Constitutional Democracy: Promoting Liberty and SelfGovernment

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Constitutional DemocracyPromoting Liberty and
Self-Government

• Chapter 2

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QUICK REVIEW!

• What are the six central American Ideals?
• LIBERTY
• EQUALITY
• SELF-GOVERNMENT
• INDIVIDUALISM
• UNITY
• DIVERSITY

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What was Watergate??

• www.watergate.info great website for
  information about the Watergate Investigation
• Handout
• Who is this? What did he do?

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Protecting Liberty Two Objectives

• Limited Government gov. that is subject to
  strict limits on its lawful uses of power and
  hence on its ability to deprive people of their
  liberty.
• Self-government Principle that people are the
  ultimate source and proper beneficiary of
  governing authority in practice, a gov. based on
  majority rule.

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Both of these objectives heavily influenced the
U.S. Constitution and are embodied therein.

• Look on page 38 at the Main points of the
  chapter.
• This Chapter contains lots of history.
• As we learn about events in history, keep in the
  back of your mind the political and governmental
  ideals that were discussed in Chapter 1.

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Before the Constitution Colonial And
Revolutionary Experiences

• Americans preference for limited government came
  in part from the colonists English heritage.
• What is Common Law?? (pg. 39)
• What American-like characteristics did the
  colonies have?
• (Right to trial by jury, limited freedom of
  expression, degree of self-government)

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American Revolution 1775

• Why did the colonists revolt? (pg. 39)
• What event was the turning point for the
  relationship between the colonists and Britain?
  Why? (Pg. 39)
• What event prompted the colonists to protest No
  taxation without representation?
• What was the Townshend Act? What did it lead to?
  Pg. 40

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First Constitutional Congress

• Colonists met in Philadelphia in 1774 to decide
  what they would demand from Britain. What did
  they demand? Pg. 40-41
• King George III refused and British troops and
  colonial minutemen clashed at Lexington and
  Concord. 8 colonists died on the Lexington green
  in what became known as the shot heard round the
  world. The American Revolution had began.

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John Locke

• He held that people have inalienable (natural)
  rights. What does that mean? Pg. 42
• Who wrote the Declaration of Independence? Who
  heavily influenced it?
• The Declaration was a call to revolution rather
  than a framework for a new form of government,
  but still contained ideals that were to form the
  foundation of America.

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• Locke
  Jefferson

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Americas First Attempt at a National Government
The Articles of Confederation

• They were adopted during the Revolutionary War.
• They created a Very weak central government that
  was subordinate to the states. Any ideas why?
  Pg. 43
• Any state could block a constitutional amendment.
  (READ THE ARTICLES)

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• Shays Rebellion 1784 What was this all
  about? And why was it such a wake up call for
  America? Pg. 44
• Philadelphia constitutional convention drafted an
  entirely new form of government from the Articles
  of Confederation.
• Prominent delegates (George Washington, Benjamin
  Franklin, and James Madison) were determined from
  the outset to establish an American nation built
  on a strong central government.

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• Monument to Shays Rebellion in Sheffield,
  Massachusetts.

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The Great Compromise

• The Virginia Plan What was it and why was it
  called the Large State Plan? Pg. 45
• The New Jersey Plan What was it and why was it
  called the Small-state plan?
• The Great Compromise was reached and produced a
  bicameral (two-chamber) Congress. Which two
  chambers of Congress represent each plan? (pg.
  45)

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Issue of Slavery

• South had a slave-based agricultural economy, the
  North had a manufacturing economy.
• What did the South fear the North would tax. Pg.
  46
• What compromise was reached in regards to tax
  issues.
• What other provisions did the South obtain. Pg.
  46

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Three-Fifths Compromise

• Dealt with the issue of apportionment of taxes
  and seats in the U.S. House of Representatives.
• Why did the South want to count slaves as part of
  their population? Why did they not?
• The South really wanted to have and eat their
  cake too when it came to this issue.
• All of these compromises took place during the
  four months that the convention met.

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A Strategy for Ratification

• In authorizing the Philadelphia convention,
  Congress had stated that any proposed change in
  the Articles would have to be agreed to in
  Congress and then confirmed by (all of) the
  states.
• Ratification WAS NOT a sure thing.
• Delegates realized that the Constitution would
  never pass this way.

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• Sothe delegates established their own
  ratification process.
• 9 states had to ratify the constitution during
  special ratifying conventions in order for the
  Constitution to pass and apply to all 13 states.
• What two states were hold-outs in the
  ratification of the Constitution? Pg. 47

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Ratification Debate

• What did the Anti-Federalists believe? Were they
  for or against the Constitution? Pg. 48
• The absence of what particular document raised
  concern with the Anti-federalists?
• Whom did the Anti-federalists fear? Why?
• What did the Anti-federalists want to revive?

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• Federalists, on the other hand, believed what?
  Pg. 49
• Name two prominent Federalists? Pg. 49
• The Federalists Papers are widely acknowledged
  as a brilliant political treatise. Who wrote
  them and where were they published?
• Whose support of the Constitution bolstered its
  ratification. Think apple tree. Why?

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• What two states had not ratified the Constitution
  even after eight states had ratified the
  Constitution and was it was law? Pg. 49
• Why was it so important that these states ratify
  the Constitution?
• What was one of the main reasons that the two
  states ratified the Constitution? Pg. 49
• What were the Major Goals of the Framers of the
  Constitution? Pg. 50

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Protecting Liberty Limited Government

• A problem facing the Framers of the Constitution
  was how to control the coercive force of
  government.
• What does coercive mean?
• To Coerce
• To force to act or think in a certain way by use
  of pressure, threats, or intimidation compel.
• To dominate, restrain, or control forcibly
  coerced the strikers into compliance. See
  Synonyms at force.
• To bring about by force or threat efforts to
  coerce agreement.

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• Why must a government have coercive power?
• Why is it a dilemma for government to have such
  power? Pg. 50
• Read Madisons Quote on Pg. 51
• The Framers chose to limit the national
  government in part by how? Pg. 51
• Look at Article I, Sec. 8 of the Constitution.
• REMEMBER, in theory, authority not granted to the
  government by the Constitution is denied to it.

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Specific Prohibitions of the National Government.

• What powers does the Constitution specifically
  deny to the National Government? Pg. 51
• What is a Writ of Habeas Corpus?
• What are Ex Post Facto Laws?
• Why did the Framers make the Constitution
  difficult to amend? Pg. 52

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How the Constitution can be Amended

• 2 Steps must be taken to amend the Constitution.
• An amendment must first be PROPOSED then
  RATIFIED.
• Neither one of these steps is easy. Both require
  large steps to be taken in order to achieve the
  goal of amending the Constitution.

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First, Proposal

• 2 Ways to successfully propose an Amendment to
  the Constitution.
• 1. 2/3 majority in BOTH chambers of the US
  Congress must propose the amendment
• OR
• 2. By Calling a National Constitutional
  Convention. A convention is only called if 2/3
  of the state legislatures want a convention to be
  called.

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If a proposal is successful, then comes
Ratification.

• Ratification can be obtained 2 ways
• 1. If 3/4 of the state legislatures agree to
  ratify it.
• OR
• 2. State Conventions are called to decide if
  ratification should take place.

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• The Constitution grants U.S. Congress the power
  to decide whether state legislatures or state
  conventions will take part in the ratifying
  process.
• Which way is almost always chosen? Pg. 52
• What is the one exception?
• Has a National Constitutional Convention ever
  been used to propose amendments? What way has
  always been used?

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Separation of Power

• What does separation of powers mean? Pg. 52
• Why did the framers believe that a separation of
  powers was necessary?
• The idea was to divide the authority of
  government so that no single institution could
  exercise great power without the agreement of
  other institutions. Was this a new idea? Pg. 52
• Why has liberty suffered so mightily at the hands
  of majorities? Federalist Paper No. 10, James
  Madison. Pg. 53

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• Why did the Framers NOT divide governments
  authority strictly along institutional lines,
  granting all leg. power to the legislature, all
  judicial to judicial, etc.?
• Factions would have to work together in order to
  what? Pg. 53
• What are the separate branches of power in the US
  government? What does each do?
• Each separate branch is interlocked in such a way
  that an elaborate system of checks and balances
  is created.

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Checks and Balances

• Each of the 3 branches of government checks the
  others powers and balances those powers with
  powers of its own.
• How does each branch check and balance the other.
  Great example on Pg. 54, Figure 2-2.
• Why were the Framers hesitant to include a Bill
  of Rights. Pg. 56
• What are the Bill of Rights? What are these
  rights called? Why?

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Judicial Review

• Who was to decide whether officials were
  operating within the limits of their
  constitutionally authorized powers? Big Problem!
  Why?
• The Constitution did not explicitly grant the
  judiciary the power to deem something
  unconstitutional. For example, legislature
  passed or executive decisions.

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• Jefferson
• Adams

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Marbury v. Madison

• FACTS
• In the election of 1800, John Adams lost his bid
  for a second presidential term.
• It wasnt pretty. He lost to Jefferson and they
  were NOT fond of each other.
• Between Nov. 1800 (when Jeff. was elected) and
  March 1801(when Jefferson was inaugurated)
  Federalist (ie, supporters of Adams) created 59
  additional lower-court judgeships! (This term of
  office is called what?)
• Adams wanted to make sure that his people where
  in control of the judiciary, even if he did lose
  the election.

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• PROBLEM Adams term expired before his
  secretary of state could deliver the judicial
  commissions to all the appointees. Without this
  delivery, his judicial appointees could not take
  office.
• Jeffersons Secretary of State (Madison) was
  ordered by Jefferson NOT to deliver these
  appointments.
• Marbury was one of those appointed judges who
  never got their judicial commission delivered.
• Marbury was MAD. He asked the Supreme Court to
  issue a writ of mandamus. What is this? Pg. 57
• Chief Justice John Marshall wrote the case
  opinion (decision) for Marbury v. Madison. Very
  important person in the American Judicial system.

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• Here is the confusing part of this case. The SC
  said that Marbury was RIGHT, he was being wrongly
  denied his judicial appointment by Jefferson BUT,
  the SC could not require Madison to deliver his
  appointment. So Marbury was legally entitled to
  his appointment, BUT he had NO WAY of making
  Madison give him his commission so he could be
  appointed.
• The SC declared that it was unconstitutional for
  them to issue such a writ of mandamus.
• Congress had passed a law which stated that the
  SC could issue a WOM, but the SC said it was
  unconstitutional for the leg. to pass such a law.
  WHY? Pg. 58
• The Constitution prohibits Congress from
  expanding the Supreme Courts authority granted
  to it in the Constitution EXCEPT by
  Constitutional amendment.
• This one decision set the precedence for JUDICAL
  REVIEW.
• HUGE POWER! Why was Marshalls opinion so
  ingenious? Pg. 58. Why could Jefferson not
  disagree with the decision? Why could Congress
  not disagree? The SC effectively took away power
  from itself (to grant mandamus) while giving
  itself the most powerful tool it has to date
  (judicial review).

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Whew! Ok, moving on. Providing for
Self-Government

• Individual liberty is part of the process of
  self-government. How? Pg. 58
• The framers feared popular government (ie
  majority rules). Why? Any more personal reasons
  they may fear this?
• According to the Framers, what was the difference
  between a democracy and a republic? Pg. 59.
• How did the Framers create a limited popular
  rule? Pg. 60 How was it necessary? How did the
  Framers take it a step further?

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• How was the President to be elected? Pg. 60
• The Framers fear of majority rule is where the
  idea of the Electoral College came from.
• What is the Electoral College?
• We will discuss the electoral college in more
  detail later on.
• How are FEDERAL judges and justices chosen? How
  long do they serve? Is this different is the
  States?
• Is the government more limited now or less?

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Revolution of 1800

• What Jefferson said when he won the presidency
  over Adams
• Jefferson believed that Adams served the wealthy
  elite of America and was intent on depriving the
  common people of their liberty.
• Jefferson was the common peoples president.
• Helped to prove that America belonged to all
  people.
• Jefferson founded the first what? Pg. 62

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Andrew Jackson

• Jeffersons predecessor. Became a champion of
  the common people.
• How did Jackson change the Electoral College? It
  is still in effect today. Pg. 63
• What three presidents have won the presidency
  after losing the popular vote?

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Progressives Senate and Primary Elections

• 1900s brought a wave of democratic reforms
• No longer are representatives thought of as
  trustees, they are now thought of as delegates.
• Lots changed on the state and local level. What
  are initiatives and referendums? Pg. 63 What is
  a recall election?
• During this time Senators became directly elected
  by the people of the representative states.
  (Seventeenth Amendment)
• What is a primary? Pg. 63
• Look at pg. 64

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• Why were the Framers criticized during this time?
  Why might this be a little unfair? Pg. 66
• Today America is a Constitutional Democracy.
  What does this mean? Pg. 66, Very important
  concept. You all need to know and understand it.