Sources of Constitution
British Customs and Traditions (Magna
Carta; 1215)
European Philosophers
States and their colonial experience
Enlightenment Philosophers
 Thomas Hobbes (1588-1679)
 Social-Contract Theory- People give up some rights to in
exchange for peace/order
 John Locke (1632-1704)
 In state of nature all people were equal and enjoyed
certain natural rights (“inalienable rights”)
 Baron de Montesquieu (1689-1755)
 Gov’t should be organized to prevent any one person or
group from dominating others (Proposed 3 branches)
 Jean-Jacques Rousseau (1712-1778)
 Gov’t must be based on popular will of the people. If
gov’t acts counter to this, it can be eliminated
Early U.S. Gov’t: The Articles of Confederation (A
Failed Experiment)----1781-1791
 Congress could not pass taxes to raise
revenue ($$);
 U.S. in debt through loans France/Spain
 Each state had 1 vote in Congress
 All 13 states had to agree to amend
Constitution
 Congress could not regulate trade (states
passed taxes that impacted other states)
 No national army to deal with external threats
Constitutional Convention (MaySept. 1787)
Background:
Articles of Confederation (Corrected
Weak Central Government)
Shay’s Rebellion (1786)
 Necessity of strong national gov’t
Principles of the Constitution
Question: How do we create a more
effective government than we had under
the AOC, but limit the power of gov’t to
prevent tyranny
A: The Madisonian Model
Separation of Powers
 To Madison, tyranny was gov’t that controlled all three
branches (argument for division of power)
 This diffuses power instead of concentrating it
 Danger of one branch combining forces with another
(argument for checks and balances)
 Need for strong executive
Checks and Balances
 Fear of tyranny; distrust of government; meant to build
inefficiency to prevent gov’t abuse of power
 18th century view of gov’t restraint combined with
modern view of gov’t use for common good
 Each branch has check on other two
 Ex.: veto, appointment, veto override, treaty making,
judicial review, commander-in-chief, law making
 Political Independence (no branch is dependent on
other two)
 Staggering Terms (2yr, 6 yr., life appointment)
Limited Government
Dillema: Wanting more effective gov’t, but limited gov’t to
avoid tyranny
Remedy:
1)
Constitutional Gov’t- Only powers listed in
Constitution
2)
Bill of Rights: Safeguard against strong, distant
federal government (10th Amendment)
3)
Free Elections (Potential of majority faction; Madison
cautioned against this)
Rule of Law / Popular Sovereignty
Established by the Magna Carta (which
was written in 1215 limiting King John’s
power over the governed
Popular Sovereignty refers to “general
will of the people”, governments cannot
act contrary to the will of the people.
Areas of Agreement
 Establish republican gov’t
 Scrap Articles of Confederation
 Establish Constitutional gov’t
 Strong central gov’t
 Protect Property Rights (main purpose of
gov’t)
 Keep proceedings secret
 Balanced gov’t (diminish single interest)
Areas of Disagreement
1. Representation among states
 Virginia Plan vs. New Jersey Plan
 (population vs. equal representation)
 Connecticut Plan (Great Compromise)
A: Bicameral (2-House Legislature)
2. Representation and taxation of slaves
 3/5 Compromise
A: Slaves counted as 3/5 of a person
3. Election of President
 Congress, State Legislature, or Direct Election?
A: Electoral College