The Constitution

The Shrine of the Constitution

Enlightenment Influence John Locke, Second Treatise on

Government:State of Nature = anarchyGovernment = contract to protect

Natural Rights (Life, Liberty, Property)Right of Revolution if government

threatens rights Montesquieu, The Spirit of the

Laws:Separation of powers into 3 branches

would provide checks & balances between them & prevent tyranny

Republics only work in small territory with homogenous population

Charles de Secondat,Baron de Montesquieu

American View of Constitution Normative - what ought to be, not what

already exists Actual representation, not virtual Rights inherent in people, not granted by

King People are sovereign, not government

Problems

Slavery contradicted egalitarian rhetoric Establishment of religion attacked by

dissenters as taxation without representation Problem of balancing government if there

were no nobles or KingDemocracy seen as dangerousDeference to the best men was endangered

Economic Adjustment in the 1780s

Economic downturn after initial postwar buying spree

No national currencyworthless ContinentalsState paper moneyBritish pounds & Spanish

dollars Shay’s Rebellion scared

wealthy elites – suggested danger of democracy

Virginia Currency

Daniel Shays

2 Groups of People Localists:

Poor, rural debtorsOpposed to strong central governmentFavored paper moneyNot well-traveled or well-educated

Cosmopolitans:Wealthy, urban creditorsFavored strong central governmentFavored “hard” moneyWell-traveled and well-educated

John Adams, Defense of the Constitutions of America:

Bicameral legislature with higher property requirement for upper house checks power of the masses

Independent executive with veto power checks legislative corruption

Independent judiciary keeps legislature honest

James Madison

Republics work best in large, diverse territory

Tyranny of the majority is greatest threat in a republic

Popular will refined through indirect elections

Aristocracy of merit

The Articles ofConfederation Drafted by John

Dickinson & 13-man committee, June-July 1776

Passed by Congress in Nov. 1777; ratified by 8 states in 1778

Remaining states held out for abandonment of western land claims

Western Land Cessions

JohnDickinson

The Articles of Confederation

Unicameral Congress, with each state receiving one vote

No executive or judicial branches

Could recommend laws and taxes to states, but could not enforce them

Amendments required unanimous approval by state governments

Northwest Territory

Areas of Agreement about the Powersthe Central Government Needed

Power of direct taxation Power to regulate interstate commerce Power to call up militia and coerce states Power to act militarily and diplomatically Power to regulate state tender laws National judiciary Amendability without unanimity Supremacy of national laws over state laws

Areas of Disagreement

Election and representation Nature and power of executive Extent of national government’s powers

and state governments’ powers

The Virginia & New Jersey Plans

Virginia Plan:Bicameral legislatureRepresentation based

on populationStrong, independent

executive

New Jersey Plan:Unicameral

legislatureEqual representation

for each state3-man executive

elected by legislature

WilliamPaterson

EdmundRandolph

Roger Sherman’s Connecticut Compromise Bicameral legislature Representation in lower house

(House of Representatives) based on population (census every 10 years)

Each state gets two representatives in upper house (Senate), who can act independently

New states come in on equal basis

Strong executive with veto power

Roger Sherman

Compromises on Slavery 3/5 of slaves counted toward

representation & taxation Congress couldn’t ban slave trade for 20

years Fugitive Slave Clause required capture

& return of escaped slaves Northwest Ordinance banned slavery

in Northwest, but allowed in Southwest

Separation of Powers

Checks and Balances

Traditional Federalism

The Ratifying Conventions

Anti-Federalists’ Arguments:Too much power taken from sovereign

statesThe President will become a KingThere’s no Bill of Rights like the states have

Federalists’ Responses:The people are sovereign – gave some

power to states, others to national government

Strong President needed to check strong Congress

Bill of Rights unnecessary because Congress’ powers are enumerated, therefore limited

Patrick Henry

Ratification