THE CONSTITUTIONWilson Chapter 2A

KEY QUESTIONS

Who Governs? To What Ends?

Difference between democracy and republic

Branch with the greatest power

Goals the government should serve

Freedoms protected

TRADITIONAL LIBERTIES

Independent judges Free from quartering Free trade No taxation without representation Limited government

COLONIAL MIND

Men are ambitious, greedy, corrupted Higher law to preserve natural rights

Life Liberty Property (pursuit of happiness)

Ideology Specific violations of the English government

DECLARATION

Open letter to the world Explains Social Contract Blames English government Asks for independence

REVOLUTION

Legitimate authority Secure liberties Consent of the governed Written constitution Superior legislative, accountable to the people

ARTICLES Loose union of independent states

Named “The United States of America”

Single legislature of very limited power Addition of the Northwest Territories Northwest Ordinance

Rules for admitting new states

XI - Canada

Abolition of slavery

Mail/trade with countries/indians Freedom of speech/Rights of accused Limits: military/titles of nobility Pay war debts/borrowing money

FAILURE OF ARTICLES One vote for each state (2-7 delegates) Dependent on states for tax collection Powerless to regulate interstate trade Problems with coining money Needed state militias Territorial disputes States enforced laws States pick and pay for legislature No national court system Amendments required unanimous approval 9/13 vote required to pass laws “firm league of friendship”

CONSTITUTIONAL CONVENTION

No accepted political theory State models

PA – too democratic

MA – too elitist

Madison Confederacies were too weak to govern

Other governments trampled liberty

Shay’s Rebellion Veteran rebellion over taxation and foreclosures

Private army, fear of anarchy, debate

FRAMERS

Sent to revise Articles Concerned about defense of liberty Feared tyranny of majority Needed to preserve order Practical men

Veterans Confederate Congress Not the leaders of the Revolution

NEW PLAN

Virginia New Jersey

Comprehensive Strong national

government Direct election Parliamentarian 3 branches

Amend not replace Feared under-

representation Equality among states State authority

GREAT COMPROMISE

Connecticut Settled on new national government Focus on representation Divide into 2 houses

House directly elected based on population Senate indirectly elected equal among states

Electoral College

CONSTITUTION OUTLINE

Preamble Articles

I – Legislative

II – Executive

III – Judicial

IV – Relation Among States

V – Amending Process

VI – National Supremacy

VII – Ratification

Amendments

READINGS

Woll pages 40-45 Limitations of Governmental Power and of Majority rule Federalist 47, 48, 51