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Chapter 2

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  1. Chapter 2 Constitutional Democracy: Promoting Liberty and Self-Government

  2. Fisher Ames The people must be governed by a majority, with whom all power resides. But how is the sense of this majority to be obtained?

  3. Introduction • Liberty • Framers wanted to protect liberty • Sought to restrain political power • Limited Government • Gov. is subject to strict limits on its lawful use of power • Self-Government • Gov. is subject to the will of the people as expressed through their votes

  4. Before the Constitution • “The Rights of Englishmen” • French and Indian War • led to taxes on colonists • Stamp Tax • Tax on colonial newspapers & business documents • led to cry of “no taxation without representation” • Townshend Act • more taxes; paper, glass, & tea • George III sent troops to enforce it • Boston Tea Party • First Continental Congress- Philadelphia 1774 • Called for free assembly, end to British occupation, colonial councils for imposition of taxes, trial by local juries… • Colonists rebelled because they thought their rights as British subjects were being violated

  5. Before the Constitution • 2nd Continental Congress- The Declaration of Independence • Locke: inalienable rights- “natural rights” • Jefferson: (primary author) • paraphrased Locke’s philosophy • Call to revolution–not a framework of government • Liberty, equality, individual rights, self-government, lawful powers

  6. Before the Constitution • The Articles of Confederation (Our nation’s 1st plan of gov.) • Writers were leery of a powerful central government • Each state retained its “sovereignty, freedom, and independence” • Congress to provide for national defense but no power to do so • Congress was not allowed to interfere with states’ commerce

  7. Before the Constitution • Shay’s Rebellion- (A sign that the national gov. was too weak) • Late 1786 in Massachusetts, mostly farmers • Farmers faced loss of property and new taxes on farms • Congress and the army were weak and action was needed as anarchy was feared • Annapolis meeting did not achieve any results

  8. Constitutional Convention • Philadelphia 1787 • George Washington presided • Given power to fix the Articles • Came up with a new plan of government • 55 delegates known as “the Framers” • Madison, Franklin, Hamilton… • Important figures NOT there • Jefferson, Adams, Paine… • Produced the Constitution

  9. Negotiating Toward a Constitution • The Great Compromise: • A Two-Chamber (bicameral) Congress • The Virginia Plan • The New Jersey Plan • The Great Compromise

  10. Negotiating Toward a Constitution • The North-South Compromise: The Issue of Slavery • North-South Compromise on economic issues • No taxing exports, but allowed taxing imports • Three-Fifths Compromise • Applied to both taxation and representation

  11. Negotiating Toward a Constitution • A Strategy for Ratification • Would others share the writer’s views? • Designed a new ratification process • Must be approved in at least 9 state conventions • The Ratification Debate • Anti-Federalists • Federalists

  12. Negotiating Toward a Constitution • The Framers’ Goals • Stronger national government • Preserve states as viable governments • Preserve liberties through checks and balances on power • Based on popular sovereignty • Restricted in uses of power • Give the people a voice in government

  13. Protecting Liberty • Grants and Denials of Power • Grants of power • Article I, Section 8 for powers of Congress • Denials of power • Writs of habeas corpus • Ex post facto laws • Difficult to amend • Limited government

  14. Protecting Liberty • Using Power to Offset Power • Separation of powers • Federalist #10 • “Mischiefs of faction” • Separated Institutions Sharing Power • Montesquieu- • Separation of powers • Checks and Balances • Shared Legislative Powers • Shared Executive Powers • Shared Judicial Powers

  15. Protecting Liberty • The Bill of Rights • Existed in many state constitutions • Jefferson argued for a federal constitution • Judicial Review • Marbury v. Madison(1803) • Precedent for court interpretation of the constitution

  16. Providing for Self-Government • Democracy Versus Republic • Democracy • Republic • Representative Democracy • Trustees

  17. Providing for Self-Government • Limited Popular Rule • House of Representatives–direct popular election • Senators–appointed by legislatures • Presidents–elected by Electoral College • Judges–nominated by President and confirmed by the Senate

  18. Providing for Self-Government • Altering the Constitution • Jeffersonian Democracy: A Revolution of the Spirit • Jacksonian Democracy: Linking the People and the Presidency • Proposed that states should choose their electors by popular elections • The Progressives: Senate and Primary Election • More popular control: • Primary Elections • Initiative and referendum • Recall elections

  19. States in the Nation

  20. States in the Nation