The Colonial Mind: Natural Rights and Ambition

The Constitution
AP Government & Politics Mr. Minnich

The Colonial Mind Believed men seek power because they are ambitious, greedy, and easily corrupted Believed in a higher law embodying natural rights Life, liberty, and property (pursuit of happiness) The Declaration of Independence cited many charges against King George III for violating unalienable rights.

The “Real” revolution Was the radical change in belief about what made authority legitimate and liberties secure Government exists by consent of the governed, not by royal prerogative Human liberty exists prior to government and government must respect liberty

Weaknesses of Articles of Confederation Could not levy taxes or regulate commerce Sovereignty, independence retained by states One vote in Congress for each state 9 of 13 votes in Congress required for any measure Delegates to Congress chosen and paid by state legislature Little money coined by Congress

Weaknesses of Articles of Confederation Army small and dependent on independent state militias Territorial disputes between states led to open hostilities No national judicial system All 13 states consent to ratify an amendment

Constitutional Convention Learned from state constitutional conventions PA’s constitution radically democratic, but trampled minority rights, government was too strong 55 men attended from all backgrounds Excluding Thomas Jefferson, John Adams, Samuel Adams, Patrick Henry An entirely new constitution is written even though the gathering was authorized to revise the Articles.

Constitutional Convention Problem: How could government be strong enough to preserve order but not threaten liberty. Virginia Plan: representation based on population Strong national government organized into three branches Bicameral legislature e

Constitutional Convention Virginia Plan: Strong national government organized into three branches Bicameral legislature Executive and members of the national judiciary to be chosen by legislature 2 Key Features National legislature with supreme powers One legislative house, elected directly by the people

Constitutional Convention New Jersey Plan Generated from a fear that legislative representation would be based on population causing larger states to outvote smaller states Sought to amend rather than replace the Articles of Confederation Proposed one vote per state Protected small states’ interests while enhancing power of national government

Constitutional Convention The Great Compromise or Connecticut Compromise House of Representatives based on population and directly elected by people Senate composed of two members per state and elected by state legislatures Reconciled interests of large and small states

The Constitution and Democracy Founders did not intend to create a direct democracy Physically impossible in a vast country Founders also mistrusted popular passions and were concerned to secure minority rights Intended instead to create a republic, a government by representation

The Constitution and Democracy Popular rule only one element of new government State legislators to elect senators Electors to choose president (electoral college) People would directly vote for House of Representatives members Judicial review another limitation not necessarily intended by Founders Amendment process

The Constitution and Democracy Key principles of representative government in the USA Separation of powers among the branches Federalism: power divided between national and state governments

The Constitution and Democracy Three categories of governmental powers Enumerated: given exclusively to the national government Ex: print money, declare war, make treaties Reserved: Given exclusively to the states Ex: Issue licenses, regulate commerce in state, education Concurrent: Shared by both national and state governments Ex: collecting taxes, building roads, borrowing money, establishing courts

Antifederalists View Liberty could be secure only in small republics Strong national government would use powers to annihilate state functions Madison’s Federalists #10, and 51: personal liberty safest in large republics

Why no Bill of Rights? Several guarantees already in Constitution Right of habeas corpus No bill of attainder No ex post facto law Trial by jury in criminal cases No religious tests for federal office No state could pass a law impairing the obligation of contracts Most state already had a bill of rights

Bill of Rights Needed Ratification impossible without one Promise by key leaders to obtain one Twelve amendments approved by Congress; 10 ratified by the states and went into effect in 1791

Slavery Issue? Slavery was addressed in three provisions of the Constitution House of Representatives appoirtionment-3/5th Compromise Congress could not prohibit slave trade before 1808 Fugitive slave clause Necessary to get the Constitution ratified

Motives of Framers Economic interests at the Convention Charles Beard a historian found that the supports of the Constitution expected to benefit economically from the Constitution Economic interests of Framers did not dominate the convention More likely to vote in favor of Constitution: merchants, urban, owners of western lands, non-slave owners Less likely to vote in favor of Constitution: farmers, slave owners

The Constitution Today Is the Constitution working for average Americans today? Should the Constitution be reformed? If so, how should it be reformed?

The Colonial Mind: Natural Rights and Ambition

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