Lecture 3: The American republic and Constitution

Origins of Republicanism in the US

Republicanism = Idea that the people (through their representatives) can

rule themselves

I. Models from Antiquity• The rise of Greek city-states (800-500 BC)- Athens--small, turbulent, and “democratic”

• The Roman Republic- creation of the “Senate”--indirectly representative

govt.- large, powerful, lasted 100s of years- as American ideal--politics, art, architecture, legend

Washington in a toga

II. Experience of Self-rule

• A history of administering their own affairs for almost 150 years

Virginia House of Burgesses

Creation of a Republican national govt

• An “experiment” in republican govt--many expected to fail

• Americans’ sense of state identity, and fear of centralization

• First try: The Articles of Confederation (drafted in 1777)

Article I. The Stile of this Confederacy shall be "The United States of America."

Article II. Each state retains its sovereignty, freedom, and independence. . .

Features/Weaknesses of the Articles of Confederation

• No U.S. judiciary to settle disputes between states

• No real executive power to carry out or enforce federal (national) laws

• 9 of 13 states needed to approve legislation

• No power to collect taxes directly

• No power to raise an army directly

Shays Rebellion 1786

Another attempt at a federal (national) govt

• 1787 States agree to send reps to Philadelphia to amend Articles

• Debates and compromises:- Virginia Plan vs New Jersey Plan- Senate and House apportioned differently

- Slavery and direct taxation/representation- “the 3/5 compromise”

- Federalists vs Anti-federalists- Bill of Rights added

signing the Constitution

Madison and the Principles of the Constitution

• 1: Republicanism--not quite democracy“democracy is the most vile form of government... democracies have

ever been spectacles of turbulence and contention: have ever been found incompatible with personal security or the rights of property”

• 2: Federalist Papers 10 & 51• “ambition to counteract ambition” in checks and balances

• “cross-cutting cleavages” of a large republic

Review of U.S. Constitution (1789)• Preamble- “People” not “States”

• Article 1 (Article, Section, Clause)

• Congress- Sec 2--House of Representatives• Pg 3

• 3/5 rule

Article I, cont’d

- Sec 3--Senate• Pg 1

• --representing state, elected by state legislature

- Sec 8--Powers of Congress• raise taxes, raise army, regulate commerce among states, necessary

and proper

- Sec 9--Restraints on Congress• banning slave trade, suspend habeas corpus, create nobility

• Article 2--Presidency and electoral college

• Article 3--Federal Judiciary

• Article 4--Full faith and credit, fugitive slave

• Article 5--amendment formulas

• Article 6, Pg 2--”Supremacy Clause”

• Article 7--Ratification

Review of U.S. Constitution

Bill of Rights

• Amend 1--religion and speech• Amend 2--guns• Amend 4--search and seizure• Amend 5--double jeopardy, self-incrim, due process• Amend 6, 7--trial procedure--jury trial, counsel• Amend 8--Cruel and unusual, excessive bail• Amend 9,10--non-specified rights remain with the

states and people