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BEGINNINGS: Political essentials and foundational
ideas
1689
LOCKE’S SECOND TREATISE ON GOVERNMENT:
– Natural Rights: Life, Liberty & Property which existed before government
Legitimate government depends on
***Consent of the Governed/Popular Sovereignty:*** People must agree on who their rulers are
***Limited Government*** : Clear restrictions on government power e.g. Constitutional limitations
LIFE UNDER BRITISH RULE
INHERENT LIBERTIES AS BRITISH CITIZENS
I. A fair trial before an independent judge
II. Property rights
III. Free trade without undue government interference
IV. The right to not pay taxes to the British government since colonists weren’t represented in parliament
Why did it start to go bad?
-English Constitution (There wasn’t one really…)
• Collection of laws, charters and tradition that was thought to protect the liberties of British subjects.
• Small violations of liberties by the British government snowballed (You can’t get a little bit pregnant)
– Political Corruption
• Many colonists viewed English politicians as corrupt.
• This self-interest and greed led to abuse of power.
NEW GOVERNMENT
FOUNDATIONAL PRINCIPLES
***LIMITED GOVERNMENT***
See above
***RULE OF LAW***
-The state is governed by law, not the arbitrary
decisions of individuals-not matter how
benevolent the intention.
***FEDERALISM***
-Government power is divided between states and
the central government to safeguard against
tyranny.
***SEPERATION OF POWERS/CHECKS &
BALANCES
-The three branches are all given specific powers
that can be reigned-in by the other branches; this
includes the popular will.
***LEGISLATIVE SUPREMACY***
-The direct representatives of the people shall be
the dominant branch.
America’s first constitution 1781-1789
***CONFEDERATION: System where government power is shared by states united by a common cause.
***UNITARY SYSTEM: System where government power is concentrated at the national level.
The framers feared the concentration of government power after their experience with Britain.
A confederation allows for local government, reflecting local ways of life and focusing on local issues.
WHY DID IT FAIL?
Articles of Confederation
I. The United States did not have a common currency.
• Hampered interstate trade
•Congress and the states often printed money in order to resolve debts = INFLATION
Why the Articles of Confederation failed…
II. NO REVENUE (TAX) POWER
• Congress could not force the states nor individuals to pay tax
•Result: U.S. was unable to pay its debts
•
• States acted as individual countries and seldom agreed.
Example: - Connecticut and Virginia almost went to war over land claims!
III. NO NATIONAL UNITY
IV. Courts (Judicial Branch)
• The nation lacked a national court system, only state courts.
-No standard of justice
-No way to settle
grievances between states
V. Lack of an Executive Branch
• The nation did not have a Chief Executive, only a president elected by Congress.
-No leadership
-No one to EXECUTE laws John Hanson
1ST POTUS?
VI. Congress (Legislative Branch)
• Congress had one house. (unicameral)
•Passage of new laws needed a supermajority (9 of 13 states).
•Amendments required a unanimous vote
•Congress had no power to regulate interstate trade, coin money, or to establish a military.
MODELS OF REPRESENTATIVE DEMOCRACY
I. PARTICIPATORY: citizens have the power to
decide directly on policy and politicians are
responsible for implementing those policy
decisions.
II. PLURALIST: Groups compete with each other
for control over government
III. ELITIST: A small number of wealthy and well-
educated people control the reigns of
government
Constitutional Convention • Shays’ Rebellion illustrates that the national government is unable
to handle a crisis-the Articles of Confederation need serious revision
PHILADELPHIA 1787
• 55 delegates from 12 states meet to revise the Articles of Confederation’ – Wealthy, white males
– Average age is 42, 2/3 lawyers, 1/3 owned slaves
– Had political experience, from cities.
• No John Adams, Thomas Jefferson, Sam Adams, John Hancock, or Patrick Henry!
• Father of the Constitution – James Madison of Virginia
– Spoke over 200 times
The discussions revolved around several key issues, the most critical of which were:
• How should states be represented in congress?
• How many executives (presidents) should we have?
• Should slavery be abolished?
• How directly democratic will we be?
1787 CONVENTION MAJOR ISSUES
ISSUE VIRGINIA PLAN NEW JERSEY PLAN
SOURCE OF LEGISLATIVE POWER
Popular election/Based upon
state population
Reps selected by states
One rep per state
LEGISLATIVE STRUCTURE
Bicameral Unicameral
EXECUTIVE
Elected and removed by congress
More than one person; removable by majority
JUDICIARY
Life Tenure/Able to veto in Council of
Revision
No power over states
STATE LAWS
Legislature can override
Government can compel obedience to federal law
RATIFICATION OF CONSTITUTIONAL
AMENDMENTS
By the people
By the states
Constitutional Compromise
Connecticut Compromise
Divided congress into two houses (bicameral legislature)
• House of Reps based on state population (Big States Happy)
• Senate has two representatives per state (Small States Happy)
• One executive, popularly elected
Slavery Slavery
• The Declaration of Independence begins to change people’s attitudes towards slavery-many want it abolished.
• South Carolina and Georgia threaten to leave the Union.
Madison comes up with a solution
– 3/5 Compromise
• 3/5 of slaves were counted, for representation purposes
• Congress could outlaw the slave trade after 1808
Anti-Federalists
Opposed ratifying the new Constitution
MAJOR CONCERNS
1. Federal government would be distant from the people
2. Congress’ revenue and borrowing power are too broad (Necessary & Proper Clause)
3. No Bill of Rights existed to restrain government power
4. A standing army was dangerous to liberty
5. The federal courts would continually overrule state courts
Sam Adams Patrick Henry George Mason
Federalists
Supported ratifying the Constitution:
1. It corrected the failings of the A of C.
2. Without a strong, central government uniting the states, the country would break apart.
3. Believed no bill of rights was necessary-enough
structural check & balances existed to prevent tyranny.
Washington Madison Hamilton