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PURPOSES of a CONSTITUTION Serves as a nation’s basic law Allocates power within government Structures competition among participants influencing government - May be written or unwritten May be an accumulation of traditions & precedents .
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PURPOSES of a CONSTITUTION Serves as a nation’s basic law Allocates power within government Structures competition among participants influencing government - May be written or unwritten May be an accumulation of traditions & precedents AP U.S. GOVERNMENT & POLITICS – The Constitution
ARTICLES of CONFEDERATION: CONSTITUTION THAT FAILED Adopted 1777, Enacted 1781 Established a national legislature and a Confederation of states (a “league of friendship”) However, there were many problems AP U.S. GOVERNMENT & POLITICS – The Constitution
Guess the ARTICLES of CONFEDERATION: CONSTITUTION THAT FAILED BUT . . . Before we get into the problems . . . It’s time for States AP U.S. GOVERNMENT & POLITICS – The Constitution
New Hampshire Connecticut New Jersey South Carolina Delaware New York Georgia Guess the States North Carolina Maryland Pennsylvania Virginia Massachusetts Rhode Island AP U.S. GOVERNMENT & POLITICS – The Constitution
ARTICLES of CONFEDERATION: CONSTITUTION THAT FAILED Problems (Weaknesses) included: No separate president No national court system Powers of the legislature very limited Required 9 of 13 states to pass laws Required unanimous vote to amend AP U.S. GOVERNMENT & POLITICS – The Constitution
ARTICLES of CONFEDERATION: CONSTITUTION THAT FAILED Weaknesses also included: Congress had no power to tax Had to request money from states (beg?) No power to regulate commerce . . . which inhibited foreign trade and development of a strong national economy AP U.S. GOVERNMENT & POLITICS – The Constitution
ARTICLES of CONFEDERATION: CONSTITUTION THAT FAILED Essentially, it failed because it created a WIMPY NATIONAL GOVERNMENT AP U.S. GOVERNMENT & POLITICS – The Constitution
FRAMERS TO THE RESCUE? Thomas Jefferson believed - Articles just needed patching - Mainly in foreign affairs - All domestic policy should remain under power of states AP U.S. GOVERNMENT & POLITICS – The Constitution
FRAMERS TO THE RESCUE? Othersbelieved the Articles were beyond repair and should be replaced. James Madison Concluded that throughout history all weak political alliances had eventually dissolved because of refusal to have a central power AP U.S. GOVERNMENT & POLITICS – The Constitution
FRAMERS TO THE RESCUE? Patrick Henry Believed that a strong central government would jeopardize self-government and liberty. He refused to take part in the Constitutional Convention in 1787, stating that he “smelt a rat in Philadelphia, tending toward the monarchy”. AP U.S. GOVERNMENT & POLITICS – The Constitution
FRAMERS TO THE RESCUE? George Washington I do not conceive we can exist long as a nation, without having lodged somewhere a power which will pervade the whole Union in as energetic a manner, as the authority of the different state governments extends over the states. AP U.S. GOVERNMENT & POLITICS – The Constitution
THE CONSTITUTIONAL CONVENTION in PHILADELPHIA 55 People Participated . . . Who were they? Thomas Jefferson said they were: “an assembly of demigods”. James McGregor Burns, a famous historian, said they were: “the well-bred, the well-fed, the well-read, and the well-wed”. AP U.S. GOVERNMENT & POLITICS – The Constitution
THE CONSTITUTIONAL CONVENTION in PHILADELPHIA Who were they? Mostly fairly wealthy planters or successful merchants and lawyers - Majority . . . Lawyers - Many active politicians in their states - Most urban dwellers rather than rural - Most college educated AP U.S. GOVERNMENT & POLITICS – The Constitution
THE CONSTITUTIONAL CONVENTION in PHILADELPHIA Who were they? And, of course, given the year 1787 . . . they were all WHITE MEN AP U.S. GOVERNMENT & POLITICS – The Constitution
ANOTHER POINT OF VIEW Abigail Adams, in a letter to her husband, John Adams: ...remember the ladies, and be more generous and favorable to them than your ancestors. Do not put such unlimited power into the hands of the Husbands. Remember all Men would be tyrants if they could. AP U.S. GOVERNMENT & POLITICS – The Constitution
VIEWS OF THE FRAMERS They generally agreed about Human nature Causes of political conflict Purpose of government Nature of a republican government Note: “republican” basically means The People control the government AP U.S. GOVERNMENT & POLITICS – The Constitution
VIEWS OF THE FRAMERS There are two passions which have a powerful influence on the affairs of men: the love of power and the love of money. ~ Ben Franklin AP U.S. GOVERNMENT & POLITICS – The Constitution
VIEWS OF THE FRAMERS Without a strong government, life would potentially be “solitary, poor, nasty, brutish & short”. AP U.S. GOVERNMENT & POLITICS – The Constitution
The preservation of property is the end of government! VIEWS OF THE FRAMERS Above all, the ideas of ~ John Locke Natural Rights ! AP U.S. GOVERNMENT & POLITICS – The Constitution
VIEWS OF THE FRAMERS Probably the most important framer? As there is a degree of depravity in mankind which requires a certain degree of circumspection and distrust, so there are other qualities in human nature which justify a certain portion of esteem and confidence. ~ Madison AP U.S. GOVERNMENT & POLITICS – The Constitution
VIEWS OF THE FRAMERS What is government but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls of government would be necessary. ~ Madison AP U.S. GOVERNMENT & POLITICS – The Constitution
CONCERNS About Political Conflict Madison was particularly concerned about FACTIONS Especially the potential for tyranny by one group over others. AP U.S. GOVERNMENT & POLITICS – The Constitution
CONCERNS FACTIONS According to Madison: The most common and durable source of factions has been the various and unequal distribution of property. AP U.S. GOVERNMENT & POLITICS – The Constitution
CONCERNS FACTIONS Could also arise from: Religion Views about government Attachment to various leaders AP U.S. GOVERNMENT & POLITICS – The Constitution
CONCERNS Some were worried about “The People” Said that the masses were “a great beast” ~ Alexander Hamilton AP U.S. GOVERNMENT & POLITICS – The Constitution
CONCERNS Some were worried about “The People” Described “the rabble” as A motley rabble of saucy boys, negroes, and molattoes, Irish teagues and outlandish jack tarrs! Mr. Kelly? ~ John Adams AP U.S. GOVERNMENT & POLITICS – The Constitution