The American System

1. The American System The Constitution: Chapter 2

2. 1. Independent Judiciary 2. No Quartering Troops in Private Homes 3. Freedom of Trade Traditional Liberties

3. No Taxation without Representation Loss of Trust in English Law Protecting Colonial Rights and Liberties Traditional Liberties

4. GREED CORRUPTION POWER AMBITION The Colonial Mindset

5. RIGHTS Natural Law Natural Rights LIFE LIBERTY PROPERTY Pursuit of Happiness Colonial Mindset

6. The Declaration of Independence

7. Government Based on the Consent of the Governed Limits on Government by a Written Constitution Desires of the Revolution

8. Dominant Branch The Only Branch (Partially) Elected by the People Desires of the Revolution

9. Could not raise revenue via taxes • Could not control commerce • Between states • International • The United States was NOT sovereign • Each state was sovereign • The central government was subordinate to the states Problems of The Articles of Confederation

10. Voting Rules • One for each state – no matter how populated • 9 out of the 13 (~70%) for basic laws • 13 out of the 13 (100%) for any amendments • Selection of Delegates • By state legislatures • NOT by the people! Problems of The Articles of Confederation

11. Tiny National Army • State Militias • Conflict between States Yankee -Pennamite Wars Resolved: 1799 Virginia-Pennsylvania Border Disputes Land Reorganized: 1788 Problems of The Articles of Confederation

12. Fix The Articles Can’t be Fixed Scrap Them! Not what the convention was called to do A power grab? Revolution? The Constitutional Convention

13. A Balancing Act! STRENGTH to preserve ORDER WEAKNESS to preserve LIBERTY The Constitutional Convention

14. The Constitutional Convention

15. The Great Compromise • The Connecticut Plan • House of Representatives • Based on Population • Large state plan • The Senate • Based on equal state vote • Two per state • Small state plan The Constitutional Convention

16. The nation is too big for PURE democracy Beware popular passions A REPUBLIC would be better! The Constitutional Convention

17. Reign in the Masses • Senate = elected by state legislators • President = elected by electors • Bicameral Legislature eases (placates?) public tensions • House allows for popular sovereignty while • Senate allows for control • Judicial Review • Later established • Rule of Law, not knee jerk reactions of the people • Slow Legislative Process = THINK TIME • Laws • Amendments The Constitutional Convention

18. How to keep the government from getting too strong? Separation of Powers Federalism + with checks and balances! The Constitutional Convention

19. Powers • Enumerated • National Government ONLY • CLEARLY stated in The Constitution • Reserved • State Governments ONLY • If not given to the National Government, it’s the State Governments’ responsibilities • 10th Amendment • Concurrent • Shared between states and national governments The Constitutional Convention

20. Ratification • By state conventions • Only need 9 states to ratify • ILLEGAL! • Articles of Confederation was still the supreme law of the national government • Articles of Confederation call for ALL states to ratify The Constitutional Convention

21. For the cause of LIBERTY! • Did this document provide enough protection? • Anti-Federalists • Small republics ALONE can secure individual liberties • History shows that strong central governments attack individual liberties • Federalists • Large extended republics COULD secure liberties • They create coalitions from all over • Link diverse interests for short periods • Alliances will shift based on topics • Distances power from the passions of the people The Ratification Debate

22. Let’s put in a BILL OF RIGHTS! • NO • Rights are in the Constitution • States have their own bills of rights • The government can not do more than what is IN the Constitution • YES • Anti-Federalists are demanding it • No Bill; No Constitution! The Ratification Debate

23. Slavery • Only mentioned THREE TIMES • Counting Population • For Representatives in the House • 3/5 Compromise • Slave trade guaranteed until 1808 (at least) • Fugitive Slave Clause • If not included • South would not have ratified • The Constitution would be D.O.A. • Civil War is inevitable The Ratification Debate

24. At the CONVENTION • Economic Interests • Diverse backgrounds of Founding Fathers • Farmers • Merchants • No evidence of personal interests in final document • State interests outweighed personal interests • Slave holders • The exception to the rule • Protect slavery • Minimize federal interference with the practice Motives of our Founding Fathers

25. At the STATE CONVENTIONS • Much greater role • Pro-ratification • Merchants • Urban • Large western land holders • Those owed money by the government • Non-slave holders • Anti-ratification • Farmers • Slave holders • Those not owed money by the government Motives of our Founding Fathers

26. The government is TOO WEAK to protect social equality • Modern view • Cannot resist pressures of special interests • Monday Morning Quarterbacking • Founders’ goal • Concerned with POLITICAL equality • Less concerned about ECONOMIC equality The Constitution and Equality

27. Strengthen Office of the President While Making It MORE Accountable to the Voters • Allow Congressmen in Cabinet • Allow President to Dissolve Congress and Call for Special Elections • Allow Congress to Call for Special Presidential Recall Election • Require President and Congressmen to Run as a Team in Each District • Extend Presidential Term • 6 years • No Re-election • Extend Representative Terms to Match Presidential Term (Sounds more like a parliamentarian system rather than like a presidential system to me) Reform Movements

28. Reducing Separation of Powers • Urgent problems • Too long to solve • Subject to gridlock” • Executive agencies are too exposed to Legislative meddling! • PROBLEM: No way to tell if reform will be better or worse than what we have now! Reform Movements