Chapter 2 - The Constitution

What were the beliefs of the Founders of the constitution?

• British politicians abused their power

• English constitution was inadequate

• Higher law of natural rights

• War of ideology, not economics

• Specifically angry with George III for violating inalienable rights

Why did the founders believe that British politicians were corrupt?

• Believed that the British leaders abused their power and did not protect citizen’s rights

• They believed that this corruption was proof that power must be limited - CORE BELIEF BEHIND CHECKS AND BALANCES

What was the idea behind the belief in a higher law of natural rights?

• Colonists believed that they were subject to rights of life, liberty, and pursuit of happiness (was previously property) as stated by John Locke

• These rights come from god or nature, not from government

• If the government violates these rights, people can rebel - the core justification for independence

Why was the American Revolution a war of ideology, not economics

• It wasn’t mainly about taxes or trade

• It was about ideas: freedom, representation, and consent of the governed

• Colonists wanted a system where liberty came first, not royal control

What were the King’s abuses of power, as stated in the Declaration of Independence?

• Taxation without representation

• Dissolving colonial legislatures

• Keeping standing armies in peacetime

• Obstructing justice

What was the true revolution based on?

It wasn’t just about defeating Britain, but about radical change in how people viewed government and power.

What did the government look like before/after the revolution?

• Before = Power came from Kings

• After = Power comes from the consent of the governed

What is prerogative government?

A government where decisions are made by one person or group independent of the opinions or general law of others. 

What was the new American idea about government?

Governments exist only because the people agree to be governed

Why did the American Founder’s write a constiution?

• Unlike Britain’s unwritten traditions, they wanted a written constitution that clearly limited governmental power

What is the constitution?

A document that explicitly divides and limits power

What was the overall idea of human liberty?

• Liberty wasn’t something government gave, it was something people already had

• The government’s responsibility was to protect liberty, not create it.

Why was the legislature made more powerful than the executive branch

Colonists distrusted executive power and feared the concentration of power towards one person or group.

What is the legislative branch?

• the governmental body responsible for making laws and impeaching the president

• Congress

• Composed of House of Representatives and the Senate

What is the executive branch?

• Branch responsible for implementing and enforcing laws written by congress

• Includes President, Vice President, and Cabinet

What is the judicial branch?

• In charge of interpreting laws, resolving legal disputes

• Composed of the Supreme Court

What was bad about the inability of the government to levy taxes or regulate commerce under the ARTICLES OF CONFEDERATION

• Congress couldnt collect taxes, so there was no money for an army or debt payments

• States could tax each other, possibly leading to trade wars

What was bad about the sovereignty and independence retained by states under the ARTICLES OF CONFEDERATION?

• Each state acted like its own country, they were not united

What was bad about having one vote for each state under the ARTICLES OF CONFEDERATION

• Population didn’t matter, big and small states had equal power

What was bad about requiring 9 of 13 states for any measure under the ARTICLES OF CONFEDERATION

• Made passing laws very difficult

What was bad about delegates being picked and paid by state legislatures under the ARTICLES OF CONFEDERATION

• The national government depended completely on the states for participation

What was bad about the lack of money coined by congress under the ARTICLES OF CONFEDERATION

• Congress couldn’t make its own stable currency

What was bad about having a small army, dependent on state militias under the ARTICLES OF CONFEDERATION

• There existed no strong defense

• The states often ignored national military needs

What was bad about the territorial disputes between states under the ARTICLES OF CONFEDERATION

• States argued over borders and land in the West

What was bad about the having no judicial system under the ARTICLES OF CONFEDERATION

• There was no Supreme court or national courts to settle disputes

What was bad about the needing all 13 states’ consent for any amendment under the ARTICLES OF CONFEDERATION

• Any change to the Articles of Confederation required unanimous approval - which was nearly impossible to get.