms.

�� This showed vulnerability of This showed vulnerability of

state government and lack of state government and lack of

ability to maintain order.ability to maintain order.

�� The rebellion prompted The rebellion prompted

Congress to call for Congress to call for

representatives to be sent to representatives to be sent to

Philadelphia to discuss Philadelphia to discuss

constitutional revisions.constitutional revisions.

Limitations/ProblemsLimitations/Problems

No Chief ExecutiveNo Chief Executive

Nine of the thirteen states Nine of the thirteen states

needed to approve lawsneeded to approve laws

13 out of 13 states needed 13 out of 13 states needed

to approve Amendmentsto approve Amendments

�� No coordination of No coordination of

committees, no uniform committees, no uniform

domestic policydomestic policy

�� Rarely were all the Rarely were all the

delegates present, states delegates present, states

voted in blocks, 5 Small voted in blocks, 5 Small

versus 8 large.versus 8 large.

�� Never could get the 13 Never could get the 13

states to agreestates to agree

4

ContinuedContinued

No power to regulateNo power to regulate

interstate commerceinterstate commerce

No power to enforceNo power to enforce

treatiestreaties

�� Led to disputes between Led to disputes between

states, could not regulate states, could not regulate

to protect American to protect American

business, tariffsbusiness, tariffs

�� Could not force the Could not force the

British to leave American British to leave American

territoryterritory

ContinuedContinued

No power to enforce laws, No power to enforce laws,

LIMITED national court LIMITED national court

system state courts system state courts

interpreted national lawsinterpreted national laws

�� Could only ask and Could only ask and

request could not force request could not force

states to follow the lawsstates to follow the laws

Timeline Timeline —— Prequel to the Prequel to the

ConstitutionConstitution�� Dec. 1773 Dec. 1773 —— Boston Tea PartyBoston Tea Party

�� Apr. 1775 Apr. 1775 —— first battles of Revolutionary War, at first battles of Revolutionary War, at Lexington and Concord, MALexington and Concord, MA

�� July 4, 1776 July 4, 1776 —— Declaration of Independence adopted Declaration of Independence adopted by Congress by Congress

�� Nov. 15, 1777 Nov. 15, 1777 —— Articles of Confederation adopted Articles of Confederation adopted by Congressby Congress

�� Mar. 1, 1781 Mar. 1, 1781 —— Articles of Confederation ratified by Articles of Confederation ratified by statesstates

(cont(cont’’d)d)

Timeline (contTimeline (cont’’d)d)

�� 1783 1783 —— Revolutionary War ends with peace treatyRevolutionary War ends with peace treaty

�� The Aborted Annapolis MeetingThe Aborted Annapolis Meeting�� An attempt to discuss changes to the Articles of Confederation.An attempt to discuss changes to the Articles of Confederation.

�� Attended by only 12 delegates from 5 states.Attended by only 12 delegates from 5 states.

�� ShayShay’’SS REBELLIONREBELLION�� TRADE DIFFICULTIESTRADE DIFFICULTIES

�� Sept. 1786 Sept. 1786 —— Hamilton proposes another convention, this time Hamilton proposes another convention, this time in Philadelphia to revise the Articles of Confederationin Philadelphia to revise the Articles of Confederation

�� May 1787 May 1787 —— Philadelphia Convention commences workPhiladelphia Convention commences work

�� Sept. 17, 1787 Sept. 17, 1787 —— Convention concludes its work with a Convention concludes its work with a proposed Constitutionproposed Constitution

(cont(cont’’d)d)

ConstitutionConstitution

�� DefinitionDefinition

�� ““The fundamental and organic law of a nation or state, The fundamental and organic law of a nation or state,

establishing the conception, character, and organization of its establishing the conception, character, and organization of its

government, as well as prescribing the extent of its sovereign government, as well as prescribing the extent of its sovereign

power and the manner of its exercise.power and the manner of its exercise.””

—— BlackBlack’’s Law Dictionarys Law Dictionary

�� Sets the broad rules of the game.Sets the broad rules of the game.

�� The rules are not neutralThe rules are not neutral-- some participants and policy some participants and policy

options have advantages others donoptions have advantages others don’’t.t.

Constitutional Convention (1787)Constitutional Convention (1787)

�� Hamilton asks for another convention to Hamilton asks for another convention to ““reviserevise”” the Articles. the Articles. This time at Philly. The CONSTITUTIONAL CONVENTIONThis time at Philly. The CONSTITUTIONAL CONVENTION

�� Stated PurposeStated Purpose: :

��revise the Articlesrevise the Articles

��12 of 13 states sent delegates12 of 13 states sent delegates

�� Not a cross section of the country, but Not a cross section of the country, but the elite. Real purpose:the elite. Real purpose:�� Secret meetingSecret meeting

�� Write a new constitutionWrite a new constitution

�� Purpose of government is Limited governmentPurpose of government is Limited government

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A Convention of A Convention of DemiDemi--Gods?Gods?

�� FranklinFranklin

�� MadisonMadison

�� HamiltonHamilton

�� WashingtonWashington

�� William PattersonWilliam Patterson

�� Edmund Edmund RandolfRandolf

Issue of RepresentationIssue of Representation

�� Virginia PlanVirginia Plan––Edmund Randolph Edmund Randolph

�� Framework for a new constitutionFramework for a new constitution

�� Representation was to be based on the population of Representation was to be based on the population of

each state or the proportion of each state's revenue each state or the proportion of each state's revenue

contributioncontribution

�� New Jersey PlanNew Jersey Plan––William PattersonWilliam Patterson

�� Each state should be equally represented regardless Each state should be equally represented regardless

of populationof population

Connecticut Compromise Connecticut Compromise

(Great Compromise)(Great Compromise)

�� Created a bicameral legislatureCreated a bicameral legislature

�� The first chamber of Congress would be The first chamber of Congress would be

apportioned according to number of inhabitants apportioned according to number of inhabitants

in each state (House).in each state (House).

�� In the second chamber, each state would have In the second chamber, each state would have

equal representation (Senate).equal representation (Senate).

ThreeThree--fifths Compromise fifths Compromise

�� Fundamental difference lies between slave and nonFundamental difference lies between slave and non--slave slave statesstates

�� Over 90 percent of the slaves lived in five states (Georgia, Over 90 percent of the slaves lived in five states (Georgia, Maryland, North Carolina, South Carolina, and Virginia)Maryland, North Carolina, South Carolina, and Virginia)

�� Compromise result: five slaves would be counted as three Compromise result: five slaves would be counted as three persons. persons. �� Supported by slave states to increase representationSupported by slave states to increase representation

�� Supported by Supported by nonslavenonslave states that advocated principle of property states that advocated principle of property representationrepresentation

�� Left slavery question unresolved until Civil WarLeft slavery question unresolved until Civil War

Other CompromisesOther Compromises

�� Electoral CollegeElectoral College

�� House of Reps elected by the people, but the House of Reps elected by the people, but the

Senate appointed by State Legislators (the elite) Senate appointed by State Legislators (the elite)

�� interstate interstate vsvs intrastate tradeintrastate trade

�� slave slave TRADETRADE cancan’’t be outlawed until 1808t be outlawed until 1808

�� etcetc

Key principles of the ConstitutionKey principles of the Constitution

�� Separation of powers Separation of powers -- assignment of law assignment of law

making, law interpreting and law executing making, law interpreting and law executing

functions to different branches of governmentfunctions to different branches of government

�� Checks and balances Checks and balances -- the power of scrutiny and the power of scrutiny and

control of each branch over the other two branches control of each branch over the other two branches

of governmentof government

�� Republicanism Republicanism -- not classical democracy, but based not classical democracy, but based

on representation, calibrated popular inputon representation, calibrated popular input

�� Federalism Federalism -- two levels of government, with central two levels of government, with central

government supremegovernment supreme

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Separation of Powers Separation of Powers

�� "Ambition should be matched with ambition" "Ambition should be matched with ambition"

(Madison)(Madison)

�� Prevents power accumulation in one branchPrevents power accumulation in one branch

Checks and Balances Checks and Balances

�� States versus national governmentStates versus national government

�� House versus SenateHouse versus Senate

�� Executive versus legislatureExecutive versus legislature

�� Courts versus executive and legislatureCourts versus executive and legislature

�� Senate versus executive on treaties and Senate versus executive on treaties and appointmentsappointments

�� People through elections versus legislaturesPeople through elections versus legislatures

Preamble of the ConstitutionPreamble of the Constitution

““We the people of the United States, in order to . We the people of the United States, in order to .

. . establish justice, insure domestic tranquility, . . establish justice, insure domestic tranquility,

provide for the common defense, promote the provide for the common defense, promote the

general welfare, and secure the blessings of general welfare, and secure the blessings of

liberty . . . do ordain and establish this liberty . . . do ordain and establish this

Constitution for the United States of America.Constitution for the United States of America.””

““We the people . . .We the people . . .””

“In adopting [the Constitution], the Framers envisioned a uniform national system, rejecting the notion that the Nation was a collection of States, and instead creating a direct link between the National Government and

the people of the United States. . . .

(cont’d)

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““We the people . . .We the people . . .”” (cont(cont’’d)d)

““. . . [The] Congress of the United States, therefore, . . . [The] Congress of the United States, therefore,

is is not a confederation of nationsnot a confederation of nations in which in which

separate sovereigns are represented by appointed separate sovereigns are represented by appointed

delegates, but is instead delegates, but is instead a body composed of a body composed of

representatives of the peoplerepresentatives of the people..””

—— U.S. Term Limits v. Thornton, 514 U.S. 779 (1995)U.S. Term Limits v. Thornton, 514 U.S. 779 (1995)

FederalismFederalism

Federal government

State governments

The US ConstitutionThe US Constitution

�� The Basic StructureThe Basic Structure�� PreamblePreamble

�� Article I:Article I: The Legislative BranchThe Legislative Branch

�� Article II:Article II: The Executive BranchThe Executive Branch

�� Article III:Article III: The Judicial BranchThe Judicial Branch

�� Article IV:Article IV: National Unity and PowerNational Unity and Power

�� Article V:Article V: Amendment ProcedureAmendment Procedure

�� Article VI:Article VI: National SupremacyNational Supremacy

�� Article VII:Article VII: Ratification RequirementsRatification Requirements

�� Two things you donTwo things you don’’t want to see being made:t want to see being made:

�� SausageSausage

�� LawsLaws

Article I Article I –– Legislative branchLegislative branch

Article I Article I –– Legislative branchLegislative branch

�� Structure of the legislative branchStructure of the legislative branch

�� Apportionment of Senators and Representatives Apportionment of Senators and Representatives among the states among the states

�� Qualifications for holding officeQualifications for holding office

�� Roles of House and Senate in impeachmentsRoles of House and Senate in impeachments

�� Basic functioning of the two housesBasic functioning of the two houses

�� Role of Congress and president in making law: Role of Congress and president in making law: PresidentPresident’’s power to veto, Congresss power to veto, Congress’’s power to s power to overrideoverride

Article I Article I —— Powers of CongressPowers of Congress

�� Enumeration of CongressEnumeration of Congress’’s powers s powers

(Art. I, sec. 8)(Art. I, sec. 8)�� 17 specific enumerated powers17 specific enumerated powers

�� 1 catch1 catch--all: all: ““necessary and propernecessary and proper”” aka. Elastic aka. Elastic

ClauseClause

8

Article I Article I —— Limitations on Limitations on federal federal legislative powerlegislative power

�� Specific limitations on the federal legislative Specific limitations on the federal legislative

power (Art. I, sec. 9):power (Art. I, sec. 9):

�� No prohibiting importation of slaves before 1808No prohibiting importation of slaves before 1808

�� No suspension of habeas corpusNo suspension of habeas corpus

�� No bills of attainder or ex post facto lawsNo bills of attainder or ex post facto laws

�� No granting titles of nobilityNo granting titles of nobility

Article I Article I —— Limitations on Limitations on statestatelegislative powerlegislative power

�� Limitations on Limitations on statestate legislative power (Art. I, legislative power (Art. I, sec. 10)sec. 10)States may not:States may not:

�� Enter into treatiesEnter into treaties

�� Issue their own moneyIssue their own money

�� Pass bills of attainder or ex post facto laws, or Pass bills of attainder or ex post facto laws, or impair contractsimpair contracts

�� Except with consent of Congress, impose Except with consent of Congress, impose duties on imports or exports, keep troops, or duties on imports or exports, keep troops, or enter into an agreement with another stateenter into an agreement with another state

Article II Article II –– Executive branchExecutive branch

�� Election of President and Vice President, Election of President and Vice President, qualifications for office (Art. II, sec. 1)qualifications for office (Art. II, sec. 1)�� Revised by 12Revised by 12thth AmendmentAmendment

�� SuccessorshipSuccessorship, in case of President, in case of President’’s death or s death or disabilitydisability�� Revised by 25Revised by 25thth AmendmentAmendment

(cont(cont’’d)d)

Article II (contArticle II (cont’’d)d)

�� Powers of the President (Art. II, sec. 2)Powers of the President (Art. II, sec. 2)

�� Commander in chiefCommander in chief

�� Entering treaties and making appointments, with Entering treaties and making appointments, with advice and consent of the Senateadvice and consent of the Senate

�� ““take Care that the Laws be faithfully executedtake Care that the Laws be faithfully executed””(Art. II, sec. 3)(Art. II, sec. 3)

�� Grounds for impeachment of President, VP, Grounds for impeachment of President, VP, and other officials (Art. II, sec. 4)and other officials (Art. II, sec. 4)

Article III Article III –– Judicial branchJudicial branch

�� Structure of the judicial branchStructure of the judicial branch

�� Creates the Supreme Court, and authorizes Creates the Supreme Court, and authorizes Congress to create lower courts (Art. III, sec. 1)Congress to create lower courts (Art. III, sec. 1)

�� Establishes rules regarding judges: life tenure, no Establishes rules regarding judges: life tenure, no reducing salaryreducing salary

�� Describes the types of cases that courts can hear Describes the types of cases that courts can hear and decide (Art. III, sec. 2)and decide (Art. III, sec. 2)

�� Assigns the Supreme Court original and Assigns the Supreme Court original and appellate jurisdiction (Art. III, sec. 2) appellate jurisdiction (Art. III, sec. 2) BUT NOT BUT NOT Judicial ReviewJudicial Review

�� Defines the grounds for treason (Art. III, sec. 3)Defines the grounds for treason (Art. III, sec. 3)

Article IV Article IV –– Relations among the Relations among the

statesstates

Relations among the states:Relations among the states:

�� States must give States must give ““full faith and creditfull faith and credit”” to judicial to judicial decisions and other official actions of other states decisions and other official actions of other states (Art. IV, sec. 1)(Art. IV, sec. 1)

�� States must extradite accused persons to other States must extradite accused persons to other states (Art. IV, sec. 2)states (Art. IV, sec. 2)

�� Each state is guaranteed Each state is guaranteed ““a republican form of a republican form of governmentgovernment”” (Art. IV, sec. 4)(Art. IV, sec. 4)

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Article V Article V —— Amendment of the Amendment of the

ConstitutionConstitution

�� Amending the ConstitutionAmending the Constitution

�� Amendments proposed by Congress or state Amendments proposed by Congress or state

conventionsconventions

�� Ratification by Ratification by ¾¾ of statesof states

Article VI Article VI —— SupremacySupremacy

��Supremacy:Supremacy:

�� Constitution and federal law overConstitution and federal law over--rule state rule state

lawlaw

So now it written, butSo now it written, but……�� Need to get 9 of 13 to ratify????Need to get 9 of 13 to ratify????

�� What happened to 13 of 13 to change the A of C?What happened to 13 of 13 to change the A of C?

�� Federalists:Federalists:�� HamiltonHamilton

�� Madison?????Madison?????

�� JayJay

�� Gouverneur Morris Gouverneur Morris (Madison took much of (Madison took much of the Preamble from his the Preamble from his Massachusetts state Massachusetts state ConstitutionConstitution

�� John Dickinson (wrote John Dickinson (wrote the Articles of the Articles of ConfederationConfederation

�� AntiAnti--Federalists:Federalists:�� Patrick HenryPatrick Henry

�� James MonroeJames Monroe

�� MelanctonMelancton SmithSmith

�� George Mason George Mason

�� Elbridge GerryElbridge Gerry

�� George ClintonGeorge Clinton

�� Samuel AdamsSamuel Adams

�� Richard Henry Lee Richard Henry Lee (introduced the idea of (introduced the idea of the Dec. of the Dec. of Independence)Independence)

Ratifying the ConstitutionRatifying the Constitution

�� FederalistsFederalists

�� Large landowners, wealthy Large landowners, wealthy

merchants, professionalsmerchants, professionals

�� Strong national governmentStrong national government

�� Feared excessive democracyFeared excessive democracy

�� Elites best fit to governElites best fit to govern

�� AntiAnti--FederalistsFederalists

�� Small farmers, shopkeepers, Small farmers, shopkeepers,

laborerslaborers

�� Strong state governmentStrong state government

�� Feared concentration of power Feared concentration of power

in few handsin few hands

�� Protection for individual Protection for individual

libertiesliberties

Ratifying the ConstitutionRatifying the Constitution

�� What of the protection of peopleWhat of the protection of people’’s liberties?s liberties?

�� Neglected to include provisions in draft of the ConstitutionNeglected to include provisions in draft of the Constitution

�� State constitutions generally included such provisions.State constitutions generally included such provisions.

�� Protection of liberties the duty of the states?Protection of liberties the duty of the states?

�� Roadblock to ratificationRoadblock to ratification

�� Bill of Rights was promisedBill of Rights was promised

Federalist No. 10: factionsFederalist No. 10: factions

““factionfaction”” ==

““a number of citizens, whether amounting to a a number of citizens, whether amounting to a

majority or minoritymajority or minority of the whole, who are united and of the whole, who are united and

actuated by some common impulse of passion, or of actuated by some common impulse of passion, or of

interest, adverse to the rights of other citizens, or to the interest, adverse to the rights of other citizens, or to the

permanent and aggregate interests of the communitypermanent and aggregate interests of the community””

[15][15]

We canWe can’’t count on wise governorst count on wise governors

““It is vain to say that enlightened statesmen will It is vain to say that enlightened statesmen will

be able to adjust these clashing interests, and be able to adjust these clashing interests, and

render them all subservient to the public good. render them all subservient to the public good.

Enlightened statesmen will not always be at the Enlightened statesmen will not always be at the

helm.helm.”” [16][16]

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MadisonMadison’’s cure for factionss cure for factions

�� A republican form of government, A republican form of government,

instead of pure democracyinstead of pure democracy

�� A large, populous nation, instead of a A large, populous nation, instead of a

small onesmall one

Solution:Solution:

�� Majority factions, which promote their Majority factions, which promote their

own interests at the expense of the own interests at the expense of the

public good and the rights of other public good and the rights of other

citizenscitizens

Problem:Problem:

DemocracyDemocracy

““Pure democracyPure democracy””==

““a society consisting of a small number of a society consisting of a small number of

citizens, who assemble and administer the citizens, who assemble and administer the

government in persongovernment in person”” [16][16]

MadisonMadison’’s view of pure democracys view of pure democracy

““[Pure democracies] have ever been spectacles [Pure democracies] have ever been spectacles

of turbulence and contention; have ever been of turbulence and contention; have ever been

found incompatible with personal security or the found incompatible with personal security or the

rights of property; and have in general been as rights of property; and have in general been as

short in their lives as they have been violent in short in their lives as they have been violent in

their deaths.their deaths.”” [16[16--17] 17]

RepublicanismRepublicanism

““RepublicRepublic”” ==

““a government in which the scheme of a government in which the scheme of

representation takes placerepresentation takes place”” [17][17]

The benefits of representationThe benefits of representation

The effect of introducing representation isThe effect of introducing representation is

““to refine and enlarge the public views, by passing them to refine and enlarge the public views, by passing them

through the medium of through the medium of a chosen body of citizens, a chosen body of citizens,

whose wisdom may best discern the true interest of whose wisdom may best discern the true interest of

their countrytheir country, and whose patriotism and love of justice , and whose patriotism and love of justice

will be least likely to sacrifice it to temporary or partial will be least likely to sacrifice it to temporary or partial

considerationsconsiderations”” [17][17]

Representation (contRepresentation (cont’’d)d)

Result of representative government:Result of representative government:

““the public voice, pronounced by the the public voice, pronounced by the

representatives of the people, will be representatives of the people, will be more more

consonant to the public good than if consonant to the public good than if

pronounced by the people themselvespronounced by the people themselves”” [17][17]

11

Majorities will be drawn to justiceMajorities will be drawn to justice

““In the extended republic of the United States, . In the extended republic of the United States, .

. . a coalition of a majority of the whole society . . a coalition of a majority of the whole society

could seldom take place on any other principles could seldom take place on any other principles

than those of justice and the general good . . . .than those of justice and the general good . . . .””

[24][24]

Federalist No. 51: checks and Federalist No. 51: checks and

balancesbalances

““[[T]heT]he great security against a gradual great security against a gradual

concentration of the several powers in the same concentration of the several powers in the same

department, consists in giving to those who department, consists in giving to those who

administer each department the necessary administer each department the necessary

constitutional means and personal motives to constitutional means and personal motives to

resist encroachments of the others.resist encroachments of the others.”” [22][22]

WeWe’’re not angelsre not angels

““If men were angels, no government would be If men were angels, no government would be

necessary. If angels were to govern men, neither necessary. If angels were to govern men, neither

external nor internal controls on government external nor internal controls on government

would be necessary.would be necessary.”” [22][22]

Plato: we need to become angelsPlato: we need to become angels

““Until philosophers are kingsUntil philosophers are kings, or the kings and , or the kings and

princes of this world have the spirit and power of princes of this world have the spirit and power of

philosophy, and political greatness and wisdom meet in philosophy, and political greatness and wisdom meet in

one . . . one . . . cities will never have rest from their evilscities will never have rest from their evils ——

nor the human race, as I believe nor the human race, as I believe —— and then only will and then only will

this our State have a possibility of life and behold the this our State have a possibility of life and behold the

light of day.light of day.””

—— Plato, Republic 473 Plato, Republic 473 c.ec.e..

Timeline (contTimeline (cont’’d)d)

�� 1787 1787 -- 88 88 —— Federalist Papers publishedFederalist Papers published

�� June 21, 1788 June 21, 1788 —— ninth state (NH) ratifies the ninth state (NH) ratifies the

Constitution, making it effectiveConstitution, making it effective

�� Sept. 1789 Sept. 1789 —— Bill of Rights proposedBill of Rights proposed

�� Dec. 1791 Dec. 1791 —— Bill of Rights ratifiedBill of Rights ratified

12

�� Bill of Rights Bill of Rights –– First 10 AmendmentsFirst 10 Amendments

�� Limits Congress (1Limits Congress (1stst Amendment)Amendment)

�� Limits Executive (2Limits Executive (2ndnd--44thth Amendment)Amendment)

�� Limits Judiciary (5Limits Judiciary (5thth--88thth Amendment)Amendment)

�� Limits National Government (9Limits National Government (9thth--1010th th Amendment) Amendment)

MEMORIZE THE 1MEMORIZE THE 1STST 10 FOR THE TEST10 FOR THE TEST

Hierarchy of sources of lawHierarchy of sources of law

The people(i.e., ¾ of the states)

U.S.

Constitution

State constitutions

State statutes and common law

Federal statutesand common law

Assessing the Constitution:Assessing the Constitution:

AchievementsAchievements�� Created unified nation capable of defending Created unified nation capable of defending

itselfitself

�� Facilitated the countryFacilitated the country’’s economic developments economic development

�� Outlawing separate state currenciesOutlawing separate state currencies

�� Outlawed state tariffsOutlawed state tariffs

�� Created a presidency that was first filled by Created a presidency that was first filled by WashingtonWashington

Assessing the Constitution:Assessing the Constitution:

The Constitution TodayThe Constitution Today�� Constitution continues to give many groups/interests Constitution continues to give many groups/interests

opportunities to voice their concernsopportunities to voice their concerns

�� Constitutional ambiguityConstitutional ambiguity

�� AdaptabilityAdaptability

�� Successful governing arrangementsSuccessful governing arrangements

�� Stain of slaveryStain of slavery

�� Could not resolve an intractable problemCould not resolve an intractable problem

�� Strong solution would mean no ratificationStrong solution would mean no ratification