Political power exercise by direct grant of power in a written constitution 4. Human liberty prior to government and government must respect liberty 5. Legislative branch was superior to executive branch because the legislature directly represented the people Weaknesses of the confederation Articles of Confederation 1. Could not levy taxes or regulate commerce 2. Sovereignty, independence retained by states 3.
One vote in Congress for each state 4. Nine of thirteen votes in Congress required for any measure 5. Delegates to Congress picked, paid for by state legislatures 6. Little money coined by Congress 7. Army small and dependent on independent state militias 8. Territorial disputes between states led to open hostilities 9. No national judicial system The lessons of experience 1. State constitutions a. Pennsylvania: most democratic, but trampled minority rights - government was too strong b.
All The Framers 1. Attending: men of practical affairs, including Continental army veterans and members of the Congress of the Articles of Confederation 2. An entirely new constitution was written, although the gathering was authorized only to revise Articles 4. Lockean influence 5. Doubts that popular consent alone could guarantee liberty 6. The challenge A. The Virginia Plan 1. Strong national government organized into three branches 2.
Bicameral legislature 3. Executive and members of the national judiciary were chosen by legislature 4. Council of revision executive and some judiciary branch members with veto power; legislature could override the veto 5.
Two key features of the plan a. National legislature with supreme powers b. One legislative house elected directly by the people The challenge B. The New Jersey Plan — generated from a fear that legislative representation would be based on population, allowing the more populated states to always outvote the less populated states 1. Sought to amend rather than replace the Articles of Confederation 2.
Proposed one vote per state, so Congress would be the creature of the state governments 3. The challenge C. The Great Compromise or Connecticut Compromise 1. House of Representatives based on population and directly elected by people 2.
Senate composed of two members per state and elected by state legislatures 3. Reconciled interests of large and small states — the former dominated in the House of Representatives, the latter in the Senate The Constitution and democracy A. Founders did not intend to create direct democracy 1. Physical impossibility in a vast country 2. Founders also mistrusted popular passions and were concerned to secure minority rights 3.
Intended instead to create a republic, a government by representation B. Popular rule only one element of new government 1. State legislators to elect senators 2. Electors to choose president 3. Two kinds of majorities: voters for example, the House of Representatives and states for example, the Senate 4. Judicial review another limitation, though one not necessarily intended by Founders 5.
Amendment process The Constitution and democracy C. Key principles of representative government in the U. Separation of powers 2. Federalism 3. Government and human nature 1. Aristotelian view: government should improve human nature by cultivating virtue 2.
Madisonian view: cultivation of virtue would require a government too strong, too dangerous; self-interest should be freely pursued within limits 3. Separation of powers enables each branch to check the others 4. Federalism enables one level of government to act as a check on another 5. Nine of thirteen votes in Congress required for any measure 5. Delegates to Congress picked, paid for by state legislatures 6.
Little money coined by Congress 7. Army small and dependent on independent state militias 8. Territorial disputes between states led to open hostilities 9. No national judicial system All thirteen states consent necessary for any amendments Slide 13 II. All rights reserved. The lessons of experience 1. State constitutions a. Pennsylvania: most democratic, but trampled minority rights - government was too strong b. Massachusetts: less democratic, but Shayss Rebellion - government was too weak 2.
Shayss Rebellion brought fear that states were about to collapse from internal dissention Slide 14 II. The Framers 1. Attending: men of practical affairs, including Continental army veterans and members of the Congress of the Articles of Confederation 2.
An entirely new constitution was written, although the gathering was authorized only to revise Articles 4. Lockean influence 5. Doubts that popular consent alone could guarantee liberty 6. Results: a delicate problem; need strong government to preserve order but not threaten liberty Slide 15 III. The challenge 15 A. The Virginia Plan 1. Strong national government organized into three branches 2.
Bicameral legislature 3. Executive and members of the national judiciary were chosen by legislature 4. Council of revision executive and some judiciary branch members with veto power; legislature could override the veto 5.
Two key features of the plan a. National legislature with supreme powers b. One legislative house elected directly by the people Slide 16 III. The challenge 16 B. The New Jersey Plan generated from a fear that legislative representation would be based on population, allowing the more populated states to always outvote the less populated states 1.
Sought to amend rather than replace the Articles of Confederation 2. Proposed one vote per state, so Congress would be the creature of the state governments 3.
Protected small states interests while enhancing power of national government Slide 17 III. The challenge 17 C. The Great Compromise or Connecticut Compromise 1. House of Representatives based on population and directly elected by people 2. Senate composed of two members per state and elected by state legislatures 3. Reconciled interests of large and small states the former dominated in the House of Representatives, the latter in the Senate Slide 18 IV.
The Constitution and democracy 18 A. Founders did not intend to create direct democracy 1. Physical impossibility in a vast country 2. Founders also mistrusted popular passions and were concerned to secure minority rights 3.
Intended instead to create a republic, a government by representation B. Popular rule only one element of new government 1. State legislators to elect senators 2. Electors to choose president 3. Two kinds of majorities: voters for example, the House of Representatives and states for example, the Senate 4. Judicial review another limitation, though one not necessarily intended by Founders 5.
Amendment process Slide 19 IV. The Constitution and democracy 19 A. Amendment process Slide 20 IV. The Constitution and democracy 20 C. Key principles of representative government in the U. Separation of powers 2. Federalism 3. Government and human nature 1. Aristotelian view: government should improve human nature by cultivating virtue 2. Madisonian view: cultivation of virtue would require a government too strong, too dangerous; self-interest should be freely pursued within limits 3.
Separation of powers enables each branch to check the others 4. Federalism enables one level of government to act as a check on another 5. See the box, The Federalist Papers. Slide 21 V. The Constitution and liberty 21 A.
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