Lecture 2:Confederation or Union?

The Constitutional ConventionColonists’ ideas about government:

Independence“benign neglect”Religious freedom

Equality Democracy Union The Bill of Rights Opposition to monarchy

The Constitutional ConventionGrowth of the nation:

1607 (Jamestown): 210 1630 (Plymouth): 2,500 1650: 28,000 1690: 214,000 1750: 1.2 mil 1780: 2.8 mil

The Constitutional ConventionWho were these men?

Well educated, well read – The Age of Reason

Madison, “Father of the Constitution”

Washington Witherspoon’s influence They were men

The Constitutional ConventionCompromises reached:

Bicameral legislature Division of powers: 3 branches of govt. Electing the President Senators 3/5 Compromise

The Constitutional ConventionHamilton’s proposal

President for life “The people begin to be

tired of an excess of democracy…”

The Constitution

“We the People of the United States, in Order to form a more perfect Union, establish justice, insure domestic Tranquility, provide for the common defence, promote the general welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish the Constitution of the United States of America.”

The Great DebateThe Federalist PapersFoundations of the argument:

Classical Republicanism (the Roman model)Aristocratic

Montesquieu, The Spirit of the Laws (1748)DemocraticSmall, manageable statesHomogeneous

The Great DebateAnti-Federalists:

Govt. secure rights and liberties Government = necessary evil Constitution threatens rights

The Great Debate: National defenseThe Federalists:

U.S. must observe international law Foreign powers less likely to attack Government unlimited power to tax Current govt. is inadequate ALL confederacies end in death

Anti-Federalist response: Isolated position State militias Fear of peacetime standing army Federalists are power-hungry

The Great Debate: National defenseThe Federalist rebuttal:

Anti-Feds. underestimate importance Local militias inadequate Anti-Feds. plan will lead to destruction

Anti-Federalist response: Too much emphasis on national security at

the expense of individual liberty

The Great Debate: Checks & BalancesThe Anti-Federalist argument:

The states must have enough power to check the national government

The Federalist response (Fed. 9 & 10): Attack classical republican model

Not small, local democraciesMassive national republic

Factions The “tyranny of the majority”

The Great Debate: Representation

The Anti-Federalist argument: As much direct participation as possible

The Federalist response: Government by a capable, virtuous few

Anti-Feds: Distrustful and suspicious of elected officials

Feds: Distrustful and suspicious of the masses

The Great Debate: Legislative BranchThe Anti-Federalist argument:

The House of Reps., elected by the people, should be sufficient

Elected annually More representatives, fewer constituents

The Federalist response: House needs counter-balance (Senate) Biannual elections sufficient More reps = mob It is the House that needs to be checked

The Great Debate: Separation of PowersThe Anti-Federalist argument:

Too much overlapThe Federalist response:

Overlap is necessary for the branches to control (check) each other

Madison on the Senate: Limited in number Distinguished and experienced

The Anti-Federalist response: Senate = too aristocratic

The Great Debate: Separation of PowersThe Anti-Federalists on the presidency:

Too much like a monarch Propose a small executive council

The Federalist response: Need to have power in one person

The Anti-Federalists on the judiciary: Weakens other courts Undemocratic

The Federalist response: Not too powerful Must be uniquely qualified

The Bill of RightsVictory for the Anti-Federalists?What did the Anti-Federalists want?

Distrust of governmentFederalists: why no Bill of Rights?

Not necessary Risky

The Anti-Federalist response: Anchor for the citizenry Foundation for judicial consideration Include a cautionary statement

Were the Anti-Federalists right?