American Government Chapter 2 PDF

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2. THE CONSTITUTION James Madison: Clear-Eyed Visionary Studied why kingdoms and empires endured, but republics eventually died- how to create a republic that lasted. American Republic based on premise that liberty is something with which people are born, so can’t be given or taken away by gov.

2.1 The Articles of Confederation Articles of Confederation and Perpetual Union, adopted by Second Continental Congress in 1777, ratified in 1781- states have power with weak national government. Madison wanted to change this. A Firm League of Friendship When creating Articles of Confederation  Citizens in one state didn’t always trust the motives of governments of other states  Didn’t trust any government that would rule over them from far away Articles of Confederation created “league of friendship” between states. States had sovereignty and equal representation in Congress. Limitations on the Power of the Confederal Government National government in Articles of Confederation= intentionally weak. Power to build army and navy, but no money to keep because Confederal government lacked taxation power and had to ask states for money. Complicated foreign policy as a result of states retaining most of sovereignty. Domestic economy also hurt, congress can’t regulate interstate commerce, hard to cultivate national economy. No separate judicial branch (judiciary with no power), no executive branch, all 13 states must agree to amend articles of confederation. The Annapolis Convention Called in 1786 to address trade and navigation disputes between states. Weak attendance (5 states), but increased chances of reform by calling for another convention in Philadelphia the following spring to talk about American government Unrest and the Danger of Rebellion Many Americans didn’t want to amend articles of confederation- southern states might lose slavery, smaller states might lose equal representation. Many nervous about idea of strong national gov. Shays’s Rebellion- added sense of urgency and provided ammunition to those who wanted to amend articles of confederation. Debt and Economic Crisis in Post-Revolutionary America Causes of Shays’s Rebellion- economic and political. Shortage of hard money after revolutionary war, but lots of debt. Shopkeepers demanded hard currency for debt, government raised taxes, foreclosures very widespread. Civil Unrest and Military Conflict Members of Shays’s rebellion made up of many veterans of Revolutionary war. Didn’t antagonize local population, focus on courts and closed them down to stall foreclosure process until solution to debt crisis could be achieved. Massachusetts passed Riot Act (Oct. 1786), absolve sheriffs and other officials from prosecution for killing rioters. Unable to put down rebellion itself, got help from wealthy elites in Boston to put down rebellion. Shays’s Rebellion: Crisis and Reconciliation Major General William Shepard defeated rebels. Two leaders hanged, rest went back to farms and towns. Shays’s Rebellion convinced George Washington to return to public life. Madison wrote to Washington and got him to attend the Philadelphia convention.

2.2 The Constitutional Convention May 1787, 55 delegates from 12/13 states arrive at Constitutional Convention to fix Articles of Confederation (Rhode Island did not participate, did not want stronger central government). Important delegates at the convention:  James Madison- informal reporter for convention  George Washington- served as the president of proceedings  Benjamin Franklin  Alexander Hamilton- one of the leading proponents of strong national government Delegates were all men, mostly well educated, and part of the elite Two Big Issues: Representation and Power Need absolute secrecy. Goals of creating stronger fiscal and military state, issues are representation of the states and powers of the national government. Discussions on slavery mostly focus on how it would affect representation of states and power of national gov. Individual Rights Created a limited government, protect individual freedoms. Powers distributed between different branches of government and states. Protections for those accused of crimes:  Article 1, Section 9, forbids suspension of the writ of habeas corpus, except during rebellion or invasion (allows people being detained by government to know why they are being held, judge may release if government does not provide reasons)  Also prohibits Congress & states from passing bills of attainder (guilty without trial)  Prohibit ex post facto laws (punish people for acts that were not crimes at the time they were committed)  Article 3, Section 2 provides right to trial by jury in criminal cases  For treason- 2 witnesses of overt act, or confession in front of judge Representation in Congress States with small populations and large populations disagree on representation.  Virginia Plan by James Madison- bicameral national legislature, more populous states have more representatives. Legislature has strong powers. Smaller states were very against this, saying smaller states would be swallowed up.  The New Jersey Plan- response, unicameral legislature, each state gets one vote, representative appointed by state. Legislature has similar powers as Article of Confederation but can levy taxes and regulate commerce. Madison and James Wilson frustrated, think equal rep allows political divisions between states to infect national politics The Great Compromise Couldn’t agree, sent question to Grand Committee, said they should give something to each side. Reached Great (Connecticut) Compromise:  Article 1, Section 1- bicameral  Section 2- house of representatives- number of reps chosen by populations, direct election of representatives  Section 3- states represented equally in Senate, chosen by state legislatures Slavery: 1/3 of delegates in convention= slave owners, did not want to lose slaves. Slavery dealt with in 3 ways:  Article I, Section 2- Three-Fifths Compromise- a slave counts as 3/5 of a person in determining state representation (still cannot vote)- boost influence of slave states in Congress + Electoral College  Article I, Section 9- Compromise on Importation- Congress not allowed to restrict slave trade until 1808 at earliest  Article IV- escaped slaves have to be returned to owner

Slave states got a lot of what they wanted because slave owners threatened to pull out. James Madison was a slave owner and did not set his slaves free. However, he understood that there were contradictions inherent in the Constitution that permitted slavery while being based on natural rights and liberties.

2.3 Branches of Government Separation of Powers Separation of Powers- widely supported idea, studied the ideas of Baron de Montesquieu, who wrote about the Separation of Powers. System:  Branches are not meant to preside over their own spheres, “separate institutions sharing powers” through checks and balances.  Congress has power to impeach president  System of federalism- sharing of power between national government and states The Legislative Branch Purpose to legislate and make laws. House of Representatives:  Directly elected by the people  run for reelection every 2 years  more responsive to people Senate:  chosen by state legislatures  six-year terms  terms are staggered in 2-year shifts, only 1/3 up for reelection any election year Congress granted more power than in Articles of Confederation, esp. in economy and money. Powers given to Congress in Article I of Constitution= enumerated powers. Article I, Section 8- necessary and proper/ elastic clause, give Congress ability to make laws. Powers of federal government beyond enumerated powers- implied powers. The Executive Branch President- serve 4-year term- head of executive branch. Execute laws passed by congress, ability to veto legislation (overridden with 2/3 vote in both houses). Commander in Chief of army and navy, but Congress declares war. Share power to make foreign policy with Senate. Selected by Electoral College. The Judiciary Supreme Court- highest, Constitution allows for lower federal courts with structure and composition determined by Congress. Jurisdiction over all disputes between states and national government, between states, between citizens of different states. Combined with supremacy clause in Article VI, Clause 2, national treaties and laws are supreme law, federal courts > state laws and courts. Constitution does not expressly provide for judicial review, power to overturn law or executive action that violates Constitution, established later in Marbury v. Madison (1803). Again, not exist in isolation, Congress can create lower federal courts, determine number of Supreme Court justices, Senate confirms justices, nominated by President. Making Changes to the Constitution Need to make amendment, process in Article V, process designed to be slow and difficult to achieve. Two stage process, two possible routes to completing each stage: 1. need to be officially proposed a. passage by 2/3 vote in House and Senate b. pass in national convention called at request of 2/3 of states 2. ratified a. majority vote in ¾ states b. acceptance in ratifying conventions in ¾ states (has only been used once)

27 amendments ratified  first 10: Bill of Rights, part of the debate during ratification of Constitution  only 15 actual lasting changes to Constitution An Uncertain Future Articles of Confederation- require all 13 states to approve amendments. Delegates decided Constitution would become law if 9/13 states approved.

2.4 Ratification: Federalists Versus Antifederalists Supporters of Constitution- federalists, those against Constitution- antifederalists. Antifederalists and federalists both campaign on fear Anti- government will trample on rights of people and states in future Feds- threat of anarchy, inability to deal with foreign powers In some ways, split by class:  Wealthy o merchants -strong economic policy from Const. o plantation owners- agreements from convention  rural areas- mistrust powerful elites However, many antifederalist elites as well. Federalists- 85 essays written for NY newspapers from 1787-1788- published under “Publius” written by Alexander Hamilton, James Madison, John Jay- lay down propaganda barrage on undecided minds of New Yorkers- political propaganda Madison’s essays (No. 51, No. 10) tackle Antifederalist critique by laying out reasons behind proposed constitutional republic. Federalist No. 10: Blunting the Power of Factions Danger: people work together with others for self-interest, trample the rights of others in the process. Faction- group of self-interested individuals who form groups to use gov to get what they want (according to James Madison)  Federalist No. 10- describes problem of faction, explain how Constitution provides solution. Inequality of wealth = main cause of faction, cause could be eliminated only through unacceptable means (tyrannical gov) or unrealistic (everyone has same thoughts), so can’t avoid factions, can only check dangers. Republican form of gov protects against small factions (regular vote outnumbers). Two ways to prevent dangers of a faction of a majority- republican government, large size of republic. Republic large and diverse, many factions vying for power, no one faction can assert will. Countered Antifederalist charge that republic = too large by saying large= necessary Tyranny of the Majority, Tyranny of the Minority Both Feds and Anti-feds acknowledged that tyranny could take 2 forms:  Minority- small trample big o Anti-feds focus on this one. Fear gov will become disconnected from majority and controlled by elites.  Majority- big trample small o Feds focus on this. Majority use power to oppress minority of citizens, Feds fear majority of poor people use power to take land away from rich Fed No. 10- argue against direct democracy, incompatible with personal security or rights of property, argue for republican gov Fed No. 51- sketch out structure, separation of powers guiding principle, with power divided between fed and state, three branches Brutus No. 1: Antifederalist Suspicion of Power- Antifederalists feared radical increase in national power, how gov might evolve over time. Concede Articles of Confederation too weak, but also writes concerns about federalism:

Representation of people’s interests not maintained as country grows in size, population, power  Once elected, representatives not relinquish power, and being away from district, be alienated from constituents’ wishes  Economic power of government to tax and regulate commerce + necessary and proper clause- individual states rights will be squashed  Control over military- destroy liberty, standing army dangers (destroy liberty)  Powers of state eventually overtaken by federal government Federalist No. 51: Sharing Power to Prevent Tyranny Antifederalists- as country grows larger and government grows more powerful and distant from citizens, will start to oppress. Madison:  Need to account for self-interest in constructing republic (men != angels)  Key= provide system of separation of powers within national government o 3 branches o Bicameralism  Federal system- double security against tyranny A Bill of Rights Most effective Antifederalist charge against Constitution- no bill of rights. Feb 1788, Federalists win narrow victory in Massachusetts after agreeing to propose bill of rights once original doc is ratified. Virginia and New York ratify next, Madison promise to introduce bill of rights. The Founders’ Motives Often accused of being antidemocratic and wanting to preserve interests of wealthy elite 1. Mistrust of pure democracy not uncommon, shown in how officials were selected (mostly not pure democracy) 2. Not all of them were rich ...