Sources of Constitution

 British Customs and Traditions (Magna Carta; 1215)  European Philosophers  States and their colonial experience

Enlightenment Philosophers

 Thomas Hobbes (1588-1679)  Social-Contract Theory- People give up some rights to in exchange for peace/order  John Locke (1632-1704)  In state of nature all people were equal and enjoyed certain natural rights (“inalienable rights”)  Baron de Montesquieu (1689-1755)  Gov’t should be organized to prevent any one person or group from dominating others (Proposed 3 branches)  Jean-Jacques Rousseau (1712-1778)  Gov’t must be based on popular will of the people. If gov’t acts counter to this, it can be eliminated

Early U.S. Gov’t: The Articles of Confederation (A Failed Experiment)----1781-1791  Congress could not pass taxes to raise revenue ($$);  U.S. in debt through loans France/Spain  Each state had 1 vote in Congress  All 13 states had to agree to amend Constitution  Congress could not regulate trade (states passed taxes that impacted other states)  No national army to deal with external threats

Constitutional Convention (May Sept. 1787) Background:

 Articles of Confederation (Corrected Weak Central Government)  Shay’s Rebellion (1786)  Necessity of strong national gov’t

Principles of the Constitution

 Question: How do we create a more effective government than we had under the AOC, but limit the power of gov’t to prevent tyranny  A: The Madisonian Model

Separation of Powers

 To Madison, tyranny was gov’t that controlled all three branches (argument for division of power)  This diffuses power instead of concentrating it  Danger of one branch combining forces with another (argument for checks and balances)  Need for strong executive

Checks and Balances

 Fear of tyranny; distrust of government; meant to build inefficiency to prevent gov’t abuse of power  18 th century view of gov’t restraint combined with modern view of gov’t use for common good  Each branch has check on other two  Ex.: veto, appointment, veto override, treaty making, judicial review, commander-in-chief, law making  Political Independence (no branch is dependent on other two)  Staggering Terms (2yr, 6 yr., life appointment)

Limited Government

Dillema: Wanting more effective gov’t, but limited gov’t to avoid tyranny Remedy: 1) Constitutional Gov’t- Only powers listed in Constitution 2) Bill of Rights: Safeguard against strong, distant federal government (10 th Amendment) 3) Free Elections (Potential of majority faction; Madison cautioned against this)

Areas of Agreement

 Establish republican gov’t  Scrap Articles of Confederation  Establish Constitutional gov’t  Strong central gov’t  Protect Property Rights (main purpose of gov’t)  Keep proceedings secret  Balanced gov’t (diminish single interest)

Areas of Disagreement

1. Representation among states

 Virginia Plan vs. New Jersey Plan  (population vs. equal representation)  Connecticut Plan (Great Compromise) A: Bicameral (2-House Legislature)

2. Representation and taxation of slaves

 3/5 Compromise A: Slaves counted as 3/5 of a person

3. Election of President

 Congress, State Legislature, or Direct Election?

A: Electoral College