9/26/09

Chapter 2 Outline

1) The Problem of Liberty

A) The Colonial Mind
1. Colonists felt that basic rights were not allowed when they were
under British rule; decide to split.
2. Declaration of Independence and Constitution replaces Articles of
Confederation and protect natural rights (life, liberty, property)
3. Unalienable- a human right based on nature or god
4. Colonists include complaints against King of England; but
Declaration contradicts itself on issues such as slavery.
B) The Real Revolution
1. War for Independence- not just war but movement for revolution.
2. Real Revolution- radical change in the principles, opinions,
sentiments, and affections of the people
3. Colonists wanted legitimate gov’t that would require consent of
governed. Power not exercised on tradition but as result of grant of
power in written constitution.
4. 1776- eight states adopt written constituions; more states follow.
However, very weak and didn’t know whether to make central gov’t
very strong or weak.
C) Weaknesses of the Confederation
1. Articles of Confederation (1781)- “league of friendship”
2. Weak b/c it could not levy taxes or regulate commerce. Each state
voted on its own policies.
3. Central gov’t had virtually no power; couldn’t amend Articles b/c all
13 states had to agree.
4. Maryland 1785 meeting unsuccessful; Philadelphia 1787 meeting
successful (produces new Constitution)

2) The Constitutional Convention

A) The Lessons of Experience
1. James Madison spends most of 1786 studying other gov’t and
determining what would work. Creates Federalist papers – beacon
lights for new gov’t. Confederacies were too weak to govern and
collapsed, and stronger gov’t’s were so powerful that they trampled
citizens’ rights.
B) State Constitutions
1. Problems of Articles of Confederation evident in American States
(i.e. Philadelphia and Mass.)
2. Philadelphia too democratic and all power given to one house
legistlature.
2. Mass had a good model gov’t for separation of powers. (Elected
governor could veto acts of legislature, judges also balanced power).
C) Shay’s Rebellion
 1. 1787- Daniel Shay leads group of ex-Revolutionary War soldiers
plagued by debt and high taxes to forcibly prevent courts in western
Mass from sitting.
2. Gov’t could not help Mass due to lack of $ and man power.
D) The Framers
1. Although Philadelphia Convention was made for a revision of
Articles, it actually produced a whole new written constitution.
2. Many debates on what should be put into constitution.
3. Framers “writers/creators” of the Constitution agreed to protect
natural rights
4. Agree that gov’t should not threaten one’s libterties and therefore
should be limited.
5. Problem- how strong/weak should gov’t be? Did not want
aristocracy.
3) The Challenge
A) The Virginia Plan
1. Virginia Plan called for strong national union organized into three
gov’t branches (legist., exec., jud.) Needed to determined how to
design true national gov’t.
2. Original concept:
a) Legislative: composed of 2 houses: elected by the people,
and the other chosen by the first house among people
nominated by state legislatures.
b) Executive: chosen by national legislature.
c) Judiciary: could veto acts of legislature.
3. National legislature would have supreme power (veto state laws)
4. At least one legislature would be elected directly by the people.
B) The New Jersey Plan
1. Small states feared that new constitution would be written so
states would be represented by population. New Jersey Plan wanted
weak enough national gov’t in order to keep the interests of the
smaller states and weaken the power of Congress.
2. Wanted each state to have one vote. Almost became framework for
new constitution.
3. Majority decided that stronger national gov’t was needed so
Virginia Plan go more votes. .
C) The Compromise
1. Great Compromise (Connecticut compromise)
Great Compromise:
(1)A House of Reps consisting of 65 members were
apportioned among the states on the basis of the
population. Elected by people.
(2)A senate consisting of 2 senators from each state were
chosen by the state legislatures.
2. The convention agreed to 4-year limit for Presidents and allowing
the President to pick the
3. Supreme Court justices create first draft of Constitution.
4) The Constitution and Democracy
1. Debate over whether Constitution created democratic gov’t. Framers
feared that having everyone participate in gov’t would make it insecure.
a) wanted Republic - a gov’t in which elected representatives make
the decisions.
2. Judicial Review- the power of the Supreme Court can declare laws
unconstitutional.
3. An Amendment can be proposed by 2/3 of vote of both houses of
Congress OR by a national convention called by Congress at the request of
2/3 of the states.
4. Amendments need to be ratified by ¾ of the state.
5. Did create democracy b/c gov’t based on popular consent.
A) Key Principles
1. American version of representative gov’t based on two major
principles: separation of powers and federalism.
2. Federalism= gov’t authority shared by national and state
governments.
(1)ENUMERATED POWERS: power given to national gov’t.
(2) RESERVED POWERS: power given to the states
(3) CONCURRENT POWERS: Powers shared by both the national
and state gov’ts.
2. Checks and Balances= authority shared by 3 branches of gov’t.
B) Government and Human Nature
1. Separation of powers: Constitutional authority is shared by 3
different branches of gov’t.
2. Faction: A group with a distinct political interest.
3. Kept in mind that one faction could become too powerful so
separation of power created.

5) The Constitution and Liberty

1. Federalists – wanted strong national government; wanted
ratification of Constitution
2. Antifederalits wanted weaker national government; didn’t want
ratification of Constitution
A) The Antifederalist View
1. Antifederalists would only allow the Constitution to be ratified
if there were more restrictions on the federal government = Bill
of Rights
2. Coalition = an alliance of factions.
3. Original Bill of Rights:
o Writ of habeas corpus = an order to produce an arrested
person before a judge. (You cannot be detained unless it
is approved in court).
o No bill of attainder may be passed by Congress or the
states. (Bill of attainder = a law that declares a person,
without a trial, to be guilty of a crime).
 o No ex post facto law may be passed by Congress or the
states. (Ex post facto = A law that makes an act criminal
although the act was legal when it was committed).
o Right of trial by jury in criminal cases is guaranteed.
o The Citizens of each state are entitled to the privileges
and immunities of the citizens of every other state.
o No religious test or qualification for holding federal office
is imposed.
o No law impairing the obligation of contracts may be
passed by the states.
B) Need for a Bill of Rights
1. All 13 states ratified after a Bill of Rights was added. (1790).
2. Did not limit power of state gov’t over citizens, only power of
federal gov’t.
C) The Constitution and Slavery
1. Black slaves made up 1/3 of the population in most states; not
mentioned in Constitution
2. After U.S. independence, slaves in northern states were free + the
slave trade ended in the north; still heavily practiced in south
3. Slavery wasn’t mentioned in the Constitution is because the
southern states would never ratify the Constitution if it banned
slavery.
4. Slaves made up large population in south. Southerners wanted
slaves to be counted in population. The convention prohibited the
import of slaves in 1808.

6) The Motives of the Framers

A) Economic Interests at the Convention
1. Charles Beard- An Economic Interpretation of the Constitution-
argued that rich urban-class Framers of the Constitution supported it
because they would benefit from it.
2. Framers tended to vote according to how the state where they
were from would benefit.
B) Economic Interests and Ratification
1. Economic factors play large role in popularly elected state ratifying
conventions
C) The Constitution and Equality
1. Today, people argue that the Constitution is weak b/c it allows the
federal gov’t to fall to pressures of special interests that make social
inequality.

7) Constitutional Reform: Modern Views

A) Reducing the Separation of Powers
1. Separation of power = fight btwn different gov’t groups for more
power
2. Gov’t agencies are corrupt and there is interference from
legislators and special interests.
President has to:
 (1) To be able to appoint members of Congress to serve in
the cabinet. (Constitution forbids Congress members to
be federal appointive while still in office).
(2) To dissolve Congress and call for a special election.
(Elections now can be held only on schedule on the
calendar.)
(3)Allow Congress to require a president who has lost its
confidence to face the country in a special election
before his term would normally end.
(4)Allow the Presidential and congressional candidates to
run together.
(5)Have the president serve a single 6-year term.
(6)Lengthen the terms of members of House of Reps
from2 years to four years so the House and President
could be reelected at the same time.
3. These proposals are similar to the British parliament system.
B) Making the System Less Democratic
1. A new Provision in the Constitution that has been ratified by the
states = amendments.
2. Critics say the Constitution gives the gov’t too much power.
3. Line-item veto: An executive’s ability to block a particular
provision in a bill passed by the legislature. (President can veto a
particular part of a bill and approve the rest).