Constitutional Underpinnings

Constitutional Underpinnings Advanced Placement United States Government & Politics

Influence of the European Enlightenment • Came out of the Scientific Revolution (16th & 17th Centuries) • Success created confidence in the power of reason • Enlightenment thinkers believed reason could be applied to human nature in the form of natural laws • Every social, political, & economic problem could be solved through the use of reason

The Social Contract Theory • John Locke – English philosopher • Believed that in the “state of nature” people are naturally free and equal • Argued that freedom led to inequality and eventually chaos

Locke argued that people have natural rights from the state of nature that include the right to “life, liberty, and property” • Second Treatise of Government • State that people form governments to protect natural rights • Give up their freedom to govern themselves through a social contract between the government and the governed

The only valid government is one based on the consent of the governed • This consent creates a social contract – an agreement between rulers and citizens • For any reason the government breaks the contract through neglect of natural rights, the people have the right to dissolve the government

Locke & the D.O.I. • John Locke directly influenced the thinking of the founders, as reflected in the Declaration of Independence

The Constitution • The Constitution reflects the founders’ attempt to balance order with liberty • It is based on 5 great principles designed to achieve balance: • Popular Sovereignty • Separation of Powers • Checks & Balances • Limited Government • Federalism

Background to the Convention • Continental Congress wrote the Articles of Confederation during the Revolutionary War • Wanted to provide unity for the separate states that loosely formed the new country

The Articles of Confederation • It allowed state governments to retain their powers • Newly formed central government had severe limitations

Limitations under the Articles • Federal government consisted only of a Congress – each state equally represented • No executive or judicial branches • Could not levy taxes – only request money from the states • Could not regulate commerce between the states • States taxed each other’s goods and negotiated trade agreements with other countries

No law enforcing powers were granted to Congress • Unanimous vote for amending the Articles was required • States retained all powers not specifically granted to Congress • 9 of 13 states were necessary to pass legislation

Shay’s Rebellion • Farmers in western Massachusetts rebelled against property foreclosures • They were in debt and unable to pay taxes • Forced judges out of court and freed debtors from jails • Encouraged leaders to seek a stronger federal government

Constitutional Convention • 55 delegates from 12 states • May 1787 • Most were well-educated, wealthy men • Famous delegates: • Alexander Hamilton – leading Federalist • George Washington – chair of Convention, Federalist • James Madison – credited with writing large part of Constitution • Benjamin Franklin

Agreements/Compromises • Founders had a common belief in a balanced government • Wanted to construct a government where no single interest dominated • They agreed with Locke that government should protect property • Most delegates believed that only white, property owners should have the right to vote

Large states favored a strong, central government • Small states wanted stronger state governments • Most delegates favored a bicameral (two-house) legislature

The Virginia Plan • Called for a strong central government • Work by Federalists, such as Madison and Hamilton • Plan proposed by James Randolph • It called for a bicameral legislature • Representation in both houses was to be based on population • Larger states would have the majority • Also called for a national executive and a national judiciary

The New Jersey Plan • Proposed by delegates from the smaller states • Presented by William Paterson • Legislature would be unicameral (having only one house) • Each state would have the same number of votes – equal representation

The Great Compromise • Also known as the “Connecticut Compromise” • Called for a bicameral legislature • Senate – would have votes based on equal representation (NJ Plan) • Representatives would be chosen by state legislatures • House of Representatives – votes based on population (VA Plan) • Directly elected by the people • Voter eligibility determined by the states

Three-Fifths Compromise • There was a North/South disagreement regarding the counting of slaves for purposes of apportioning seats in the House • South - wanted to count slaves in order to increase their numbers • North – resisted the South’s efforts • Compromise • Allowed Southern states to count a slave as 3/5 of a person, allowing a balance of power between the North and South

Presidential Selection Compromise • Selection of President would be up to an electoral college • People selected by each state legislature to formally cast their ballots for the presidency

Signing the Constitution • All but 3 delegates signed the Constitution on September 17, 1787 • Drafting the Constitution took about 3 months • Document has lasted more than 200 years, making it the longest lasting Constitution in world history

Amending the Constitution • The Founders designed the amendment process to be difficult, preventing Congress from easily adding so many amendments • They wanted the original document to be meaningful

Formal Amendments • The Congress can be formally amended in 4 ways: • (1) Amendments may be proposed by a 2/3 vote of each house of Congress and ratified by at least ¾ of the state legislatures • All but 1 of the amendments have been added through this process.

(2) Amendments may be proposed by a 2/3 vote of each house of Congress and ratified by specially called conventions in at least ¾ of the states. • Method was only used 1 time – 21st Amendment that repealed prohibition • (3) Amendments may be proposed by a national constitutional convention requested by at least 2/3 of state legislatures and ratified by at least ¾ of the state legislatures • (4) Amendments may be proposed by a national constitutional convention and ratified by specially called conventions in at least ¾ of the states

The last 2 methods have never been used to amend the Constitution

Federalists vs. Anti-Federalists • There was debate over ratification of the Constitution between two major factions – the Federalists and Anti-Federalists

Federalists • Supporters of the Constitution • Favored a strong, centralized government • They believed the Constitution adequately protected individual liberties

Anti-Federalists • Opponents of the Anti-Federalists • Believed the proposed government would be oppressive • Also believed that individual freedoms and rights should be explicitly guaranteed

The Federalist Papers • Ratification of the Constitution was defended by the Federalist Papers • Written by James Madison, Alexander Hamilton, John Jay

Two most famous papers: • Federalist #10 • Argued that separation of powers and federalism check the growth of tyranny by factions • Each branch of government would keep the other two from gaining a concentration of power • Federalist #51 • Explained why a strong government is necessary

Compromise and Signing • A compromise and agreement was made between the 2 factions with the addition of a Bill of Rights (or 1st 10 amendments) • Guaranteed individual freedoms and rights • Ratification occurred in 1787 • All states agreed to the document • Bill of Rights officially added in 1791

Important Terms/Identifications • Anti-Federalists • Articles of Confederation • Bicameral Legislature • Bill of Rights • Checks and Balances • Consent of the Governed • Electoral College • European Enlightenment • Factions

Federalist Papers • Federalism • Federalists • Formal Amendment Process • The Great Compromise • Thomas Hobbes • Informal Amendment Process • Judicial Review • John Locke

Limited Government • Natural Rights • New Jersey Plan • Popular Sovereignty • Ratification • Second Treatise of Government • Separation of Powers • Shay’s Rebellion • Social Contract

“State of Nature” • Three-Fifths Compromise • Unicameral Legislature • Virginia Plan

Constitutional Underpinnings