What influenced the colonists?
• Magna Carta
• (1215) first document to limit the King’s power
• Established Due Process
• Habeas Corpus Act
• (1678) government must tell you what you are being held for and show
evidence against you.
• Petition of Right
• (1628) Government could not tax without consent
• Government could not quarter troops
• English Bill of Rights
• Trial by jury
• No cruel and unusual punishment
• Right to bear arms
What influenced the Founders?
 By 1776
• Americans had more than 150 years of local self-government
• Free white men had served on juries, attended town meetings
and voted in local elections
What influenced the colonists?
 Thomas Hobbes
• English philosopher and author of Leviathan
• Argued that humans without govt live in a “state of nature”, which is a
“state of war” against all
• As such, life is “solitary, poore, nasty, brutish, and short”
• To avoid death, people agree to leave this state of nature and form a
“social contract” and give all ABSOLUTE power to the state (which he
named Leviathan)
• Hobbes’ view, thus, undermined the “divine” rights of kings.
What influenced the Founders?
 John Locke
• English philosopher and author of Second Treatise of
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•
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Government (1690)
In nature, all humans are born with natural rights before
government. These are life, liberty and property.
Natural law is superior to human law and people can challenge
the tyranny of kings.
Government must be based on consent of the people, must
protect the above natural rights.
Government must be limited.
People can withdraw consent and revolt if government is
unjust.
Thomas Hobbes (1588-1679)
John Locke (1632-1704)
 “Give all power to the many, they will oppress the few. Give all
power to the few, they will oppress the many.” (A. Hamilton)
 “There are two passions which have a powerful influence on
the affairs of men. These are ambition and avarice; the love of
power and the love of money.” (B. Franklin)
 “From the nature of man, we may be sure that those who have
power in their hands…will always, when they can…increase it.”
(G. Mason)
1. What view of human nature is expressed in each statement?
2. If you agree, what kind of safeguards would you include in a constitution?
3. Are the Founders’ concern about human nature valid today as in 1787?
Why or why not?
The Government That Failed
 The Articles of Confederation
• The first document to govern the United States, it was adopted
in 1777 and ratified in 1781.
• It established a confederation, a “league of friendship and
perpetual union” among 13 states and former colonies.
• Congress had few powers; there was no president or national
court system.
• All government power rested in the states.
Articles of Confederation has Problems
Articles of Confederation
0 First functioning Government
0 Ratified in 1781
0 While Revolution is in progress
0 Most real power with the States
• Binding was a ‘rope of sand’
• Lots of quarrelling between the states
0 Just one Congress
0 Unicameral (one house)
0 each State had 1 representative
0 it took 13/13 States to approve a
treaty or amend the Articles
0 No executive or judicial branch
0 Could pass laws, make treaties, declare
war & pace, borrow money, and create
a postal system
Weaknesses of the A of C
1. Congress couldn't require States to obey national laws (no
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3.
4.
5.
6.
7.
Judicial branch)
The central government has little power over foreign trade
The Confederation has no effective military force.
Each state issues its own coins and paper money
The Confederation must ask states for money to support
the federal Government
Changes in the Articles require a unanimous vote of the
thirteen, makes it impossible to change the constitution
At least nine states are required to decide major issues
We NEED a stronger Government!!!
 “Shays Rebellion” scares a lot of people
• A Small Rebellion of Massachusetts farmers
• Series of attacks on courthouses by a small
band of farmers led by Revolutionary War
Captain Daniel Shays to block foreclosure
proceedings
• Economic elite concerned about Articles’
inability to limit these violations of individual’s
property rights
 Can’t decide what to do with the
Northwest Territory
 Have a ‘Constitutional Convention,’ to
rework the Articles
• Philadelphia in May 1787
 End up creating a new Constitution
The Philadelphia Convention
The U.S. Constitution was developed in 1787 at the Philadelphia Convention.
Decide if each statement about the Convention below is true (T) or false (F). Rewrite any false statements to make
them true.
1.
2.
3.
4.
5.
6.
7.
____ Delegates from all thirteen states attended the
Philadelphia Convention.
____ Thomas Jefferson was the primary writer of the
Constitution.
____ The Three-Fifths Compromise dealt with the
question of how to count slaves for taxation and
representation.
____ The New Jersey plan proposed that
representation in a national legislature should be
based on population.
____ Most delegates to the Convention were wealthy
male landowners.
____ The discussions of the Philadelphia Convention
were kept secret from the public.
____ Most delegates to the Convention had little
political experience.
Constitutional Convention
0 55 delegates from 12 states meet
‘for the sole and express purpose of
revising the Articles of
Confederation’
0 “the well-bred, the well-fed, the well-
read, and the well-wed”
0 Average age is 42, 2/3 lawyers, 1/3
owned slaves
0 Had political experience, from cities
0 No Rhode Island, John Adams,
Thomas Jefferson, Sam Adams,
John Hancock, or Patrick Henry!
0 Father of the Constitution
0 James Madison of Virginia
0 Spoke over 200 times
0 Took extensive notes
The Philadelphia Convention
0 Philosophy into Action
0 Human Nature
0 which is self-interested
0 Political Conflict
0 which leads to factions
0 Objects of Government
0 including the preservation of
property
0 Nature of Government
0 which sets power against
power so that no one faction
rises above and overwhelms
another
Constitutional Conflict!!!
Issues of Equality
 Virginia Plan
• Strong national government
• Three branches of government
• (legislative, executive, judicial)
• Two houses of congress, based on population
• Big states like it!
• VA, Penn, NC, Mass, NY, MD
JUST before was voted on, NJ introduced a new plan
 New Jersey Plan
• Three branches (same three)
• ONE house – equal representation
• Two executives
Constitutional Compromise
 Connecticut Compromise
• Roger Sherman of Conn presents the
compromise
• House of Reps is based on population
• Senate has two representatives per state (equal
representation)
 Issues of North v. South
• South wanted slaves to be counted in
population
Slavery and Representation
0 When Elbridge Gerry said
“Blacks are property and
are used to the southward
as horses and cattle to the
northward” If you want
slaves to count “make
them citizens and let them
vote,”
What was he saying???
Slavery and the Constitution
 Issue of Slavery
•
•
Declaration of Independence is
beginning to change people’s
attitudes towards slavery
South Carolina and Georgia
threatened to leave the Union
 James Madison (Father of the
Constitution) comes up with a
compromise
• 3/5 Compromise
• Made a mockery of the Declaration
• 3/5 of slaves were counted, for
representation purposes
• Ended the slave trade coming IN to the
country in 20 years (1808)
Powers Granted by Constitution to
National Government
 Print money, borrow money
 Levy taxes
 Regulate interstate (between states) and int’l trade
 Create standard weights and measures
 Punish counterfeiting & piracy. Authorizing patents and
copyrights
 Establish post offices
Powers Granted by Constitution to State
Governments
 Issue licenses
 Regulate trade and business within states (intrastate)
 Conduct elections
 Establish local government
 Protect public health and safety
 Ratify amendments to the Constitution
Powers Denied to Both Governments
National Government
0 Many not violate Bill of
Rights
0 Many not impose export
taxes among states
0 May not change state
boundaries
State Governments
0 May not print money
0 May not have treaties with
foreign nations
0 May not tax imports or
exports
0 May not impair contracts
0 May not suspend a
person’s right w/o due
process
Protecting Individual Rights in
Constitution
0 Some were written into the Constitution:
0 Prohibits suspension of writ of habeas corpus
0 No bills of attainder (can’t punish people w/o a trial)
0 No ex post facto laws (punish people or increase penalty for an act that
was not illegal when first committed).
0 Religious qualifications for holding office prohibited
0 Strict rules of evidence for conviction of treason
0 Right to trial by jury in criminal cases
0 Some were not specified
0 Freedom of speech and expression
0 Rights of the accused
Not a Full Fledged Democracy!
0 Founders wanted government to listen to voices of the people, but did
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0
0
0
not want them to have a complete strangle hold on the political
process.
There must be a “buffer” between the people’s demands and
government’s actions.
Government that is too close to the people would get swept up in
people’s passion and impulsive actions
Such a government would weaken the rights of the minority (elite
class, property owners like them?)
Therefore, they did not create a complete democracy, only a republic!
The Madisonian Model
0 To prevent a tyranny of the majority, and
factions, Madison proposed a
government of:
0 Limiting Majority Control (so that a
group will not be able to use government
to control other groups)
0 Separating Powers
0 Creating Checks and Balances
0 a republic (country where people elect
representatives to make decisions on their
behalf)
James Madison in Federalist Papers #47
The accumulation of all powers,
legislative, executive, and judiciary, in the
same hands…may justly be pronounced
the very definition of tyranny.
The Madisonian Model
0 Establishes a deliberative democracy and an elaborate
decision-making process
0 With checks and balances, people wishing change must
usually have a sizeable majority, not simple majority.
0 Changes are difficult to make and therefore, this model
0 Encourages moderation and compromise
The Madisonian Model
The Madisonian Model
What about the Executive Branch?
0 Chief Executive
0 One?
0 Two?/Three?
0 How long should the
President serve?
0 How to choose?
0 Congress picks the President?
0 People elect him?
0 Electors from each state?
0 Electoral College?
Constitutional Convention:
The Final Agreement
The Executive
 Single chief executive
 Electoral College to keep Congress out
• Clunky system
• Intended to prevent factions from deciding election
 4-year term of office
Electoral College
0 Has changed a lot since 1787
0 Number of electors from each
state determined by the
number of Senators plus
Representatives
0 Whoever gets 270, wins!
www.270towin.com
www.electoral-vote.com
Amending the Constitution
Anti Federalists v. Federalists
Federalists
Anti-Federalists
0 Against the Constitution
0 Supported the Constitution
0 Small farmers, shopkeepers, laborers
0 From larger states, cities, landowners,
professionals and wealthy merchants
0 Patrick Henry
0 Aaron Burr
0 Sam Adams
0 Thomas Jefferson
0 Alexander Hamilton
0 James Madison
0 John Jay
0 John Adams
0 George Washington
Anti Federalists v. Federalists
Anti-Federalists
Federalists
0 Strong state government (weak nat’l govt)
0 Weaker state government (strong nat’l govt)
0 Direct election of officials
0 Indirect election of officials
0 Shorter office terms
0 Longer office terms
0 Rule by common man
0 Government by elite
0 Strengthened protections for individual
liberties (wanted Bill of Rights in the
Constitution like those of many states)
0 Expected few violations of individual
liberties (Bill of Rights not necessary)
The Difficult Road to Ratification
 The Federalist Papers
• Collaborative writing of Hamilton, Jay, and Madison (Publius)
• Series of 85 essays defending the Constitution and republican form
of government
• Considered the best work on American political theory
 Anti-Federalist view
• Such patriots as Samuel Adams and Patrick Henry
• Const. a document written by aristocrats, for aristocrats
• Would create an overbearing & overburdening central govt hostile
to personal freedoms
• Wanted a list of guaranteed liberties, or a bill of rights
• Decried the weakened power of the states
Federalists and Anti-Federalists
The Federalists were people who supported ratification of the Constitution.
The Anti-Federalists were people who opposed it.
Below are arguments made by the Anti-Federalists against the Constitution. Under each one, explain in your
own words how the Federalists countered this concern.
1. The national government would have too much power at
the expense of the states.
2. There would be no protection of the individual rights of
citizens against the government.
3. Congress could do anything with the Necessary and
Proper Clause.
4. The president would be similar to a king.
My construction of the Constitution is…that each department
is truly independent of the others and has an equal right to
decide for itself what is the meaning of the Constitution in the
cases submitted to its actions; and especially where it is to act
ultimately and without appeal.
Thomas Jefferson - 1819
Principles of the Constitution
1. Consent of the government
2. Republicanism (a country where people elect
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representatives)
Separation of powers
Checks and balances
Judicial Review
Federalism
Judicial Review
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3.
Thomas Jefferson, a member of the Republican Party, won the election of
1800. Before Jefferson took office, John Adams, the outgoing President who
was a Federalist, quickly appointed 58 members of his own party to fill
government jobs created by Congress. He did this because he wanted people
from his political party in office.
It was the responsibility of Adams' Secretary of State, John Marshall, to finish
the paperwork and give it to each of the newly appointed officials. Although
Marshall signed and sealed all of the papers, he failed to deliver 17 of them to
the appointees.
Marshall thought his successor would finish the job. But when Jefferson
became President, he told his new Secretary of State, James Madison, not to
deliver some of the papers. Those individuals couldn't take office until they
actually had their papers in hand.
Judicial Review
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Adams had appointed William Marbury to be justice of the peace of the
District of Columbia. Marbury was one of the last-minute appointees who did
not receive his papers. He sued Jefferson's Secretary of State, James Madison,
and asked the Supreme Court of the United States to issue a court order
requiring that Madison deliver his papers.
Marbury argued that he was entitled to the job and that the Judiciary Act of
1789 gave the Supreme Court power to order the Secretary of State
(Madison) to deliver the commission to Marbury.
When the case Marbury v. Madison came before the Court, John Marshall —
the person who had failed to deliver the commission in the first place — was
the new Chief Justice. The Court had to decide whether Marbury was entitled
to his job, and if so, whether the Judiciary Act of 1789 gave the Court the
authority it needed to force the Secretary of State to appoint Marbury to his
position.
3. Thomas
Jefferson
Judicial Review
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4.
Knowing that if he rules in favor Marbury, there is no way he can force
Jefferson and Madison to deliver the job to Marbury, John Marshall got clever.
He instead declared parts of the Judiciary Act of 1789 (the part that allow the
Supreme Court to order government official to do something)
UNCONSTITUTIONAL!
By doing so, John Marshall created the power of JUDICIAL REVIEW for the
Supreme Court that wasn’t in the Constitution. Judicial review today is a
powerful concept in American Constitution and became part of the checks
and balances that the founders never gave the Court in the beginning.
Therefore, from the case of Marbury v. Madison (1803), the Supreme Court
created the concept of JUDICIAL REVIEW – it has the power to review all
laws in the nation to ensure they are constitutional.