The Constitution
- The problem of liberty
- The colonial mind
- Belief that because British politicians were corrupt, the English constitution was inadequate
- Belief in higher law of natural rights
- Life
- Liberty
- Property (Jefferson notwithstanding)
- A war of ideology, not economics
- Specific complaints against George III for violating unalienable rights
- The "real" revolution
- The "real" revolution was the radical change in belief about what made authority legitimate and liberties secure.
- Government by consent, not by prerogative
- Direct grant of power: written constitution
- Human liberty before government
- Legislature superior to executive branch
- Weaknesses of the confederation
- Could not levy taxes or regulate commerce
- Sovereignty, independence retained by states
- One vote in Congress for each state
- Nine of thirteen votes in Congress required for any measure
- Delegates picked, paid for by legislatures
- Little money coined by Congress
- Army small; dependent on state militias
- Territorial disputes between states
- No national judicial system
- All thirteen states' consent necessary for any amendments
- The Constitutional Convention
- The lessons of experience
- State constitutions
- Pennsylvania: too strong, too democratic
- Massachusetts: too weak, less democratic
- Shays's Rebellion led to the fear the states were about to collapse.
- The Framers
- Who came: men of practical affairs
- Who did not come
- Intent to write an entirely new constitution
- Lockean influence
- Doubts that popular consent could guarantee liberty
- Results: "a delicate problem"; need strong government for order but one that would not threaten liberty
- Democracy of that day not the solution
- Aristocracy not a solution either
- Government with constitutional limits no guarantee against tyranny
- The challenge
- The Virginia Plan
- Design for a true national government
- Two houses in legislature
- Executive chosen by legislature
- Council of revision with veto power
- Two key features of the plan
- National legislature with supreme powers
- One house elected directly by the people
- The New Jersey Plan
- Sought to amend rather than replace the Articles
- Proposed one vote per state
- Protected small states' interests
- The compromise
- House of Representatives based on population
- Senate of two members per state
- Reconciled interests of big and small states
- Committee of Detail
- The Constitution and democracy
- Founders did not intend to create pure democracy
- Physical impossibility in a vast country
- Mistrust of popular passions
- Intent instead to create a republic with a system of representation
- Popular rule only one element of the new government
- State legislators to elect senators
- Electors to choose president
- Two kinds of majorities: voters and states
- Judicial review another limitation
- Amendment process
- Key principles
- Separation of powers
- Federalism
- Government and human nature
- Aristotelian view: government should improve human nature by cultivating virtue
- Madisonian view: cultivation of virtue would require a government too strong, too dangerous; self-interest should be freely pursued
- Federalism enables one level of government to act as a check on the other
- The Constitution and liberty
- Whether constitutional government was to respect personal liberties is a difficult question; ratification by conventions in at least nine states a democratic feature but a technically illegal one
- The Antifederalist view
- Liberty could be secure only in small republics.
- In big republics national government would be distant from people.
- Strong national government would use its powers to annihilate state functions.
- There should be many more restrictions on government.
- Madison's response: personal liberty safest in large ("extended") republics
- Coalitions likely more moderate there
- Government should be somewhat distant to be insulated from passions
- Reasons for the absence of a bill of rights
- Several guarantees in Constitution
- Habeas corpus
- No bill of attainder
- No ex post facto law
- Trial by jury
- Privileges and immunities
- No religious tests
- Obligation of contracts
- Most states had bills of rights.
- Intent to limit federal government to specific powers
- Need for a bill of rights
- Ratification impossible without one
- Promise by key leaders to obtain one
- Bitter ratification narrowly successful
- The Constitution and slavery
- Slavery virtually unmentioned
- Apparent hypocrisy of Declaration signers
- Necessity of compromise: otherwise no ratification
- Sixty percent of slaves counted for representation.
- No slavery legislation possible before 1808
- Escaped slaves to be returned to masters
- Legacy: Civil War, continuing problems
- The motives of the Framers
- Acted out of a mixture of motives; economic interests played modest role
- Economic interests of framers varied widely
- Economic interests of Framers varied widely
- Beard: those who owned governmental debt supported Constitution
- However, no clear division along class lines found
- Recent research: state considerations outweighed personal considerations; exception: slaveholders
- Economic interests and ratification
- Played larger role in state ratifying conventions
- In favor: merchants, urbanites, owners of western land, holders of government IOUs, non-slave owners
- Opposed: farmers, people who held no IOUs, slaveowners
- But remarkably democratic process because most could vote for delegates
- Federalists versus Antifederalists on ideas of liberty
- The Constitution and equality
- Critics: government today is too weak
- Bows to special interests
- Fosters economic inequality
- Liberty and equality are therefore in conflict
- Framers more concerned with political inequality; weak government reduces political privilege
- Constitutional reform--modern views
- Reducing the separation of powers to enhance national leadership
- Urgent problems remain unresolved
- President should be more powerful, accountable, to produce better policies
- Government agencies exposed to undue interference
- Proposals
- Choose cabinet members from Congress
- Allow president to dissolve Congress
- Empower Congress to require special presidential election
- Require presidential/congressional terms
- Establish single six-year term for president
- Lengthen terms in House to four years
- Contrary arguments: results uncertain, worse
- Making the system less democratic
- Government does too much, not too little
- Attention to individual wants over general preferences
- Proposals
- Limit amount of taxes collectible
- Require a balanced budget
- Grant president a true line-item veto
- Narrow authority of federal courts
- Contrary arguments: unworkable or open to evasion
- Who is right?
- Decide nothing now
- Crucial questions
- How well has it worked in history?
- How well has it worked in comparison with other constitutions