The Founding

1
The Founding
2
Why Study History in a Political Science Class?

• U.S. government has old structure
• Legacy need to know "why it was" to understand
  "what it is"
• Vestiges constraints posed by "outdated"
  structure
• Political uses of history History shows
  that.
• Account of founding can confer legitimacy
• On government in general
• On particular policies pursued by government
• Debate over framers intentions part of
  contemporary political rhetoric
• Critical account of founding can also
  de-legitimize
• Our goal a historical account of the Founding
  that emphasizes politics

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Articles of Confederation

• First National Constitution
• Established 1777 (1781) by states
• Lasted until 1789
• Some accomplishments
• war of independence against Britain won
• Handled territorial conflicts between states
• Significant weaknesses of national government
• Only one branch Continental Congress
• No power to tax directly
• States issued own currency
• States imposed tariffs on each other foreign
  goods
• Not respected by other countries
• States were the center of political gravity

4
How Were the Articles Replaced?

• Peaceful but controversial change
• No violent revolution or coup detat
• Major controversy was shift of (some) political
  power from states to central government
• That is, a political process
• Who wanted the change?
• Beard Economic elites
• Roche Emerging national political elite
• How did they get it?
• Years of complaint and conventions
• Shays Rebellion
• Philadelphia Convention (1787)

5
Was the Constitutional Convention Legitimate?

• Why ask this question?
• motives of the founders politically significant
  now
• Point here is to focus on political context then
  and how that shaped the actions taken
• No the legitimacy was shaky at best
• Convention proceedings secret
• Not broadly representative
• Overstepped authority
• Ratification procedure illegal under Articles
• Yes legitimacy should be judged in other ways
• Actions politically necessary or expedient at the
  time
• Judge by ultimate results the convention ended
  up establishing stable government

6
Motives of the Founders Economic

• The Charles Beard thesis
• Founders motivated by own narrow economic
  interests
• Convention composed of economic elites
• Wrote Constitution addressing their economic
  grievances with the Articles
• Critique of Beard thesis
• Diversity of interests among delegates
• Downplays role of ideals (political and economic)

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Motives of the Founders Political

• Who was involved? What did they want? How (and
  when) did they get it?
• The founders were politicians
• As a group, they were a Political Reform Caucus
  (John Roche)
• Economic and political elites
• Focused on dealing with contemporary problems of
  Articles government
• Operated by debate and compromise
• Aware of political resources and constraints

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Economic Motives New, Expanded Economic Powers

• Key change was that National government got new
  economic powers
• Seems to be evidence for Beard thesis
• Consider how elites benefitted (Beards focus)
• Consider also the broader economic (and
  political) effects and rationales
• Federal taxation
• Why would elites want greater tax power?
• Beard bondholders wanted to be repaid
• More broadly, essential fiscal tool for
  government (debt and taxes)
• National monopoly on tariffs
• Beard reduce shipping costs for merchants,
  manufacturers, plantation owners
• More broadly, create common market
• National monopoly on paper currency
• Broad argument Typical government tool, eases
  coordination problems (cf. establishment of euro)
• Beard creditors wanted to control inflation

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Political Disputes and Compromises

• Not all the disputes about economics
• Property Qualifications for Voting
• Common, strongly supported
• Dispute not about whether to have property
  qualifications, but how to measure property
• Disagreement over proper amount and type of
  property reflected changing economy
• Solution Leave voter qualifications up to
  states
• Connecticut (Great) Compromise
• Representation based on population (VA)
• Representation equal for each state (NJ)
• Both, with bicameral legislature (CT)

10
Disputes over Slavery

• Why didnt the Constitution written in 1787
  abolish slavery?
• How did it actually deal with slavery?
• Never mentioned slave or slavery
• Fugitive slave provision
• Three-Fifths Compromise
• Postponed abolition of slave trade
• Explaining the failure to abolish slavery
• Economic interest (rights of property)
• Political necessity
• Racism

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Political Principles in the Constitution I

• Setting up a Republic, Preventing Democracy
• Consent
• Republics legitimacy based on the consent of
  the governed
• Consent implies dissent can be destabilizing
• Contract defines (specifies) the terms of consent
• How do the governed actually express consent?
• Direct expressions problematic (not required in
  Constitution)
• Obedience and tacit consent are weak and
  ambiguous expressions
• Voting gives voice without too much
  participation

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Political Principles in the Constitution II

• Representation
• Voters choose representatives to make decisions
  (dont make decisions on policy directly)
• Key difference (historically) between republic
  democracy
• Key difference (now) between direct and
  representative democracy
• Majority Rule
• Not rule by the (majority of the) people
• Decisions (by, for) representatives determined by
  majority
• But, this has (dangerous) democratic tendencies

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Political Principles in the Constitution III

• Limited Government
• Response to dangers of republic
• Devolution into democracy (i.e. majority
  tyranny)
• Threatens minority rights
• Rooted in Locke rational individuals will only
  consent to a limited government
• Strategies for Limiting Government Power
• Structural separation of powers, checks and
  balances, federalism
• Substantive civil liberties

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The Struggle for Ratification

• Political Context (September 1787)
• Constitution not imposed nor accepted with
  universal acclaim
• Opponents raised serious objections
• Who ratified?
• Early Successes (Sept. 1787 Feb. 1788)
• Five states ratified by January 1788
• Massachusetts ratified Feb. 1788 by 187-168

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Supporters and Critics of the Constitution

• Federalist Papers
• Begun in fall 1787 to defend/explain the
  Constitution
• Key authors Hamilton (NY) and Madison (VA)
• Key Criticisms
• Anti-Federalists objected broadly to powerful
  national government
• Centralization of power
• National government unaccountable to the people
• No Bill of Rights

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How We Got the Bill of Rights

• Not part of original draft of Constitution
• Its inclusion was a key demand of
  Anti-Federalists
• Federalists struck a deal to get delegate votes
  for ratification
• Pressure can effect change (even) in a republic