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Lecture 2: Confederation or Union?. The Constitutional Convention. Colonists’ ideas about government: Independence “benign neglect” Religious freedom Equality Democracy Union The Bill of Rights Opposition to monarchy. The Constitutional Convention. Growth of the nation:
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The Constitutional Convention • Colonists’ ideas about government: • Independence • “benign neglect” • Religious freedom • Equality • Democracy • Union • The Bill of Rights • Opposition to monarchy
The Constitutional Convention • Growth of the nation: • 1607 (Jamestown): 210 • 1630 (Plymouth): 2,500 • 1650: 28,000 • 1690: 214,000 • 1750: 1.2 mil • 1780: 2.8 mil
The Constitutional Convention • Who were these men? • Well educated, well read – The Age of Reason • Madison, “Father of the Constitution” • Washington • Witherspoon’s influence • They were men
The Constitutional Convention • Compromises reached: • Bicameral legislature • Division of powers: 3 branches of govt. • Electing the President • Senators • 3/5 Compromise
The Constitutional Convention • Hamilton’s proposal • President for life • “The people begin to be tired of an excess of democracy…”
The Constitution • “We the People of the United States, in Order to form a more perfect Union, establish justice, insure domestic Tranquility, provide for the common defence, promote the general welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish the Constitution of the United States of America.”
The Great Debate • The Federalist Papers • Foundations of the argument: • Classical Republicanism (the Roman model) • Aristocratic • Montesquieu, The Spirit of the Laws (1748) • Democratic • Small, manageable states • Homogeneous
The Great Debate • Anti-Federalists: • Govt. secure rights and liberties • Government = necessary evil • Constitution threatens rights
The Great Debate: National defense • The Federalists: • U.S. must observe international law • Foreign powers less likely to attack • Government unlimited power to tax • Current govt. is inadequate • ALL confederacies end in death • Anti-Federalist response: • Isolated position • State militias • Fear of peacetime standing army • Federalists are power-hungry
The Great Debate: National defense • The Federalist rebuttal: • Anti-Feds. underestimate importance • Local militias inadequate • Anti-Feds. plan will lead to destruction • Anti-Federalist response: • Too much emphasis on national security at the expense of individual liberty
The Great Debate: Checks & Balances • The Anti-Federalist argument: • The states must have enough power to check the national government • The Federalist response (Fed. 9 & 10): • Attack classical republican model • Not small, local democracies • Massive national republic • Factions • The “tyranny of the majority”
The Great Debate: Representation • The Anti-Federalist argument: • As much direct participation as possible • The Federalist response: • Government by a capable, virtuous few • Anti-Feds: • Distrustful and suspicious of elected officials • Feds: • Distrustful and suspicious of the masses
The Great Debate: Legislative Branch • The Anti-Federalist argument: • The House of Reps., elected by the people, should be sufficient • Elected annually • More representatives, fewer constituents • The Federalist response: • House needs counter-balance (Senate) • Biannual elections sufficient • More reps = mob • It is the House that needs to be checked
The Great Debate: Separation of Powers • The Anti-Federalist argument: • Too much overlap • The Federalist response: • Overlap is necessary for the branches to control (check) each other • Madison on the Senate: • Limited in number • Distinguished and experienced • The Anti-Federalist response: • Senate = too aristocratic
The Great Debate: Separation of Powers • The Anti-Federalists on the presidency: • Too much like a monarch • Propose a small executive council • The Federalist response: • Need to have power in one person • The Anti-Federalists on the judiciary: • Weakens other courts • Undemocratic • The Federalist response: • Not too powerful • Must be uniquely qualified
The Bill of Rights • Victory for the Anti-Federalists? • What did the Anti-Federalists want? • Distrust of government • Federalists: why no Bill of Rights? • Not necessary • Risky • The Anti-Federalist response: • Anchor for the citizenry • Foundation for judicial consideration • Include a cautionary statement • Were the Anti-Federalists right?