Transcript CH 2: The Constitution

Ms. Bittman’s AP Government and Politics
The American Revolution

Conservative mvmt.
 Restored rights that colonists felt they lost.

Influences behind the AR
 Theoretically based
○ US is an experiment
○ Enlightenment ideals. Life, liberty, pursuit of
property
○ Natural rights
 Unalienable
 Based on nature.
Thomas Hobbes

State of nature
 Life is brutish, nasty,
and short.
 War of all against all.

Social Contract
 Need for government
to “contain the natural
self interest of
people“
“There are two passions
which have a
powerful influence on
the affairs of men: the
love of power and the
love of money.”
Hamilton
John Locke

State of nature
 Gov protects people.

Natural rights are in ppl,
not given by gov.
 Life. Liberty, and property.

Letters Concerning
Tolerance: 3 Reasons for
religious tolerance
1.
2.
3.
The State and human
beings cannot evaluate the
truth-claims of competing
religions
Even if they could know
the truth, belief could not
be compelled by violence
Coercing religions -> more
social disorder than
diversity
Jean-Jaques Rousseau

Humans are not evil just
because they do not know
morals
 Society/ civilization is
artificial, therefore it creates
inequality, envy, unnatural
desires.
○ Society changes positive self-
love to pride.
 But… social contract allows
men to move from feeling to
reason

The Spirit of the Laws:
Categorized Gov.
 2 types of gov. power.
○ (1) Sovereign
○ (2) Administrative
 Created
○ Separation of Powers System
○ Checks and Balances System
Charles de Secondat, baron de
Montesquieu
1. Why the Articles sucked
Four years to put into effect (1777-1781)
1 vote/state
9/13 to ratify laws
Delegates selected by state legislatures
All 13 to amend
No courts
Congress had few powers other than army
and navy
 No taxes, regulation of commerce, cant
compel citizens to do anything.

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2. States they were a’changin

Increase in democracy
 Bill of rights in state constit., abolished
religious qualifications for office, less
requirements for voting.

New middle-class of farmers
 Overshadowed the rich.

Legislators became more powerful than
governors.
 Governors were chosen by legis., brief
tenures, limited veto.
3. It’s the economy stupid.
Post war depression
 State legislators sympathetic to debtors.
 States printed their own money

4. Politics

Factions
 Lots and lots of factions

Good government is balanced
government.
Pennsylvania Governmental
System
Too much power in too few hands.
 Unicameral
 1 year terms, 4 term maximum
 Disenfranchised Quakers

 Conscientious objectors persecuted

Ignored trial by juries.
Poor Massachusetts
Separation of power.
 Voters had to own property
 Officeholders=Christians
 Shay’s Rebellion:

 Small band of farmers rebelled after debtors
took their land.
 Series of attacks on courthouses to prevent
foreclosure.
 Economic elite  ppl were taking law into
their own hands.
The First Attempt

That aborted Annapolis Meeting
 Tried to change the A of C.
○ 5 states. 12 ppl.
○ Called for another meeting May 1787.
Scene at the Signing of the Constitution of the United States, by Howard Chandler
Christy.
Who?

55 men from 12 of the 13 states
 Mostly wealthy planters and merchants
 Most college grads with some political
experience.
 Many were from cities, not rural areas.
 Average age of 30
Plan #1: Virginia (is for Lovers)

Strong central government. Madison.
 3 branches
 Bicameral legislature
1. Elected by the ppl
2. Appointed by the 1st.
 Executive and Judiciary chosen by
legislature.
○
Council of Revision (exec and judges) can
veto which could not be overridden.
New Jersey Plan

Amended, not cancelled, the Articles
 One vote/state
 Lower house elected by state legislatures
 Each state gets the same number of seats.
Great Compromise

AKA Connecticut Compromise
 Bicameral Legislature
○ House of Representatives, 65 elected by
people. Based on population of the state.
○ Senate: 2/state, chosen by state legislatures
 More power goes to people who live in
smaller states.
Three Issues and their Solutions
Equality of the state:
Should state be
represented equally
(NJ) or
proportionally (VA)?
Both. House=
population. Senate=
2/State
Slavery
What should be done
about slavery?
How should slaves be
counted in state
populations?
Political Equality
Should the right to vote
be universal
suffrage, or should it
be restricted?
Although it stops
imports after 1808,
Constitution is silent
3/5ths a person.
Let the states decide.
Judicial Review

Supreme Court can declare laws
unconstitutional
 Executive orders too.
Amendment Process
Informal Methods of Amending
Constitution
Judicial review
 Political practice

 Introduction of parties, electoral college

Technology
 Mass media
 Bureaucracy (e.g. social security)
 Atomic weapons and terrorism increased
presidential power.
Federalism

Political authority divided b/t national,
state, local governments.
 Some are shared (public safety)
 Some are reserved (national defense and
education).
Federalist vs. Anti-Federalists

Anti-Federalists (state’s righters)

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
Only small republics work
Loose confederation of state
Increased the size of the H of R.
Decrease Congress’ power to tax
No BILL OF RIGHTS!
Federalist
 Limiting majority control: Only house is elected
by the people. Life for judges, electoral college.
6 year term for Senators
 Separating powers, shared not absolute

Federalist Papers, published 1787-1788.
 85 Articles
○ Published in all colonies, started in NY. Signed
Publis
Alexander Hamilton
Madison
James

Alexander Hamilton (51 articles: nos. 1, 6–9,
11–13, 15–17, 21–36, 59–61, and 65–85)
○

Fed. No. 84: No need for Bill of Rights, b/c
provisions protecting liberty = bill of rights.
James Madison (29 articles: nos. 10, 14, 37–
58 and 62–63)
○
○
Fed. No. 10: Preventing rule by majority faction.
Fed. No. 51: Checks and Balances.
 “government is the greatest of all reflections on human
nature”.

John Jay (5 articles: 2–5 and 64).
○
Got sick
Why no Bill of Rights?
Liberty wasn’t a priority
 Most states had a B of R.
 Guarantees already in constitution.

 See following….
1. Habeas Corpus

Accused must be brought in front of a
judge and sufficient cause must be show
for him/her to be held.
 Suspended under Lincoln during CW.
2. No Bill of Attainder

Person cannot be declared guilty without
trial.
 Cannot be “tainted”
3. No Ex Post Facto Laws!

After the fact,
 Makes a legal act illegal,
 Heightens penalty
 Changes rules of evidence.
4. Trial by Jury

Judged by your peers.
5. Equal Privileges

Same rights to all citizens of all states.
6. No religious tests for federal
offices
7. Laws can’t interfere with
contracts
Need for a Bill of Rights

Federal government must be restricted
Charles Beard
An Economic Interpretation of the
Constitution
 Wealthy urban and commercial class ppl
wanted the new Constitution because they
held IOUs that were not being paid.

Beard Challenged

Challenges
 Individual interest did not influence them
except for slavery
 Economic interests of the states, however
did.
○ Particularity at the conventions
 For: Merchants lived in cities, owned large amounts
of W. land, held gov IOUs, or did not own slaves.
 Against: Farmers, those who did not own public debt,
or slave owners
The Madisonian Model

The Constitutional Republic
 People-> representatives-> govern/laws
 Favors the status quo- changes are slow.

The End of the Beginning
 Document approved at the convention,
now… ratification.