Constitutional UnderpinningsAdvanced PlacementUnited States Government & Politics

Influence of the European EnlightenmentCame out of the Scientific Revolution

(16th & 17th Centuries)Success created confidence in the

power of reasonEnlightenment thinkers believed

reason could be applied to human nature in the form of natural laws

Every social, political, & economic problem could be solved through the use of reason

The Social Contract TheoryJohn Locke – English philosopherBelieved that in the “state of

nature” people are naturally free and equal

Argued that freedom led to inequality and eventually chaos

Locke argued that people have natural rights from the state of nature that include the right to “life, liberty, and property”

Second Treatise of Government◦State that people form governments to

protect natural rights◦Give up their freedom to govern

themselves through a social contract between the government and the governed

The only valid government is one based on the consent of the governed

This consent creates a social contract – an agreement between rulers and citizens

For any reason the government breaks the contract through neglect of natural rights, the people have the right to dissolve the government

Locke & the D.O.I.John Locke directly influenced the

thinking of the founders, as reflected in the Declaration of Independence

The Constitution The Constitution reflects the

founders’ attempt to balance order with liberty

It is based on 5 great principles designed to achieve balance:◦Popular Sovereignty◦Separation of Powers◦Checks & Balances◦Limited Government◦Federalism

Background to the ConventionContinental Congress wrote the

Articles of Confederation during the Revolutionary War

Wanted to provide unity for the separate states that loosely formed the new country

The Articles of ConfederationIt allowed state governments to

retain their powers Newly formed central

government had severe limitations

Limitations under the ArticlesFederal government consisted only of

a Congress – each state equally represented

No executive or judicial branchesCould not levy taxes – only request

money from the statesCould not regulate commerce

between the states◦States taxed each other’s goods and

negotiated trade agreements with other countries

No law enforcing powers were granted to Congress

Unanimous vote for amending the Articles was required

States retained all powers not specifically granted to Congress

9 of 13 states were necessary to pass legislation

Shay’s RebellionFarmers in western

Massachusetts rebelled against property foreclosures ◦They were in debt and unable to pay

taxesForced judges out of court and

freed debtors from jailsEncouraged leaders to seek a

stronger federal government

Constitutional Convention55 delegates from 12 statesMay 1787Most were well-educated, wealthy

menFamous delegates:

◦Alexander Hamilton – leading Federalist◦George Washington – chair of Convention,

Federalist◦James Madison – credited with writing

large part of Constitution◦Benjamin Franklin

Agreements/CompromisesFounders had a common belief in

a balanced government◦Wanted to construct a government

where no single interest dominatedThey agreed with Locke that

government should protect property

Most delegates believed that only white, property owners should have the right to vote

Large states favored a strong, central government

Small states wanted stronger state governments

Most delegates favored a bicameral (two-house) legislature

The Virginia PlanCalled for a strong central governmentWork by Federalists, such as Madison

and HamiltonPlan proposed by James RandolphIt called for a bicameral legislatureRepresentation in both houses was to

be based on population◦Larger states would have the majority

Also called for a national executive and a national judiciary

The New Jersey PlanProposed by delegates from the

smaller states◦Presented by William Paterson

Legislature would be unicameral (having only one house)◦Each state would have the same

number of votes – equal representation

The Great CompromiseAlso known as the “Connecticut

Compromise”Called for a bicameral legislature

◦Senate – would have votes based on equal representation (NJ Plan) Representatives would be chosen by state

legislatures

◦House of Representatives – votes based on population (VA Plan) Directly elected by the people Voter eligibility determined by the states

Three-Fifths CompromiseThere was a North/South disagreement

regarding the counting of slaves for purposes of apportioning seats in the House

South - wanted to count slaves in order to increase their numbers

North – resisted the South’s effortsCompromise

◦Allowed Southern states to count a slave as 3/5 of a person, allowing a balance of power between the North and South

Presidential Selection CompromiseSelection of President would be

up to an electoral college◦People selected by each state

legislature to formally cast their ballots for the presidency

Signing the Constitution All but 3 delegates signed the

Constitution on September 17, 1787

Drafting the Constitution took about 3 months

Document has lasted more than 200 years, making it the longest lasting Constitution in world history

Amending the Constitution The Founders designed the

amendment process to be difficult, preventing Congress from easily adding so many amendments

They wanted the original document to be meaningful

Formal AmendmentsThe Congress can be formally

amended in 4 ways:◦(1) Amendments may be proposed

by a 2/3 vote of each house of Congress and ratified by at least ¾ of the state legislatures All but 1 of the amendments have been

added through this process.

◦(2) Amendments may be proposed by a 2/3 vote of each house of Congress and ratified by specially called conventions in at least ¾ of the states. Method was only used 1 time – 21st Amendment

that repealed prohibition

◦(3) Amendments may be proposed by a national constitutional convention requested by at least 2/3 of state legislatures and ratified by at least ¾ of the state legislatures

◦(4) Amendments may be proposed by a national constitutional convention and ratified by specially called conventions in at least ¾ of the states

The last 2 methods have never been used to amend the Constitution

Federalists vs. Anti-Federalists There was debate over

ratification of the Constitution between two major factions – the Federalists and Anti-Federalists

Federalists Supporters of the ConstitutionFavored a strong, centralized

government They believed the Constitution

adequately protected individual liberties

Anti-Federalists Opponents of the Anti-FederalistsBelieved the proposed

government would be oppressive Also believed that individual

freedoms and rights should be explicitly guaranteed

The Federalist PapersRatification of the Constitution

was defended by the Federalist Papers ◦Written by James Madison, Alexander

Hamilton, John Jay

Two most famous papers:◦Federalist #10

Argued that separation of powers and federalism check the growth of tyranny by factions

Each branch of government would keep the other two from gaining a concentration of power

◦Federalist #51 Explained why a strong government is

necessary

Compromise and Signing A compromise and agreement

was made between the 2 factions with the addition of a Bill of Rights (or 1st 10 amendments)◦Guaranteed individual freedoms and

rightsRatification occurred in 1787

◦All states agreed to the documentBill of Rights officially added in

1791

Important Terms/IdentificationsAnti-FederalistsArticles of ConfederationBicameral LegislatureBill of RightsChecks and BalancesConsent of the GovernedElectoral CollegeEuropean EnlightenmentFactions

Federalist PapersFederalismFederalistsFormal Amendment ProcessThe Great CompromiseThomas HobbesInformal Amendment ProcessJudicial ReviewJohn Locke

Limited GovernmentNatural RightsNew Jersey PlanPopular SovereigntyRatificationSecond Treatise of GovernmentSeparation of PowersShay’s RebellionSocial Contract

“State of Nature”Three-Fifths CompromiseUnicameral LegislatureVirginia Plan