Constitutional Foundations: From Declaration to the Constitution

Origins and Path to Independence

  • East Coast colonies; merchants, farmers, shopkeepers unhappy with British rule; boycott of British goods.
  • Boston Tea Party as key tipping point; push toward independence.
  • Continental Congress forms to plan self-rule; Declaration of Independence (1776) asserts unalienable rights (life, liberty, pursuit of happiness) and independence from King George III; not a constitution.

From Independence to a Weak Confederation: Articles of Confederation

  • First attempt at a national government; 13 states retain sovereignty.
  • Central government very weak; limited ability to regulate trade, settle disputes, or enforce laws; power stays with states.
  • Early problems include cross-state commerce issues and uprisings like Shays' Rebellion, highlighting need for a stronger central authority.

The Constitutional Convention (1787) and Key Figures

  • Held in Philadelphia May 25 – Sep 17, 1787; representatives from all 13 colonies.
  • George Washington (presiding), James Madison (architect of many ideas), James Wilson (champion of the people), Benjamin Franklin (elder statesman).
  • Philosophical influences discussed:
    • Thomas Hobbes: contract theory and need for government with limited power
    • John Locke: natural rights, social contract, consent of the governed
    • Montesquieu: separation of powers to prevent tyranny
  • The Constitution builds on these ideas and reflects the era’s thinking about legitimacy and governance.

Core Principles in Play

  • Social contract, limited government, protection of rights; consent of the governed.
  • Separation of powers and checks and balances to prevent tyranny.
  • Federalism: division of power between state governments and the national government.

Structure of the New Government: Presidential System and Elections

  • Debate over leadership: a separate president (not a monarch) distinct from Congress; no direct prime minister role.
  • Election method: compromise via Electoral College; indirect selection balances popular input with guardrails against mob rule.
  • Presidency was to be an independent office; early design anticipated George Washington’s leadership; no political parties at the time of drafting.

Representation and the Great Compromise

  • Virginia Plan: representation by population (larger states favored).
  • New Jersey Plan: equal representation for each state (small states favored).
  • Connecticut Compromise: House of Representatives based on population; Senate with equal representation (two seats per state).
  • Allocation of seats affects both Congress and the Electoral College; Senate structure helps protect smaller states.

Counting the Population: The Three-Fifths Compromise

  • How enslaved people counted for representation and presidential votes:
    • Enslaved people counted as rac{3}{5} of a person for representation and electoral calculations.
  • Motivations: slaveholding states sought more political power; moral objections raised by Gouverneur Morris.
  • Impact: increased power for slave states; controversy and debate; ultimately used to pass the Constitution.

Final Notes

  • The Constitution establishes a stronger central government while preserving state powers; introduces checks and balances and federalism.
  • The presidential system, Electoral College, and the House-Senate division shape how power is distributed; debates around slavery and rights continue to influence American governance.