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Chapter 2
Before the Constitution: Colonial and Revolutionary ExperiencesBefore the Constitution
Colonial experiences with democratic institutions; English Parliament and colonial charters
The “rights of Englishmen”—including trial by juryRepeal of the Stamp Act: a tax on colonial newspapers and
documentEnactment of the Townsend Act: tax on teaFirst Continental Congress
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Before the Constitution: Colonial and Revolutionary ExperiencesDeclaration of Independence
A call to revolution—liberty, equality, individual rights, self-government, lawful powers
Philosophy of John Locke Inalienable (natural) rights: life, liberty, and property Social contract: government has responsibility to preserve rights
Thomas Jefferson “All men are created equal” Just powers derive from the consent of the governed
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Before the Constitution: Colonial and Revolutionary ExperiencesArticles of Confederation
Adopted during the Revolutionary WarCreated weak national governmentStates retained “sovereignty, freedom and independence”Prohibited Congress from interfering in states’ commerce
policiesProhibited Congress from taxation
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Before the Constitution: Colonial and Revolutionary ExperiencesA nation dissolving
Raised fears about the weakness of the national governmentWeakened Congress—nation dissolvingFarmers, led by Daniel Shays, marched to prevent
foreclosures on their landCongress unable to raise army to quell rebellionMotivated Congress to authorize a convention in
Philadelphia to revise Articles of Confederation
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Negotiating toward a ConstitutionThe Great Compromise: a two-chamber Congress
Virginia (large-state) Plan Representation based on population number Greater power to larger states
New Jersey (small-state) Plan Each state would have one vote Equal power to large and small states
Great Compromise: two-chamber Congress House of Representatives: proportional representation Senate: equal representation
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Negotiating toward a ConstitutionThe Three-Fifths Compromise: issues of slavery and trade
Congress agreed not to tax exports, only importsCongress agreed not to outlaw slaveryThree-Fifths Compromise: three-fifths of enslaved
population counted for apportionment of taxes and political representation
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Insert Figure 2-1African Americans as a Percentage of State Population, 1790
Negotiating toward a ConstitutionA strategy for ratification
Constitution submitted directly to the statesFederalists: proponents of the ConstitutionAnti-Federalists: against a strong national government
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Negotiating toward a ConstitutionThe ratification debate
Anti-Federalists raised arguments that still echo in American politics The national government would be too powerful State self-government and personal liberty at risk
The Federalist Papers: Alexander Hamilton, James Madison, John Jay
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Negotiating toward a ConstitutionThe framers’ goals
Government strong enough to meet the country’s needsGovernment not threatening existence of the separate statesGovernment not threatening libertyGovernment based on popular consent
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Insert Table 2-1Major Goals of the Framers of the Constitution
Protecting Liberty: Limited GovernmentGrants and denials of power
Grants: Limit government by stating specific powers in the Constitution Total of seventeen powers
Denials: Limit government by stating specific prohibitions in the
Constitution Constitution difficult to amend
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Protecting Liberty:Limited GovernmentUsing power to offset power
Montesquieu’s concept of separation of powersMadison’s Federalist No. 10 and the problem of
overbearing majoritiesThe framers’ special contribution: separate but overlapping
powers
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Insert Table 2-2Constitutional Provisions for Limited Government
Protecting Liberty: Limited GovernmentSeparated institutions sharing power: checks and balances
Separation of powers: divide powers of governmentShared institutions—checks and balances
Shared legislative powers: Congress checked by the president, Supreme Court
Shared executive powers: president checked by Congress, Supreme Court
Shared judicial powers: courts checked by the president, Congress
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Insert Figure 2-2The System of Checks and Balances
Protecting Liberty: Limited GovernmentBill of Rights
First ten amendments to ConstitutionProtects rights of citizens, such as:
Freedom of speech Trial by jury of peers, and legal counsel Freedom of religion
Limits power of government
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Protecting Liberty: Limited GovernmentJudicial review
Courts determine if governmental institution is acting within its constitutional powers
Established by Chief Justice John Marshall in Marbury v. Madison (1803)
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Providing for Self-GovernmentDemocracy versus republic
Framers feared the overbearing power of the majority in a democracy
Framers preferred concept of a republic, where people rule through elected representatives
Majority rule in a republic is limited to protect minority rights
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Providing for Self-GovernmentLimited popular rule
People participate indirectly in process of government through election of officials
Indirect election of president through Electoral CollegeIndirect (initially) election of senatorsFederal judiciary appointed, not elected
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Insert Table 2-3Original Methods of Choosing National Leaders
Providing for Self-GovernmentAltering the Constitution: more power to the people
Jeffersonian democracy Government belonged to all, not just elite
Jacksonian democracy States give electoral votes to winner of the popular vote
The Progressives Direct election of senators; referendums and initiatives Delegates carry out wishes of the voters
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Insert Table 2-4Measures Taken to Make GovernmentMore Responsive to Popular Majorities
Constitutional Democracy TodayConstitutional: power gained through elections to be
exercised in accordance with law and with due respect for individual rights
Democratic: provides for majority influence via electionsRepublic: mix of deliberative institutions, each of which
moderates the power of the others
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