Notes
Slide Show
Outline
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"The Constitution"
  • The Constitution
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Shays’ Rebellion (1786)
  • Economic problems of farmers after War
  • Taxes / debts led to foreclosure
  • Massachusetts farmers took up arms to stop courts from taking their land
  • Farmers / Captain Daniel Shays fought militia
  • Soldiers from Boston easily defeated rebels
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After Shays’ Rebellion
  • Shay's Rebellion increased fears of ineffective state governments
  • Call went out to meet in Philadelphia
    Delegates to Philadelphia (Convention only to revise the Articles)
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Practices of Revolutionary Era
  • Conflicts over meaning of democracy / liberty
  • Revolution to preserve existing way of life
  • Traditional rights of life, liberty, and property threatened by British
  • Revolution inspired by concern for liberty / love for popular sovereignty
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Revolutionary Era
    • Liberty — preservation of traditional rights from government intrusions
    • Final authority - belongs to the people
    • Political equality — each person carries the same weight

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Prelude to Declaration
  • 2nd Continental Congress (5/1775) not originally about independence
  • Spring, 1776 - independence had become prime objective
  • Declaration of Independence unanimously adopted by Congress on July 4, 1776
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Jefferson’s Contributions
  • Declaration of Independence primarily the work of Jefferson
  • Jefferson’s ideas are so familiar today / revolutionary at the time / importance overlooked today
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Keys to Declaration
  • Legitimate government:
  • Established by the people
    Governs with consent of the people
  • Humans have “natural” rights:
  • Cannot be given / taken away by govt.
  • People create government to protect these rights
  • People can withdraw from government and create a new one if government fails to protect rights or threatens them
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Omissions in the Declaration
  • Did not end slavery
  • Said nothing about:
    Status of women
    Native Americans
    Free Blacks
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Early State Constitutions
  • 1783 – At end of War for Independence, 11 colonies already had governments
  • Each state had written constitutions
  • State Constitutions had:
    • Bills of rights
    • Limits on Executive powers
    • Restrictions on right to vote / holding office
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Articles of Confederation
  • Provisions
    • A loose confederation of independent states
    • Weak central government
  • Problems
    • National defense
    • Inability to defend national interests in foreign affairs
    • Commercial warfare among the states
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Toward Constitutional Convention
  • Concern about democratizing and egalitarian tendencies (King George)
  • Republican beliefs of the Founders
    • Framers more concerned with representation than democracy (republicanism)
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Why Founders Worried
  • Revolution became more democratic as more common people involved
  • Mid-1780s – restrictions established to limit actions of state legislatures
  • Pennsylvania replaced property ownership as a requirement to vote with a poll tax (more people could vote)
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Threat to Property Rights
  • Right to own property in danger in the 1770s and 1780s
  • Popular opinion favored property rights (sympathized with the farmers)
  • Shays’ Rebellion a wake-up call for  American leaders
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Constitutional Convention
  • By 1787 - leaders realized that the new nation was failing
  • Delegates to the Constitutional Convention
    • Wealthy / male / educated / young
    • politically experienced
    • Familiar with Western philosophy / political science


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Framers Intentions
  • Framers - a complex mixture of motives (religious / commercial / nationalistic
  • Historian Charles Beard - framers conspired to protect their own economic interests.
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Consensus Among Delegates
  • Concerned that strong national government is potentially tyrannical
  • Believed that government should be protected from special interests
  • Belief in a republican (representative) form of government



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Framers Concerns
  • Representation of the states in the legislature
  • Status of slavery
  • Selection of the president
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Compromises
  • Representation — conflict about power of large v small states
    • Virginia Plan
    • New Jersey Plan
    • Great Compromise (Connecticut Compromise)
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Slave References
  • Several references (not mentioned by name)


    • Three-fifths Compromise
    • No importation of slaves after 20 years (1808)
    • Return of runaway slaves
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What Framers Created
  • Present-day government defined by document written in 1787
  • Only 27 formal amendments have been added in more than 200 years
  • Republican Government
      • Popular consent / popular participation, barriers on majoritarian democracy (too much popular democracy)
      • Limits powers of government in order to prevent tyranny

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Federalism
(Division of Powers)
    • Strong central government
    • Supremacy clause (Article VI, Section 2)
    • Important powers assigned to the national government
    • Elastic clause  (Article I)
    • States remain part of the federal system
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Limited Government
    • Specific powers given to national government (Article I, Section 8)
    • Specific powers denied to states (Article I, Section 9)
    • Bill of Rights restrains national government by protecting fundamental rights of states

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Checks on Majority Rule
    • People rule indirectly
    • Bicameral legislature
    • Varying terms of office
    • Indirect election of the president and Senate (changed by 17th Amendment)
    • Presidential appointment of judges / confirmation by Senate
    • Cumbersome amendment process

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Separation of Powers
Checks and Balances
    • During American Revolution - leaders worried about misrule by executives and judges
    • Framers afraid of legislative tyranny

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Separation of Powers
    • Executive, legislative, and judicial powers, placed into different branches
    • Branches have powers to check one another / delegated / shared powers
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Free Enterprise Economy
    • Framers concerned that too much “democratic order” would threaten private ownership of property
    • Added Constitutional protections for property rights
    • Framers encouraged a free enterprise economy

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Ratification of Constitution
  • Ratification of new Constitution was difficult (Delegates supposed to only modify Articles)
  • Federalists — favored ratification
  • Anti-Federalists — opposed ratification
    • (Federalist’s Papers and Promise of a Bill of Rights required to ratify)
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Changing Constitution and American Politics
  • Constitution - the rule book to govern
  • Constitutional rules
    • Apportion power among branches
    • Defines relationships between institutions
    • Specifies how individuals selected for office
    • Defines how the rules may be changed
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Changing Constitution

  • A Living Constitution - can change with the times