• Goal of Am. Revolution was libertyGoal of Am. Revolution was liberty• Colonists lacked rights as British subjectsColonists lacked rights as British subjects• English Constitution lacked legitimacyEnglish Constitution lacked legitimacy

• After French and Indian War: After French and Indian War: ““taxation taxation without representationwithout representation””

• Montesquieu (1689-1755), Montesquieu (1689-1755), The Spirit of LawsThe Spirit of Laws• Hobbes (1588-1679), Hobbes (1588-1679), The LeviathanThe Leviathan• Locke (1632-1704), Locke (1632-1704), Second Treatise of Second Treatise of

GovernmentGovernment• Rousseau (1712-1778), Rousseau (1712-1778), The Social ContractThe Social Contract• Thomas Paine (1737-1809), Thomas Paine (1737-1809), Common SenseCommon Sense

• No more divine right - elimination of royal No more divine right - elimination of royal prerogativeprerogative

• EVERYONE is equalEVERYONE is equal– ““self-evidentself-evident””

• MAJOR SCHISMMAJOR SCHISM• DOCUMENTDOCUMENT– Philosophical basisPhilosophical basis– GrievancesGrievances– State of SeparationState of Separation

• ““We hold these truths to be self-evident, that all men We hold these truths to be self-evident, that all men are created equal; that they are endowed by their are created equal; that they are endowed by their Creator with certain unalienable rights; that among Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness.these are life, liberty, and the pursuit of happiness.””

• ““[T]hat whenever any form of government becomes [T]hat whenever any form of government becomes destructive [in protecting rights and responding to the destructive [in protecting rights and responding to the people], it is the right of the people to alter or abolish people], it is the right of the people to alter or abolish it, and to institute a new government…it, and to institute a new government…””

• ““[T]o secure these [basic] rights, governments are [T]o secure these [basic] rights, governments are instituted among men, deriving their just powers from instituted among men, deriving their just powers from the consent of the governed…the consent of the governed…””

• Based upon LockeBased upon Locke’’s conception of s conception of individual rightsindividual rights• life, liberty, right to own propertylife, liberty, right to own property• government as a social contract to government as a social contract to

protect individual rightsprotect individual rights• Outlines basic political philosophy of the Outlines basic political philosophy of the

new republicnew republic• Justifies rebellion against Britain Justifies rebellion against Britain

• Original plan for government (1Original plan for government (1stst Constitution Constitution of US)of US)– Authority laid with statesAuthority laid with states

• Congress of the ConfederationCongress of the Confederation• States had central authority over direction of States had central authority over direction of

countrycountry

• Article II – Article II – ““Each state retains its sovereignty, Each state retains its sovereignty, freedom, and independence.freedom, and independence.”” Gov Gov’’t has no controlt has no control

• Unicameral Congress (one house) with one vote Unicameral Congress (one house) with one vote per stateper state– Supermajority (9 of 13) to pass a lawSupermajority (9 of 13) to pass a law– Supermajority (13 of 13) to amendSupermajority (13 of 13) to amend

• No Executive (No President), no central authorityNo Executive (No President), no central authority• No Federal Judiciary (No Supreme Court), no No Federal Judiciary (No Supreme Court), no

central lawcentral law• No control of taxation, commerce between states No control of taxation, commerce between states

or with foreign nations, money systemor with foreign nations, money system

*Leads to Constitutional Convention and complete restructuring of American Government

• Anti-Federalists– Desired STRONGER state governments and WEAKER

national government– Keep government in check maintain individual

rights– Felt Americans were good, virtuous, and will

participate• Federalist– Desired a STRONGER national government and

WEAKER state governments– Already included:

• Ex post facto• No bill of attainder• Habeas corpus

– Felt Americans were good, but incompetent and will ruin country

• The Federalist Papers: Madison, Hamilton, Jay• Anti-federalist concerns:

• constitution too aristocratic• large republic not feasible• possible tyranny of national government• no specific protection of rights

• Madison promises the Bill of Rights after ratification

• First ten amendments to the federal constitution: – Restrain the national government from

tampering with fundamental rights and civil liberties

– Emphasize the limited character of the national government’s power

– 1787 Framers needed to centralize power• Bridge between theory and reality

– Divides the national government into three branches

– Describes the powers of those branches and their connections

– Outlines the interaction between the government and the governed

– Describes the relationship between the national government and the states

– Is the supreme law of the land

• HOUSE OF REPRESENTATIVES– Representation in the House of

Representatives would be apportioned according to the population of each state (initially consisting of 56 members)

– Revenue-raising acts would originate in the House

• SENATE– Each state would be represented equally in

the Senate (2 each)– Senators would be selected by their state

legislatures, not by direct popular election

• Popular Sovereignty – power to govern belongs to the people, gov’t based on the consent of governed

• Separation of Powers – division of gov’t between branches: executive, legislative and judicial

• Checks and Balances – a system where branches have some authority over others

• Limited Government – gov’t is not all-powerful, and it does only what citizens allow

• Federalism – division of power between central government and individual states

• Madison addressed biggest fear of gov’t• Faction – a group in a legislature or political party

acting together in pursuit of some special interest (think fraction – ½, 1/3, etc)

• Founding fathers were concerned that our government would be ripped apart

• Separation of Powers check the growth of tyranny• Each branch of government keeps the other two from

gaining too much power• A republic guards against irresponsible direct

democracy or “common passions”• Factions will always exist, but must be managed to

not severe from the system.

• Seven articles of the Constitution – 1-3: Establish the separate branches of

government and specify their internal operations and powers

– 4-7: Define the relationships among the states, explain the process of amendment, declare the supremacy of national law, and explain the procedure for ratifying the Constitution

• Section 8 establishes the principle of Enumerated Powers in which Congress may exercise only the powers that the Constitution assigns to it– Commerce clause – “regulate Commerce

with foreign nations, and among the several States.”

• The last clause of Section 8, the “necessary and proper clause,” also establishes Congress’ implied powers—powers that Congress needs to execute its enumerated powers

• Establishes:– President’s term of office– Procedure for electing the president through

the electoral college– Qualifications for becoming president– President’s duties and powers

• Compromise between big and small states

• Protect against direct election by uninformed citizens/cater to elite

• Did not trust the people, Congress, or state legislatures to solely select president

• Reinforces federalism/gives states role in presidential selection

WHY ELECTORAL COLLEGE?

• The Judicial Article– Left purposely vague due to

disagreement over its provisions and thus Congress established a system of federal courts, separate from state courts

– Does NOT explicitly give the courts the power of judicial review or the authority of the court to invalidate congressional or presidential actions

• Requires that the judicial acts and criminal warrants of each state be honored in all other states – Full Faith and Credit

• Forbids discrimination against citizens of one state by another state – Privileges and Immunities

• Extradition• Allows the addition of new states and

stipulates that the national government will protect the states against foreign invasion and domestic violence

• Slavery– Legal in every state except Mass.– Representation and taxation based on 3/5

compromise– Grouped them under property

• Voting– Some wanted universal manhood suffrage– Left it up to the states- if you could vote in

state elections, you could vote in national

• Specifies the method for amending the Constitution

• Judicial interpretation• Social and cultural changes

• Supremacy Clause:– Asserts that when they conflict with

state or local laws, the Constitution, national laws and treaties take precedence

• Describes the ratification process, stipulating that approval by conventions in nine states would be necessary for the Constitution to take effect