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David Lester AP Gov Mrs. Swanstrom 09/01/11 Ch 2 Outline I. The Problem of Liberty: A.

The Colonial Mind  Colonists believed that because British politicians were corrupt and that the English Constitution was inadequate.  Most believed in a higher law of natural rights that included life, liberty and property.  Few colonists benefited economically from gaining independence so it was a war of ideology, not economy  The Declaration of Independence lists specific complaints the colonists had against King George III. Ex: violating their inalienable rights. B. The Real Revolution  Colonists’ beliefs about what made authority legitimate and liberties secure changed radically changed and they developed a new vision.  They started to believe it was a government by consent, not by prerogative.  The Constitution was a direct grant of power from the governed to the governors. Not by tradition.  Human liberty came before government  The colonists wanted the legislative branch to be superior to the executive branch to eliminate any chance of a dictator. C. Weaknesses of the Confederation  Could not levy taxes or regulate commerce  Little more than a “league of friendship” between the states- no legitimate power over states  Each state had one vote in congress  9/13 states were required to ratify any law  Delegates were picked AND paid for by the legislature  Little power to coin money  Small army because no taxes=no money. State militias were primary defense  Territorial disputes between states were a problem  No national judicial system to deal with interstate problems  All 13 states consent necessary for any amendments II. The Constitutional Convention: A. The Lessons of Experience  Lessons learned from writing the constitutions of states like Pennsylvania and Massachusetts helped the framers. Penn.= too strong and too democratic, Mass.= too weak, not democratic

The Constitution and Democracy:  The founders did not intend to create a pure democracy because the country was too large to be possible  They also mistrusted people and believed that popular passions would lead to mistakes  They intended to create a republic with a representative system B. Popular rule only part of the government  State legislators were to elect senators  Electors to choose president  Two kinds of majority: voters and states  Judicial review was another limiting factor . John Adams. “Men of practical affairs”. Samuel Adams and Patrick Henry did not attend for various reasons  Intended to fix the articles. based on population  Senate with two members per state  Balanced interests of big and small states  The “Committee of Detail” drafted the Constitution and added in a few new proposals IV. The New Jersey Plan  Wanted to amend the articles rather than replace them  Proposed one vote per state  Protected the small states interests but was bad for larger states (larger population-wise) C. Democracies and Aristocracies were both flawed and a government controlled by a constitution did not stop threat of tyranny III. The Virginia Plan  Design for a true national government  Bicameral Legislature  Executive chosen by legislature  “Council of revision” with veto power  A National legislature with supreme powers and a house elected directly by people were two key features B. The Challenge: A. not write a new Constitution  Influenced by ideas of John Locke and other philosophers  Many doubted that popular consent could guarantee liberty  Needed a strong government for order but one that also would not threaten liberty. The Framers  Mostly young men with experience and well to do.enough  Shay’s Rebellion instilled a fear of collapse of states B. not intellectuals  Jefferson. The Compromise  House of Rep.

no religious tests. no ex post facto law. The Amendment process allowed for changes to be made C. Government and Human Nature  Aristotelian View. from passions  Bill of Rights was left out because of guarantees in the Constitution: habeas Corpus. Economic Interests at The Convention  Economic interests varied widely  Those who owned government debt supported Constitution  No clear division among class lines . privileges and immunities. The Motives of the Framers: A. Key Principles  Separation of powers  Federalism D.60 percent of slaves counted for representation  No slavery legislation possible before 1808  Escaped slaves to be taken back to owners  Postponed problems for later-Civil War VI.Government should improve human nature by cultivating virtue  Madisonian View. most states had a bill of rights and it was an attempt to limit the federal government to specific powers B. Need for a Bill of Rights  Ratification impossible without one  Leaders promised one  Ratification was barely successful C. The Constitution and Slavery  Virtually unmentioned in Constitution  Hypocrisy of Declaration signers  Necessary to compromise for ratification  2/3 compromise. trial by jury. Antifederalist View  Liberty can only be secure in small republics  National government too far from people in large republics  A strong national government would destroy state’s rights  There should be more restrictions on government  Madison responded to this by stating that liberty is actually safest in large republics because there’s less of a chance of coalitions and it will insulate govt. No bill of attainder. The Constitution and Liberty: A.cultivation of virtue would require a government that was too strong. too dangerous and would discourage people to pursue self interest  Federalism allows one level of government to act as a check on the other V. obligation of contracts.

Antifederalists  Favor: merchants. holders of government IOU’s. Who is Right?  Cannot be said who is right but history shows this system has worked and changes in response to new times  More successful than most other government systems  .State considerations outweighed personal considerations except for slavery B. owners of western land. slave-owners C. to produce better policies  Government agencies exposed to undue interference  Cabinet members should be chosen from Congress  President should be able to dissolve Congress  Empower Congress to require a special presidential election  Require presidential/congressional terms  Make a single six year term for president  Lengthen terms in house to 4 years B. Constitutional Reform. The Constitution and Equality  Government is too weak today according to critics  Bows to special interests  Fosters economics inequality  Liberty and equality are in constant conflict VII. urbanites. Economic Interests and Ratification  Played a larger role in state ratifying conventions  Remarkably democratic process  Federalists vs. those with no IOU’s. non-slave owners  Opposed: farmers. accountable. Making the System less Democratic  Government does too much. Reducing the Separation of Powers  Urgent problems cannot be solved fast  President needs to be more powerful. not too little  Attention to individuals over general preferences  Limit amounts of taxes collectible  Require a balanced budget  Grant president a true line-item veto  Narrow authority of federal courts C.Modern Views: A.