Lecture 1.1 - Constitutional Foundations
1. The Convention
•Why was King George III considered a tyrant?
-1770s
-Under rule of King Goerge III who was a tyrant
-Harsh taxes- Stamp Act, Sugar Act etc.
-Coalition of New England merchants, Southern planters, shopkeepers, labourers, artisans, and small farmers to boycott British goods
•What document came out of the first Continental Congress?
Boston Tea Party (December 16, 1773) led to convening of the first Continental Congress
-Delegates from the 13 colonies
-Called for British goods boycott
-Set foundation for the DEclaration of Independence (1776)
-Written by Thomas Jefferson
-Called for “unalienable rights” including life, liberty, and pursuit of happiness
Articles of Confederation (1776)- The First Constitution
-Limits the power of central government
-Preserves independence and sovereignty of the states
-Shay’s Rebellion (in Springfield, MA) highlighted government’s weakness under the Articles
-Also issues in regulating trade and solving disputes across borders
=NEED FOR A BETTER, REVISED DOCUMENT> CONSTITUTIONAL CONVENTION
–When and where was the Constitutional Convention held?
Independence Hall, Philadelphia, May 25-Sept 17 1787
James Madison of Virginia: The First to Arrive
–Who was the Convention Chair (person in charge of proceedings)?
George Washington
–Who is James Wilson? Why is he important?
Constitutional Philosopher: James Wilson of Pennsylvania
-The other key voice at the convention.
-Believed strongly in the will of the people and is responsible for “We the people of the United States”
Elder (81 years old) Statesman: Benjamin Franklin
2. Philosophical Underpinnings
•What is contract theory (Hobbes)?
Government-less state of nature is “solitary, poor, nasty, brutish, and short"
Need to limit government power
Contract theory: people give up some freedoms in exchange for an ordered society.
•Besides safety, what else does the government need to protect according to John Locke?
-People retain rights despite the social contract
-Preserving safety not enough
-People’s lives, liberties and property also require protection
-People have a right to overthrow an unjust or tyrannical government (used to justify Declaration of Independence)
–What two core ideas did John Locke advance?
Locke advanced the idea of limited government and the consent of the governed.
•What core idea did Montesquieu advocate for in government?
-Power needs to be balanced by power to guard against tyranny
-Separation of powers
THESE IDEAS UNDERPIN THE CONSTITUTION AND THE PRINCIPLES OF THE AMERICAN GOVERNMENT
3. Core Principles
•What are the four core principles of the American Government?
–Bicameralism
-Legislative branch divided into two parts (Senate and house in U.S.)
-House is closer to the people, Senate is “wise”, more stable, and is supposed to guard against bad decisions by the people.
–Separation of Powers
- Three branches of government: Legislature (make laws), Executive (enacts laws), Judiciary (interprets laws).
–Check and Balances
-Three branches are linked and can check/ influence one another (e.g. Presidential veto, veto override, judicial review of laws)
–Federalism
- The Constitution divides power between the central/ internal government and state government.
The New Leader
•What was the core debate about what kind of leader the new country should have?
-Wanted to avoid another King George situation but weary of giving the people too much power (mob rule/ populism concerns)
-Madison- elected by legislature
-Hamilton- an elected monarch
-Wilson- elected by the people
Which framer advocated for a democratically elected leader?
Elected College Compromise: election by the people with a safeguard of “wise electors” able to overrule the vote
•What was the Electoral College compromise?
The number of Electoral College votes is equal to the number of seats in Congress (currently 535) plus 3 electors for Washington D.C.
How you allocate seats in Congress between States= electrical power of States in electing the President.
Dividing Power Between States
•Main issue of contention
•The Virginia Plan
-Number of representatives per state determined by population size
•The New Jersey Plan
-Set number of representative per state
•The Connecticut Compromise
-House of Representatives= based on State population size
-Senate= set number (2) of representatives per State
Counting the Population
Context: very few people were eligible to vote: (white) male, property owners
•Main issue of contention
Issue: Disparity in percent of population that is enslaved people
-Counting enslaved people as part of population would give me more power
-Would also incentivize increasing size of enslaved population to increase political power
-South Carolina: 43% of population (in 1790)
-Georgia: 35% of population
-Virginia: 34% of population
-Delaware: 15% of population
-Overall: 34% (or 700,000 enslaved people in the U.S.)
•The Three-Fifths Compromise
-Slave Economy States (e.g. VA, SC, NC): All people, including enslaved people should be counted
-Non-Slave Economy States: Enslaved people shouldn't count since they cannot vote.
-Resolved by The “three-fifths compromise
-Enslaved persons to count as three-fifths of a person
-Not really a compromise
-Attendees were using slavery as a political tool in fight for power