Chapter 2
Before the Constitution:
Colonial and Revolutionary Experiences
 Before the Constitution
 Colonial experiences with democratic institutions; English
Parliament and colonial charters
 The “rights of Englishmen”—including trial by jury
 Repeal of the Stamp Act: a tax on colonial newspapers and
document
 Enactment of the Townsend Act: tax on tea
 First Continental Congress
© 2014, McGraw-Hill Education. All Rights Reserved.
2
Before the Constitution:
Colonial and Revolutionary Experiences
 Declaration of Independence
 A call to revolution—liberty, equality, individual rights, selfgovernment, 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
© 2014, McGraw-Hill Education. All Rights Reserved.
3
Before the Constitution:
Colonial and Revolutionary Experiences
 Articles of Confederation
 Adopted during the Revolutionary War
 Created weak national government
 States retained “sovereignty, freedom and independence”
 Prohibited Congress from interfering in states’ commerce
policies
 Prohibited Congress from taxation
© 2014, McGraw-Hill Education. All Rights Reserved.
4
Before the Constitution:
Colonial and Revolutionary Experiences
 A nation dissolving
 Raised fears about the weakness of the national government
 Weakened Congress—nation dissolving
 Farmers, led by Daniel Shays, marched to prevent
foreclosures on their land
 Congress unable to raise army to quell rebellion
 Motivated Congress to authorize a convention in
Philadelphia to revise Articles of Confederation
© 2014, McGraw-Hill Education. All Rights Reserved.
5
Negotiating toward a Constitution
 The 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
© 2014, McGraw-Hill Education. All Rights Reserved.
6
Negotiating toward a Constitution
 The Three-Fifths Compromise: issues of slavery and trade
 Congress agreed not to tax exports, only imports
 Congress agreed not to outlaw slavery
 Three-Fifths Compromise: three-fifths of enslaved
population counted for apportionment of taxes and political
representation
© 2014, McGraw-Hill Education. All Rights Reserved.
7
Insert Figure 2-1
African Americans as a Percentage of State Population, 1790
© 2014, McGraw-Hill Education. All Rights Reserved.
8
Negotiating toward a Constitution
 A strategy for ratification
 Constitution submitted directly to the states
 Federalists: proponents of the Constitution
 Anti-Federalists: against a strong national government
© 2014, McGraw-Hill Education. All Rights Reserved.
9
Negotiating toward a Constitution
 The 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
© 2014, McGraw-Hill Education. All Rights Reserved.
10
Negotiating toward a Constitution
 The framers’ goals
 Government strong enough to meet the country’s needs
 Government not threatening existence of the separate states
 Government not threatening liberty
 Government based on popular consent
© 2014, McGraw-Hill Education. All Rights Reserved.
11
Insert Table 2-1
Major Goals of the Framers of the Constitution
© 2014, McGraw-Hill Education. All Rights Reserved.
12
Protecting Liberty:
Limited Government
 Grants 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
© 2014, McGraw-Hill Education. All Rights Reserved.
13
Protecting Liberty:
Limited Government
 Using power to offset power
 Montesquieu’s concept of separation of powers
 Madison’s Federalist No. 10 and the problem of
overbearing majorities
 The framers’ special contribution: separate but overlapping
powers
© 2014, McGraw-Hill Education. All Rights Reserved.
14
Insert Table 2-2
Constitutional Provisions for Limited Government
© 2014, McGraw-Hill Education. All Rights Reserved.
15
Protecting Liberty:
Limited Government
 Separated institutions sharing power: checks and balances
 Separation of powers: divide powers of government
 Shared 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
© 2014, McGraw-Hill Education. All Rights Reserved.
16
Insert Figure 2-2
The System of Checks and Balances
© 2014, McGraw-Hill Education. All Rights Reserved.
17
Protecting Liberty:
Limited Government
 Bill of Rights
 First ten amendments to Constitution
 Protects rights of citizens, such as:



Freedom of speech
Trial by jury of peers, and legal counsel
Freedom of religion
 Limits power of government
© 2014, McGraw-Hill Education. All Rights Reserved.
18
Protecting Liberty:
Limited Government
 Judicial review
 Courts determine if governmental institution is acting within
its constitutional powers
 Established by Chief Justice John Marshall in Marbury v.
Madison (1803)
© 2014, McGraw-Hill Education. All Rights Reserved.
19
Providing for Self-Government
 Democracy 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
© 2014, McGraw-Hill Education. All Rights Reserved.
20
Providing for Self-Government
 Limited popular rule
 People participate indirectly in process of government
through election of officials
 Indirect election of president through Electoral College
 Indirect (initially) election of senators
 Federal judiciary appointed, not elected
© 2014, McGraw-Hill Education. All Rights Reserved.
21
Insert Table 2-3
Original Methods of Choosing National Leaders
© 2014, McGraw-Hill Education. All Rights Reserved.
22
Providing for Self-Government
 Altering 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
© 2014, McGraw-Hill Education. All Rights Reserved.
23
Insert Table 2-4
Measures Taken to Make Government
More Responsive to Popular Majorities
© 2014, McGraw-Hill Education. All Rights Reserved.
24
Constitutional Democracy Today
 Constitutional: power gained through elections to be
exercised in accordance with law and with due respect for
individual rights
 Democratic: provides for majority influence via elections
 Republic: mix of deliberative institutions, each of which
moderates the power of the others
© 2014, McGraw-Hill Education. All Rights Reserved.
25