The Evolution of American Governance
The Constitution: Chapter 2
1. Independent Judiciary
2. No Quartering Troops in
Private Homes
3. Freedom of Trade
4.
No Taxation without
Representation
5.
Loss of Trust in English
Law Protecting Colonial
Rights and Liberties
POWER
AMBITION
CORRUPTION
GREED
LIFE
LIBERTY
PROPERTY
Pursuit of Happiness
RIGHTS
Natural Law
Natural Rights
Government
Based on the
Consent of the
Governed
Limits on Government by
a Written Constitution
Dominant
Branch
The Only Branch
(Partially)
Elected by the
People
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
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!
Tiny National Army
◦
State Militias
Conflict between States
Yankee -Pennamite Wars
Resolved: 1799
Virginia-Pennsylvania
Border Disputes
Land Reorganized: 1788
Fix The Articles
Can’t be Fixed
Scrap Them!
1.
Not what the
convention was
called to do
2.
A power grab?
3.
Revolution?
A Balancing Act!
STRENGTH to
preserve ORDER
WEAKNESS to
preserve LIBERTY
The nation
is too big
for PURE
democracy
Beware popular passions
A REPUBLIC
would be
better!
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
How to keep the government
from getting too strong?
Separation of Powers
Federalism
+
with checks and balances!
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
10
th
Amendment
◦
Concurrent
Shared between states and national governments
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
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
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!
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
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
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
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
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)
Explore the foundational principles leading to the American Constitution, highlighting key factors such as independence, natural rights, grievances against British rule, and the shortcomings of the Articles of Confederation. The visual content illustrates the journey towards a more effective system of governance through the Declaration of Independence and the desires of the revolution, culminating in the establishment of a government based on consent and limited by a written constitution.
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Presentation Transcript
The American System The Constitution: Chapter 2
1. Independent Judiciary 2. No Quartering Troops in Private Homes 3. Freedom of Trade Traditional Liberties
4. No Taxation without Representation 5. Loss of Trust in English Law Protecting Colonial Rights and Liberties Traditional Liberties
GREED CORRUPTION POWER AMBITION The Colonial Mindset
RIGHTS Natural Law Natural Rights LIFE LIBERTY PROPERTY Pursuit of Happiness Colonial Mindset
Government Based on the Consent of the Governed Limits on Government by a Written Constitution Desires of the Revolution
Dominant Branch The Only Branch (Partially) Elected by the People Desires of the Revolution
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
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
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
Fix The Articles Can t be Fixed Scrap Them! 1. Not what the convention was called to do 2. A power grab? 3. Revolution? The Constitutional Convention
A Balancing Act! STRENGTH to preserve ORDER WEAKNESS to preserve LIBERTY The Constitutional Convention
The Virginia Plan 1. Strong National Government 2. Bicameral Legislature *One house elected by the people (population?) 3. Favored Large States * National Legislature is Supreme The New Jersey Plan 1. From fear of Large State domination in legislature 2. Amend Articles; not replace them 3. Keep representation equal for all states, big or small The Constitutional Convention
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
The nation is too big for PURE democracy Beware popular passions A REPUBLIC would be better! The Constitutional Convention
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
How to keep the government from getting too strong? Separation of Powers Federalism + with checks and balances! The Constitutional Convention
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
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
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
Lets 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
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
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
At the STATE CONVENTIONS Much greater role Pro-ratification Merchants Urban Large western land Those owed money by the government Non-slave holders holders Anti-ratification Farmers Slave holders Those not owed money by the government Motives of our Founding Fathers
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
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
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
