Pearson Education, Inc. © 2005 Establishing a Constitutional Democracy Chapter Two

Pearson Education, Inc. © 2005

Establishing a Constitutional Democracy

Chapter Two


The Colonial Experience With Democracy

• Right to govern given by God--divine right• Royal colonies

– King’s representative– elected assemblies

• Pilgrims– religious dissenters– rejected divine right of kings– formed Mayflower Compact

• express consent to be governed


The Colonial Experience With Democracy

• Proprietary colonies: governed by English noble or company– when unsuccessful became royal colony

• Power in both types of colonies divided– governor: patronage power– two-chamber legislature: power to tax

• lower chamber: colonial assembly• upper chamber: colonial council• not democratic: voting restricted to qualified male


Spread of Democratic Ideals During the Revolutionary War

• Taxation without representation– Colonists asked to help with cost of keeping troops

in colonies– 1765 imposition of Stamp Tax on colonies

• already in use in Britain, where taxes were higher than in the colonies

• colonists had never paid a direct tax and had no voice• Stamp Act Congress• Patriots - Boston Tea Party


Spread of Democratic Ideals During the Revolutionary War

• The Continental Congresses– 1774: First Continental Congress

• 12 colonies sent delegates• issued statement of rights, called for boycott• Patriots began military activity

– Shot heard round the the world– 1775: Second Continental Congress– 1776: Declaration of Independence– Seven year war for independence ended with the

Treaty of Paris in 1783.


Theory of Rights and Representation

• Consent of the Governed– Hobbes (1651)– Critical ideal in the Declaration

• Separation of Powers– Locke (1690) consent of governed, but no need to

concentrate power in one ruler– Legislative power– Executive power– Montesquieu later added judicial power


Theory of Rights and Representation

• Citizen Rights and Representation– Whigs: critics of concentration of power in

British government• not enough to have separation of powers• citizens should be able to check government• Harrington: elections for the ablest leaders• Thomas Paine: Common Sense• application of these rights restricted to men with

property


Government After Independence

• Broadening of Participation– Aftermath of war: easing of property

holding voting restrictions– Impact on who was elected– Term limits– Abigail Adams: early advocate of suffrage

for women



• Articles of Confederation (1781-1789)– “Firm league of friendship”– Continental Congress granted limited powers

• could not tax directly• could declare war, but not raise an army directly• could coin money; but could not stop states from doing

so• could negotiate with other countries on tariffs, but so

could individual states• could not force states to get along commercially• supermajority required to take any action• unanimity required to alter Articles



• Shay’s Rebellion

• Other domestic unrest

• Threats from abroad– Britain– Spain– France

• Need for solution to weak governance


The Constitutional Convention

• Preceded by the Annapolis Convention– Reform minded– Only 5 states represented

• Madison requested Congress ask each state to send delegates to a convention – Purpose: revise the Articles– Most states favored some revision– Those who did not stayed away



• Secret meeting• Revision became starting over• Virginia Plan was the starting point for new

government– Changed nature of Congress dramatically– Equality to proportionality in terms of number of

senators and representatives– Congress with far greater powers than before



• Virginia plan had support of more populous states

• Less populous states were uneasy• New Jersey plan offered as alternative

– Three branches with different powers– Kept one chamber of Congress with each state

having one vote– Did not grant Congress broad powers but rather very

specific powers



• The Connecticut Compromise– Majority of states supported Virginia Plan– Small states considered leaving and thus

killing chance of ratification– Committee given task of resolving problem– split the difference solution

• big states - House proportionate to population• small states - equality in the Senate



A Government of Separated Powers

• End result was a government with three branches that divided power among them– Legislative

• powers: tax, coin money, regulate commerce, declare war, maintain an army

• necessary and proper clause• House chosen by voters every two years; no term limits• Senate selected by state legislatures; six year terms• states could choose own voter qualifications



• Executive– Presidential power under tight congressional

control– Senatorial advice and consent

• president signs treaties; treaties only take effect if 2/3s of Congress approves

– Impeachment clause makes president dependent on Congress

• House impeaches the president• Senate tries the president



• Electoral College– Large versus small state dispute– Popular vote? Large states would dominate

presidential choice– Chosen by Senate? Small states would have extra

influence– Resolution: compromise with the electoral college

• select electors from states (states choose how to select) and then electors vote for president


How the Electoral College Works

• Each state chooses same number of electors as it has House and Senate members in Congress.

• If a candidate receives a majority of the electoral votes, the person becomes president.

• If no majority, the vote goes to the House of Representatives

• The electoral college remains controversial.


Judicial Compromise

• Most delegates agreed on need for a Supreme Court• Did not agree on need for lower courts• Compromise: left it to Congress to decide• Judicial review controversial as well

– Some, perhaps most, supported the court having authority to declare laws null and void

– However, when opposition emerged, the delegates maintained silence and left the issue alone

– Supremacy Clause


Compromising on Slavery

• Topic was discussed– Only one delegate said it was their moral duty to

eliminate slavery– Focus was instead ending international slave trade– Compromise reached: slave importation would

cease in 20 years.– 3/5’s Compromise

• counting slaves traded for imposing tariffs on foreign goods


A Bill of Rights

• What of the protection of people’s liberties?– Neglected to include provisions in draft of the

Constitution– State constitutions generally included such

provisions.– Protection of liberties the duty of the states?– Roadblock to ratification; needed explicit

expression of Whig theory of rights– Bill of Rights was promised



Federalists versus Anti-Federalists: The Debate• Anti-Federalists

– decentralized government– popular government– feared tyranny– feared a powerful

presidency

– feared a Congress with

too few representatives

• Federalists– national government

necessary to create strong country

– external threats – internal factions willing to

impose will on others– these = tyranny as well– Solutions:

• separation of powers

• checks and balances




Amendments to the Constitution

• Need for compromise– Big states: fear of stagnation and

protracted conflict with unanimity rule for amending

– Small states: fear of dominance of big state agendas

– Fear of endangering slavery if amending too easily accomplished

– Result: complicated formula




Assessing the Constitution:

A Step Backward?• Constitution consolidated changes that

already existed in states– Citizen participation – Representation

• Constitution did not extend the right to vote, but did not restrict it further.

• Altered the institutional nature of the national government




A Step Backward? Criticisms

– Powers of the Supreme Court poorly defined– Electoral college does not always seem to work– Other issues poorly defined, vaguely expressed– Falls short of expressing contemporary democratic

ideals– Shortfalls related to the need for ratification

• slavery• voting rules• win support of white, male, propertied population



Achievements• Created unified nation capable of

defending itself• Facilitated the country’s economic

development– Outlawing separate state currencies– Outlawed state tariffs

• Created a presidency that was first filled by Washington



The Constitution Today• Constitution continues to give many

groups/interests opportunities to voice their concerns– Constitutional ambiguity– Adaptability– Successful governing arrangements

• Stain of slavery– Could not resolve an intractable problem– Strong solution would mean no ratification

Documents

Pearson Education, Inc. © 2005 Establishing a Constitutional Democracy Chapter Two