Chapter 2 The Founding and the Constitution The Founding and the Constitution The First Founding: Interests and Conflicts • Americans had different financial interests prior to the Revolution. – – – – – New England merchants Southern planters Royalists Shopkeepers, artisans, and laborers Small farmers British Taxes and Colonial Interests The First Founding: Interests and Conflicts • Early Tax Revolts – Sugar Act 1764 • Enforced a previous tax on molasses – The Stamp Act 1765 • Required printed materials to have a stamp on them The First Founding: Interests and Conflicts • The Boston Tea Party (1773) – East India Trade Company had monopoly on importing tea and sought to bypass the merchants by selling it directly to the colonists – Goal was to provoke a government clampdown • Closed the Port of Boston and shut down the Massachusetts government The First Founding: Interests and Conflicts • The Declaration of Independence, 1776 – Philosophical document stating that certain rights were inalienable – Political document explaining that since the king has violated those rights, the colonists had the right to separate – Addressed multiple audiences The Declaration of Independence The First Founding: Interests and Conflicts • The Articles of Confederation, 1777–1789 – – – – First American government weak and ineffective Created a confederation of 13 states Weak central government with limited powers Impractical government requiring 9 of 13 votes to pass any laws, and all 13 to make amendments – Prevented colonies from creating treaties – Lacked an army or navy to protect citizens – No taxing authority Shays’ Rebellion The Second Founding: From Compromise to Constitution • Shays’ Rebellion, 1787 – Goal was to prevent the court from repossessing debtridden lands held by poor farmers in western Massachusetts – The rebellion revealed the weaknesses of the new central government, which lacked both the power to tax and also a national army. – Served as a focal point for those who would draft the new constitution The Second Founding: From Compromise to Constitution • Constitutional Convention, 1787 – Interests: the financial interests of the wealthy were better protected under the new Constitution. – Principles: the new Constitution embodied leading political theories of the time regarding liberty, equality, and democracy. The Second Founding: From Compromise to Constitution • The Great Compromise: How to form the legislature? – Virginia Plan: states would have delegates proportionate to population or wealth. – New Jersey Plan: each state would have equal representation. – Connecticut Compromise: equal representation in the Senate, proportional in the House of Representatives. WHO ARE AMERICANS? Who Benefits from the Great Compromise? CHAPTER 2 WHO ARE AMERICANS? Representation in the First Congress Senate Seat House of Representatives Seat NC MD NY MA PA VA SOURCE: U.S. Census Bureau, www.census.gov (accessed 8/16/12). SC CT NJ GA NH DE RI WHO ARE AMERICANS? State Populations, 1790* 1. Virginia 747,610 2. Pennsylvania 433,373 3. Massachusetts 378,787 4. New York 340,120 NH NY PA 5. Maryland 319,728 6. North Carolina 393,751 7. South Carolina 8. Connecticut 9. New Jersey MD NC 184,139 11. New Hampshire 141,885 12. Delaware 59,096 13. Rhode Island 68,825 SOURCE: U.S. Census Bureau, www.census.gov (accessed 8/16/12). CT DE VA 237,946 82,548 RI NJ 249,073 10. Georgia MA SC GA * The framers calculated the number of representatives per state in 1787 using population estimates. The first census was not taken until 1790. Total state population includes slave population. Slaves were counted as 3/5 of a person for purposes of apportioning seats in the House. The Question of Slavery: The Three-fifths Compromise The Constitution • Goals of the Framers – A central government strong enough to promote commerce and protect property against infringement by the states – Prevent “excessive democracy” – Emphasize ideas that would generate public support – Restrain the federal government from impinging on liberties and property rights The Constitution • The Legislative Branch – Most powerful branch of new government – Two chambers: House and Senate • Each has different powers • Each is accountable to a different constituency • Different term lengths (2 yrs. House, 6 yrs. Senate) • Share some powers with the other branches The Constitution • Power and Consent – New federal government far more powerful than the old. How to build public trust? • New powers specifically given mostly to Congress – Congress directly accountable to the people in the House – Congress directly accountable to the states in the Senate • New powers were expressly written but flexible enough to adapt and respond to public will The Separation of Powers The Constitution • The Executive Branch – The framers needed an executive both to offset the potential power of the new Congress and to act with speed during times of crisis. – They also needed a unifying figure who would serve as the Head of State. The Constitution • The Judicial Branch – Goal was to nationalize government power through one court that was supreme to all the others and that could stand up to the other branches. The Constitution • National Unity and Power – The Constitution had to allow states enough freedom to pursue their own policies and unify the nation enough to have a common economy. – States were given tremendous leeway, but were asked to respect contracts made in other states. – The constitution stands supreme over state laws. The Constitution The Seven Articles of the Constitution The Constitution • Amending the Constitution – The Articles of Confederation were extremely difficult to amend; required unanimous vote. – New Constitution requires supermajorities, but not unanimity. • It remains difficult and rare to amend, but more plausible than Articles would allow. The Constitution • Limiting the National Government’s Power – Separation of Powers with checks and balances – Dividing constituencies to make officeholders accountable to different elements of the public – Federalism – Bill of Rights The Constitution • Checks and Balances The Fight for Ratification • Ratification was very controversial – Federalists: • Favored a stronger central government • Federal control over the economy • Clear property rights • Government by elites – Antifederalists: • Favored the balance of power being with the states • Clearly articulated rights (not just property) • Government by leaders who shared the economic interests of the people The Fight for Ratification The Fight for Ratification • Federalists versus Antifederalists • Conflict over three fundamental issues: – Representation – Tyranny – How to limit the government The Fight for Ratification Representation – Antifederalists wanted representatives who shared the same financial interests and backgrounds as those they represented. • Feared only the rich would be elected and would act against everyone else’s interests – Federalists thought elections would keep the legislators concerned for their constituents’ interests. The Fight for Ratification Tyranny • Antifederalists were concerned government would be controlled by the wealthy elite. – Feared tyranny of a wealthy minority • Federalists feared the mass electorate would team up against the wealthy elite, who would always be in the minority. – Feared tyranny of an unsophisticated majority The Fight for Ratification Limiting Government Power • Antifederalists wanted a weak central government with enumerated powers and a Bill of Rights. • Federalists saw the need for a strong central government, and divided its powers to prevent tyranny of the majority. The Citizen’s Role and the Changing Constitution • Amending the Constitution Amendments to the Constitution Amendments to the Constitution (cont’d) The Citizen’s Role and the Changing Constitution • The U.S. Constitution is “higher law.” – Establishes a framework within which ordinary laws are made • The U.S. Constitution is a living document, and hence our understanding of it changes over time, even without amendment. Public Opinion Poll Do you believe the U.S. Constitution (1787) was driven more by noble principles or political selfinterests? a) Driven primarily by noble principles b) Driven primarily by political self-interests c) A mix of noble principles and political self-interests Public Opinion Poll Federalists and Antifederalists disagreed about what most influenced elected officials and their policy choices. Which do you think has the most influence on the kinds of laws elected officials support? a) Their desire to get re-elected or hold higher office b) Their personal wealth/economic class c) Their personal opinions and feelings about issues Public Opinion Poll Do you think we would have different kinds of laws if elected officials had the same economic background as their average constituent, as the Antifederalists believed? a) Yes, our laws would be different if elected officials had the same income as their constituents. b) No, our laws would be the same no matter the income similarity or difference between elected officials and those they represent. Public Opinion Poll Small and large states compromised significantly on the structure of the legislature (think of the electoral college, for example). As a result of these compromises, do you think: a) b) c) d) Small states have little influence on government. Large states have little influence on government. Small states have too much influence on gov’t. Large states have too much influence on gov’t. Public Opinion Poll Considering the current number of amendments to the U.S. Constitution, the number of amendments that have failed, and the stability of our Constitution, do you believe the process for amending the U.S. Constitution is too difficult, about right, or too easy? a) Too difficult b) About right c) Too easy Chapter 2: The Founding and the Constitution • Quizzes • Flashcards • Outlines • Exercises wwnorton.com/we-the-people Following this slide, you will find additional images, figures, and tables from the textbook. British Taxes and Colonial Interests The Three-Fifths Compromise The Constitution, the U.S. Postal System, and the Internet The American Constitution: A Model for the World? The Supreme Court and Constitutional Amendments The Declaration of Independence The American Constitution: A Model for the World? The Eighteenth Amendment The Eighteenth Amendment The Eighteenth Amendment