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The Foundations of American Democracy: From Colonial Experience to the U.S. Constitution

This chapter explores the formative years of American democracy, beginning with the establishment of Jamestown as the first permanent English colony in 1607 and continuing through pivotal events such as the Mayflower Compact, the Stamp Act, the Continental Congresses, and the Revolutionary War. It examines key ideas from the Declaration of Independence, the Articles of Confederation, and ultimately the Constitutional Convention. The discussion includes the necessity of compromises made during the drafting of the Constitution and the principles of popular sovereignty, separation of powers, and the significance of the Bill of Rights.

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The Foundations of American Democracy: From Colonial Experience to the U.S. Constitution

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  1. Chapter 2 The Constitution

  2. Colonial Experience • Jamestown – first permanent English colony (1607) • precedent for representative assembly • Plymouth – Mayflower Compact (1620) precedent for social contract • consent of governed • adult males created, submitted to authority of government

  3. Selected Milestones • Stamp Act (1765) • First Continental Congress (1774) • Second Continental Congress (1775) • Revolutionary War (1775-1781) • Declaration of Independence (1776) • Articles of Confederation drafted (1777) • Shays’ Rebellion (1786) • Constitutional Convention (1787) • U.S. Constitution (1788) • Bill of Rights (1791)

  4. Reading Exercise • Consult the Declaration of Independence(pages 359-360) • What does Jefferson mean by unalienable Rights? What are they? • What is the purpose of government? • What is the basis of government’s legitimacy/authority? • Under what conditions is Revolution justifiable?

  5. Key Ideas in Declaration • Natural Rights – individuals hold certain rights because they are human; governments cannot take away these “unalienable” (inalienable, can’t be transferred) rights; given to us by God • Locke -- “life, liberty, and property” • Jefferson -- “Life, Liberty, and the Pursuit of Happiness” • Social contract – general agreement between people and government; people agree to give up some liberties so remainder are protected • Popular sovereignty/government by consent – all legitimate authority flows from consent of people • Right/Duty to revolt (Revolution) • Adopted by 2nd Continental Congress (July 4, 1776)

  6. Discussion Question • Why did Jefferson write, “…pursuit of happiness” rather than “property”? • Let’s assume he wasn’t trying to cover up plagiarism; Locke was widely read at the time, at least among the elite • What has been the effect of this phrase, “pursuit of happiness” on American politics?

  7. Articles of Confederation • Drafted by 2nd Continental Congress (1777) • Article II guaranteed each state would retain sovereignty • Structure of government under Articles • Power flowed from the states to the Congress of the Confederation • Shays’ Rebellion (1786), although suppressed, illustrated the Confederation’s weaknesses, its inability to maintain order and provide security

  8. Constitutional Convention (1787) • Initially aimed at revising the Articles, but became much more… • 55 delegates • Secret proceedings • Monarchist nationalists • Democratic nationalists • Delegates opposed to any national government

  9. Compromises in Drafting the Constitution • Great Compromise– resulted in a bicameral legislature, with one house based on equal representation (Senate), the other on population (House) • Three-Fifths Compromise– resulted in slaves being counted as “3/5” of a person for the purpose of determining population for representation in the House of Representatives

  10. Discussion • Were the Great and 3/5’s Compromises necessary and appropriate? • Congress outlawed the slave trade in 1808 (importation of slaves, not slavery; Article 1, Section 9) • What might have happened if the Constitution had not been ratified?

  11. Constitution’s Key Characteristics • Popular Sovereignty • Refer to Preamble, page 373 • Republican/Representative democracy • Limited government • Separation of Powers and Checks and Balances • Dividing governmental powers between legislature (makes laws), judicial (interprets laws), and executive (administers laws) • Providing checks on abuse of power • Federalism

  12. Separation of Powers

  13. Figure 2-1: Checks and Balances, 32

  14. Ratification • Federalists argued in favor of ratification; supported strong central government • Federalist Papers, Appendix C, pp. 391-396 • No. 10: argument for representative democracy vs. direct democracy • No. 51: Separation of Powers, Checks and Balances, and Federalism • Anti-Federalists opposed strong central government • Helped by promise of amendments protecting individual rights –Bill of Rights (1791)

  15. The Bill of Rights (1791) • First 10 amendments to the Constitution • Designed to protect individuals from a too powerful national government • Limited federal encroachments but not state violations until 14th amendment

  16. Figure 2-2: Formal Constitutional Amending Procedure, 37

  17. Why Such a Difficult Amendment Process? • Two-step process: Proposal and Ratification • > 11,000 amendments considered by Congress • 33 submitted to states; only 27 ratified • Fear of tyranny of the majority • Oppression of groups or individuals

  18. Modes of Constitutional Change • Formal amendment process • Congressional legislation • Presidential actions • Judicial review • Interpretation, custom, usage

  19. Discussion • What are the strengths and weaknesses of: • separation of powers? • checks and balances? • a difficult amendment process?

  20. Hot Links to Selected Internet Resources: • Book’s Companion Site: http://politicalscience.wadsworth.com/schmidtbrief2004 • Wadsworth’s Political Science Site: http://politicalscience.wadsworth.com • Emory University, School of Law, Constitution of the United States: http://www.law.emory.edu/erd/docs/usconst.html • National Constitution Center: http://www.constitutioncenter.org • Web Guide to the Constitution of the United States: http://tcnbp.tripod.com/webguid.htm

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