Why the Constitution?

1. Why the Constitution?

2. Begin with the Declaration The Declaration is the Birth Certificate of the nation. The right of the people to alter or abolish a government that tries to become destructive of the natural rights of man.

3. From Locke, directly The Declaration is taken almost directly from John Locke’s political theory. The Declaration is eloquent, and spells out the “the right to life, liberty and the pursuit of happiness” far better than the constitution.

4. The Declaration as Social Contract The Declaration was a severing of the bond between the English Constitution and the American Colonies. According to the writers, the King had disregarded the Constitution, therefore the social contract between the colonies and the monarchy was already broken.

5. A new social contract The Declaration made a new social contract: government derived from the people- just like the state constitutions laid out.

6. A Manifesto The Declaration is a manifesto of a political idea. It has been used to prove a point both in American and the world over: if the ruling government breaks the social contract, abolish it and make a new one.

7. Manifesto Compare the Declaration to the Communist Manifesto. ?....! Both aimed for the same thing: translating a political theory into a political reality.

8. Comparison Both were aimed against the tyranny of the ruling classes Both promised equality Both advocated a government derived from the people

9. The Same? Do both documents have the same spirit? Agree? Disagree?

10. Treasure?

11. On to the Constitution

12. The Constitution as Revolutionary The Constitution was a revolutionary document in every sense of the word. Some contend that the period between 1763 and 1803 was the greatest era in constitutionalism in western history.

13. The Constitution as Document Unlike the English constitution, the 1787 American constitution was a unitary document. It set down the by-laws of the big Club known as the US.

14. Building on the Articles The Articles of Confederation had created a strong national government. Make no mistake, the Articles are just a revolutionary in how they structured the national government during the revolution.

15. Then why did they get replaced? While many bits where up to the Continental Government (foreign affairs, diplomacy, raising an army, etc..) Much more was left up to the states.

16. The States The important powers of taxation and commercial regulation were left to the states. And all final law making authority. Congressional resolutions were merely recommendations to the states to enforce.

17. State’s Rights! The States were the be all, end all of Government. All states were equal in representation as well.

18. After the War After the War America was expanding exponentially in size and wealth. The general mood, according to Jefferson was “optimistic and expectant”

19. Two Reform Movements Two problems and two distinct reform movements led to the 1787 Convention: The first was national power, the second was with the states themselves. The reform movements for each pushed toward the 1787 convention.

20. National Problems Popular Liberty gives way to authority and stability Replaced committees running the Departments of War, Foreign Affairs and Finance with individuals.

21. National Problems Strengthen the regular army Make the states contribute to the national treasury in gold and silver Create a national bank to make federal bonds more secure for investors.

22. To help this along… The Articles needed to be amended so the Federal Government could levy a 5% duty on imports. This failed as the states did not want the federal government having this much power.

23. Lack of power internationally The Confederation was lacking power to deal with international commerce. No money to raise a navy and no money to pay the barbary corsairs ransom monies for the safety of American shipping.

24. The revision The need for a 9 state majority in any decision proved a problem in ANY international dealings. The states had too much power individually to alter and negate agreements. This hobbled the new nation.

25. State Political Problems The Revolutionaries had placed great faith in the states in 1776. The states held enormous power and the individual state constitutions gave state legislatures wide berth in how business was conducted.

26. More Problems The legislatures were elected annually and this rapid turnover made lawmaking seem quite chaotic. Shifting factions helped to see new laws enacted that, as Madison would say, “destroyed the aggregate interests of the community”.

27. States---- Tyranny Many thought that this was a gateway to tyranny within the state governments. Abuses of power came with the concentration of power within state legislatures.

28. Shay’s Rebellion All this issues came to a head when 2,000 debtor farmers, many veterans of the American Revolution, broke out in revolution when their farms and properties were threatened with foreclosure.

29. The Grievances 1st: The present expensive mode of collecting debts, which by the reason of the great scarcity of cash, will be necessity fill our gaols with unhappy debtors, and thereby render a reputable body of people incapable of being serviceable either to themselves or the community.

30. 2d. The monies raised by impost and excise being appropriated to discharge the interest of governmental securities, and not the foreign debt, when these securities are not subject to taxation.

31. 3d. A suspension of the Writ of Habeas Corpus, by which those persons who have stepped forth to assert and maintain the rights of the people, are liable to be the taken, and conveyed even to the most distant part of the commonwealth, and thereby subject to an unjust punishment.

32. 4th. The unlimited power granted to Justices of the Peace, Serriffs, Deputy-Serriffs and Constables, by the Riot Act, indemnifying them in the prosecution thereof, when perhaps wholly actuated from a principle of revenge, hatred and envy.

33. 5th. _ _ be assured, that this body now at arms, dispite the idea of being initiated by British emissaries, which is to strenuously propagated by the enemies of our liberties: We also with the most proper and speedy measures may be taken to discharge both our foreign and domestic debt. Per Order,DANIEL GRAY, Chairman of a Com. for the above purpose.

34. Sound Familiar? The armed uprising was a failure, but the sympathizers had a victory at the polls. Debtor relief legislation was enacted This added to the fears of legislative tyranny.

35. Something needs to be Done Something needs to be done! As these two wide problems converged, the 1787 Convention was called, in part, to deal with them….