Constitutional Democracy: Promoting Liberty and Self-Government Chapter 2

Constitutional Democracy:Constitutional Democracy:Promoting Liberty and Promoting Liberty and

Self-GovernmentSelf-Government

Chapter 2Chapter 2

Before the Constitution: Colonial and Before the Constitution: Colonial and Revolutionary ExperiencesRevolutionary Experiences

The Rights of EnglishmenThe Rights of Englishmen Rights including life, liberty and property to Rights including life, liberty and property to

which all people are entitledwhich all people are entitledRepeal of the Stamp Act: a tax on colonial Repeal of the Stamp Act: a tax on colonial

newspapers and documentnewspapers and documentEnactment of the Townsend Act: tax on teaEnactment of the Townsend Act: tax on tea

© 2009 McGraw-Hill Higher Education. All rights reserved.© 2009 McGraw-Hill Higher Education. All rights reserved. 22


Declaration of IndependenceDeclaration of IndependenceA call to revolution A call to revolution liberty, equality, individual liberty, equality, individual

rights, self-government, lawful powersrights, self-government, lawful powersJohn Locke: “Two Treatises of Government”John Locke: “Two Treatises of Government”

Inalienable (natural) rights: Life, liberty, and propertyInalienable (natural) rights: Life, liberty, and propertyGovernment has responsibility to preserve rightsGovernment has responsibility to preserve rights

Thomas Jefferson: Thomas Jefferson: ““All men are created equal”All men are created equal”Just powers derive from the consent of the governedJust powers derive from the consent of the governed



Articles of ConfederationArticles of ConfederationAdopted during the Revolutionary WarAdopted during the Revolutionary WarCreated weak national governmentCreated weak national governmentStates retained “sovereignty, freedom and States retained “sovereignty, freedom and

independence”independence”Prohibited Congress from interfering in states’ Prohibited Congress from interfering in states’

commerce policiescommerce policiesProhibited Congress from taxationProhibited Congress from taxation



Shays’s RebellionShays’s RebellionRaised fears about the weakness of the national Raised fears about the weakness of the national

governmentgovernmentWeakened Congress Weakened Congress nation dissolving nation dissolvingFarmers, led by Daniel Shays, marched to prevent Farmers, led by Daniel Shays, marched to prevent

foreclosures on their landforeclosures on their landCongress unable to raise army to quell rebellionCongress unable to raise army to quell rebellionMotivated Congress to authorize a convention in Motivated Congress to authorize a convention in

Philadelphia to revise Articles of ConfederationPhiladelphia to revise Articles of Confederation


© 2009 McGraw-Hill Higher Education. All rights reserved.© 2009 McGraw-Hill Higher Education. All rights reserved.

The Great CompromiseThe Great Compromise Virginia (large-state) PlanVirginia (large-state) Plan

Representation based on population numberRepresentation based on population numberGreater power to larger statesGreater power to larger states

New Jersey (small-state) PlanNew Jersey (small-state) PlanEach state would have one voteEach state would have one voteEqual power to large and small statesEqual power to large and small states

Great Compromise: two-chamber CongressGreat Compromise: two-chamber CongressHouse of Representatives: proportional representationHouse of Representatives: proportional representationSenate: equal representationSenate: equal representation

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Negotiating Toward a ConstitutionNegotiating Toward a Constitution


North-South compromise: the issue of slaveryNorth-South compromise: the issue of slaveryCongress agreed not to tax exports, only importsCongress agreed not to tax exports, only importsCongress agreed not to outlaw slaveryCongress agreed not to outlaw slaveryThree-Fifths Compromise: three-fifths of enslaved Three-Fifths Compromise: three-fifths of enslaved

population counted for apportionment of taxes and population counted for apportionment of taxes and political representationpolitical representation



A strategy for ratificationA strategy for ratificationConstitution submitted directly to the statesConstitution submitted directly to the statesFederalists: proponents of the ConstitutionFederalists: proponents of the ConstitutionAnti-Federalists: against a strong national Anti-Federalists: against a strong national

governmentgovernmentThe Federalist Papers: Alexander Hamilton, The Federalist Papers: Alexander Hamilton,

James Madison, John JayJames Madison, John Jay



The Framers’ goalsThe Framers’ goalsGovernment strong enough to meet the country’s Government strong enough to meet the country’s

needsneedsGovernment not threatening existence of the Government not threatening existence of the

separate statesseparate statesGovernment not threatening libertyGovernment not threatening libertyGovernment based on popular consentGovernment based on popular consent


Major Goals of The Framers of Major Goals of The Framers of the Constitutionthe Constitution


Protecting Liberty: Limited GovernmentProtecting Liberty: Limited Government

Grants and denials of powerGrants and denials of powerGrants:Grants:

Limit government by stating specific powers in the Limit government by stating specific powers in the ConstitutionConstitution

Total of seventeen powersTotal of seventeen powers

Denials:Denials:Limit government by stating specific prohibitions in the Limit government by stating specific prohibitions in the

ConstitutionConstitutionConstitution difficult to amendConstitution difficult to amend


Sharing PowerSharing PowerSeparation of powers: divide the authority of the Separation of powers: divide the authority of the

governmentgovernmentShared institutions Shared institutions checks & balances checks & balances

Shared legislative powers: Congress checked by the Shared legislative powers: Congress checked by the President, Supreme CourtPresident, Supreme Court

Shared executive powers: President checked by Shared executive powers: President checked by Congress, Supreme CourtCongress, Supreme Court

Shared judicial powers: Courts checked by the Shared judicial powers: Courts checked by the President, CongressPresident, Congress



Bill of RightsBill of RightsFirst ten amendments to ConstitutionFirst ten amendments to ConstitutionProtects rights of citizens, such as:Protects rights of citizens, such as:

Freedom of speechFreedom of speechTrial by jury of peers and legal counselTrial by jury of peers and legal counselFreedom of religionFreedom of religion

Limits power of governmentLimits power of government



Judicial ReviewJudicial ReviewCourts determine if governmental institution is Courts determine if governmental institution is

acting within its constitutional powersacting within its constitutional powersEstablished by Chief Justice John Marshall in Established by Chief Justice John Marshall in

Marbury v. Madison Marbury v. Madison (1803)(1803)



Providing for Self-GovernmentProviding for Self-GovernmentDemocracy versus republicDemocracy versus republic

People rule, either directly or through elected People rule, either directly or through elected representativesrepresentatives

Majority rule is limited to protect minority rightsMajority rule is limited to protect minority rights

Limited popular ruleLimited popular rulePeople participate indirectly in process of People participate indirectly in process of

government through election of officialsgovernment through election of officialsIndirect election of president and (initially) SenatorsIndirect election of president and (initially) SenatorsFederal judiciary appointed, not electedFederal judiciary appointed, not elected


Providing for Self-GovernmentProviding for Self-Government

Altering the ConstitutionAltering the ConstitutionJeffersonian democracyJeffersonian democracy

Government belonged to all, not just eliteGovernment belonged to all, not just elite

Jacksonian democracyJacksonian democracyStates give electoral votes to winner of the popular voteStates give electoral votes to winner of the popular vote

The ProgressivesThe ProgressivesDirect election of senatorsDirect election of senatorsDelegates carry out wishes of the votersDelegates carry out wishes of the voters


Constitutional Democracy TodayConstitutional Democracy Today

Constitutional: provides for minority rights Constitutional: provides for minority rights and rule by lawand rule by law

Democracy: provides for majority influence Democracy: provides for majority influence via electionsvia elections


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Constitutional Democracy: Promoting Liberty and Self-Government Chapter 2