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Constitutional Democracy: Promoting Liberty and Self-Government Chapter 2

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Constitutional Democracy: Promoting Liberty and

Self-Government

Chapter 2

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Before the Constitution: Colonial and

Revolutionary Experiences

The Rights of Englishmen

Life, liberty and property to which all people are

entitled

Stamp Act: a tax on colonial newspapers and

document

Townsend Act: tax on tea

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Events Leading to the War

Boston Tea Party

First Continental Congress

Lexington and Concord

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Declaration of Independence

A call to revolution liberty, equality, individual

rights, self-government, lawful powers

John Locke: “Two Treatises of Government”

Inalienable (natural) rights: Life, liberty, and property

Government has responsibility to preserve rights

Thomas Jefferson:

“All men are created equal”

Just powers derive from the consent of the governed

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Before the Constitution: Colonial and

Revolutionary Experiences

Articles of Confederation

Adopted during the Revolutionary War

Created weak national government

States retained “sovereignty, freedom and

independence”

Prohibited Congress from interfering in states’

commerce policies

Prohibited Congress from taxation

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Before the Constitution: Colonial and

Revolutionary Experiences

Shays’s Rebellion

Raised fears about the weakness of the national

government

Farmers, led by Daniel Shays, marched to prevent

foreclosures on their land

Congress unable to raise army to quell rebellion

Motivated Congress to authorize a convention in

Philadelphia to revise Articles of Confederation

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The Great Compromise

Virginia (large-state) Plan

Representation based on population number

Greater power to larger states

New Jersey (small-state) Plan

Each state would have one vote

Equal power to large and small states

Similar to the Articles

Great Compromise: two-chamber Congress

House of Representatives: proportional representation

Senate: equal representation

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Negotiating Toward a Constitution

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Negotiating Toward a Constitution

North-South compromise: the issue of slavery

Congress agreed not to tax exports, only imports

Congress would be prohibited until 1808 from

passing laws to end the slave trade

Three-Fifths Compromise: three-fifths of enslaved

population counted for apportionment of taxes and

political representation

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Negotiating Toward a Constitution

A strategy for ratification

Established that 9 out of the 13 states were needed

Federalists: proponents of the Constitution

Anti-Federalists: against a strong national government

No bill of rights

Favored a revision of the Articles

The Federalist Papers: Alexander Hamilton,

James Madison, John Jay

Government needed to be powerful

Separation of power/checks and balances would protect states and liberties

Federalists promised a bill of rights to get NY and VA to ratify

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Negotiating Toward a Constitution

The Framers’ goals

Government strong enough to meet the country’s

needs

Government not threatening existence of the

separate states

Government not threatening liberty

Government based on popular consent

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Protecting Liberty: Limited Government

Grants and denials of power

Grants:

Limit government by stating specific powers in the

Constitution

Total of seventeen powers

Article 1 Section 8

Denials: Limit government by stating specific prohibitions in the

Constitution (suspension of habeas corpus, ex post facto)

Constitution difficult to amend

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Sharing Power

Separation of powers

Checks and balances

Federalist #10 describes majority and minority factions

Only separation of powers would make it too easy for a

single faction to exploit a particular area of political

power

Overlapping powers would force factions to work

together among the different branches

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Protecting Liberty: Limited Government

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Bill of Rights

First ten amendments to Constitution

Protects rights of citizens, such as:

Freedom of speech

Trial by jury of peers and legal counsel

Freedom of religion

Limits power of government

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Protecting Liberty: Limited Government

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Judicial Review

Constitution doesn’t state who has this power

Courts determine if governmental institution is

acting within its constitutional powers

Established by Chief Justice John Marshall in

Marbury v. Madison (1803)

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Protecting Liberty: Limited Government

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Providing for Self-Government

Democracy versus republic

Democracy is unlimited majority

Majority rule is limited to protect minority rights

Representatives should act as the public’s trustees

Limited popular rule People participate indirectly in process of government

through election of officials

Indirect election of president and (initially) Senators

Federal judiciary appointed, not elected

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