- James Madison
- Lived in Orange, Virginia @ location called Montpelier
- One of America’s first PoliSci people, also an engineer, philosopher
- He wanted to know how long-lasting a republic could last, avoid anarchy, war, or oligarchy, turned into his passion project.
- Madison helped design the government, convince people it would work, and laying out logic for future generations
- Helped Shape Constitution
- Based on inalienable right to liberty
II. The Articles of Confederation
- Adopted in 1777, ratified 1781
- Stated were at center, weak central government, states infighting
- Guided America throug its first fwe years
- Why were the Articles of Confederation a alliance of states?
- Citizens did not trust any centralized government above state level, central government only to arbitrate between states.
- Smaller stated demanded equal representation (1 vote per state) to prevent them from being overshadowed.
- Confederate Congress Unicameral
- States were soverign
- What limited the Confederal Government?
- Intentionally weak, could not enforce law, could not raise funds for military
- Could call up military
- Could not tax, asked states for funds
- Backfired, debt not paid
- Soverign states complex foreign policy
- States had the control over money (tax, tariff, trade restrictions), National government controlled the military ( a little bit).
No representative term limit, could be recalled whenever
- No independent judiciary, no enforcement
- Unanimous vote by state reps to amend Articles
- No real national executive branch
- What was the Annapolis Convention?
- Convention to deal with issues above
- 2. Madison and those with similar views seeked to fundamentally reform govt, not optomistic
- Only 5/13 states participated, including Maryland
- Increased chances of reform, called for another convention
- Was there a danger of Rebellion?
- Despite problems, lots of people did not want reform, feared slavery outlaw, less representation, many wary of central gov.
- Shay’s rebellion against Massachusets, same factors in other states, added urgency to reform
- What economic factors led to unrest?
- Shortage of hard money
- Lots of debt
- Unable to pay debts
- Hig taxes to pay off debt, lots of foreclosures
- What Military and Civil issues led to rebellion?
- Many rebels vets
- Focues on targeting courts to end foreclosures
- Mass. passed Riot Act, noconsequences for killing
- Wealthy lended money for army to state
- What were the consequences of Shays Rebellion?
- Convinced George Washington to come back to public life
- Madison convinced him, in order to unify America under him
- Reluctant to attend Philadelphia, but eventually did, gave it legitimacy
- Britain lost due to foreign aid, but foreign aid not there
- Hoping for convention to fail
III. The Constitutional Convention
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- May 1787, 12/13 states, 55 delegates Philly
- RI not there
- Madison First, George leader, expected leader after
- Franklin there, shrewd, debate
- Hamilton federalist
- All ale, mostly educates, 1/3rd slave owners, not representative
- Had political experience
- How were representation and power balanced?
- Selected Washington as leader, Madison in front, basically reporter
- Absolute secrecy, other rules, otherwise harder
- Priority stronger fiscal and military power
- Debates on practicalities
- Example slavery, how it would affect politics and economy
- How were individual rights handled
- Limited government, protect rights
- Separation of powers
- Among branches and states
- Protections mainly in amendments
- Cant use a religious test for federal
- A1S9 forbids writ of habeus corpus except in rebellion or invasion
- Must give reason for arrest
- Must have trial to have guilty
- Forbids prosecuting behavior not crime at time (ex post de facto)
- Hard to prosecute treason, they were treasonous
- How did Congressional Representation work?
- Virginia plan proposed bicameral houses, direct lower house and upper elected by state legislatures, more people, more reps.
- Small states feared they would be outvoted
- New Jersey plan unicameral each state one vote
- Legislature had tax and economy power, but still relied on state power
- Equal representation dealbreaker for smaller states
- What was the greatest compromise?
- 5-4 vote on July 16, Connecticut plan bicameral
- House #s based on state pop. and 2 senators for every state
- Secured some equal representation, less afraid of strong national govt.
- How was the issue of Slavery dealt with?
- ⅙ people were enslaved, ⅓ or delegates owned people
- Plantation owners involved, did not want to get rid of it, but a few objected
- Could have torn up convention, but avoided
- Talked about in terms of state representation
- Word slavery never appears, but other person does
- ⅗ ths of slaves counted as part of reps, but did not get rights
- Southern states more reps
- Compromise on Importation coundn’t restrict slave trade until 1808
- Refugee slaves must be returned
- Delayed the inevitable
- Why?
- Slave owners threatened to leave, AOC would have remained
- What was James Madison’s view on slavery
- Slave owner, but views evolved
- No liberation upon death
- Never able to solve contradictions in Constitutions
- Recognized the enslaved as humans, discussed plan to end slavery
IV. Branches of Government![](https://knowt-user-attachments.s3.amazonaws.com/fc4df304-60e4-49a9-b204-051b4f6442b8.jpg)
- What are Separation of Powers
- Delegates wanted to make sure one branch not too powerful
- Separated institutions sharing powers
- System of checks and balances
- Branch has power prevent another from making policy
- Did not want single executive too powerful congress could Impeach
- Power divided further under federalism
- Central to the American govt. C&B
- Multiple access points for citizens to influence policy, many ways to acces policymakers
- What is the legislative branch?
- Makes laws as congress
- Both houses have to work together
- Slightly different purpose
- Representatives direct election, 2 year terms
- Senators originally state legistautre, 6 years
- Has a lot of control over money
- Can borrow, tax, regulate
- Has implied powers, dramatic expansion of power
- What is the executive branch?
- Single executive
- Carries out laws
- Has veto power over congress
- Can be overridden
- Commander in chief
- Congress declares war
- Influential bureaucracy, foreign policy
- Shared with senate on foreign policy
- Elected by electoral college
- 2 for senators + # of house reps
- What is the judiciary?
- Constitution not very specific
- Supreme Court highest, system of federal courts below
- Jurisdiction between governments of states, states and national government, and citizens and government, or citizens of different states
- They trump state laws and courts
- Judicial Review established in Marbury v. Madison
- Crucial in Civil rights
- Congrss has power to create lower federal courts
- Congress # of justices
- Appointed by president
- Confirmed by senate
- How are changes made to the Constitution?
![](https://knowt-user-attachments.s3.amazonaws.com/1a105796-bc0b-4273-a502-e6739b05f634.jpg)
- Process called amendment
- Purposely slow and difficult
- Only 27 amendments ratified
- Bill of Rights (1st 10) part of debate to ratify constitution itself
- 11 and 18 cancel each other
- A lot of change is in interpretations by the Supreme Court
- Just as or more significant as actual amendments
- How would the Constitution survive into the future?
- Constitution ratified if 9/13 states approved
- Far from certain it would be ratified
V. Ratification: Federalists versus Antifederalists![](https://knowt-user-attachments.s3.amazonaws.com/7ff60fa0-f92f-4402-9de8-d722ecdbdd69.jpg)
- First American Political campaign
- Subject to intense debate
- First national negative political campaign
- What if this happens
- Mainly in print, flooded the country
- Supporters Federalist, opponents Antifederalists
- Antifederalists had to argue against a policy
- Associated negativity, focused on individual rights
- Federalists used fear
- Pointed out poor AOC govt.
- Only way to avoid danger was to ratify constitution
- Had Washington and Franklin on their side
- Split along class distinctions
- Wealthy merchants federalists, along with Southern plantation owners
- Antifederalits tended to be rural, distrusted elites
- 3 main issues
- Feasibility of republic govt. In large country
- Relative power in states vs federal govt.
- Lack of bill of rights in constitution
- Federalists used positive approach
- Had to explain that large republic would work
- Federalist papers written by John Jay, Hamilton, and Madison
- Meant to influence debate
- Basically propaganda
- Madison’s considered most important
- Considered very important in American History
- What was Federalist No. 10?
- Danger of republic is that people would not work their own interest
- Might work together to trample rights of others
- Madison said self interested individuals could use government, factions most challenging part of republic
- Describes problem of faction and how Constitution can fix it
- Group of people united in person or ideology, adverse to rights of others
- Wealth inequality main cause of factions
- Cause of factions can be eliminated through unacceptable means.
- Tyrannical govt. Can suppress factions by suppressing liberties
- Liberty allows factions to exist
- Nation cannot get rid of factions but limit their danger
- He argues that republican form of govt prevents small factions
- Vote overruled by majority
- May cause problems, unable to survive under constitution
- More difficult to control when made up of majority: two ways to mitigate
- Representatives elected by large amount of people
- Large size of republic, too big to blow up
- History proved him right, political parties as factions
- In summary, best way to check power is to have so many factions pitted against one another that no one can gain power
- Countered anti federalist argument that large republic would be too powerful
- What is Tyranny of Minority and Tyranny of Majority?
- Both acknowledged tyranny could take 2 forms
- Disagree with which is more dangerous, how should it be structured.
- Minority small group of people trample on rights of majority, vice versa
- Antifederalists feared minority
- Disconnect, wealthy elite
- Federalists focused more on majority
- Feared poor people take land of wealthy elite
- Madison argued against direct demo in F10
- Republic remedy to trrany
- Federalist 51 outlined republican structure
- Separation of powers, checks and balances
- What was the power of the National Government and States?
- Federalist said their way was nessecary to preserve rights, Antifederalists said Constitution will allow infringement on state authority
- What was Brutus No. 1?
- Antifederalists also feared how govt. Might evolve into tyranny
- Robert Yates, 1787
- Admitted AOC were weak, but Constitution too far
- People’s will drowned out as county grew
- Feared reps would not relinquish powe
- Far away would alienate fro constituent wishes
- Tax power one of greatest worries
- States try to exert authority, seen as clogging US govt. Up, rid of
- Federal military may destroy liberty
- Discusses danger of standing army
- Pwers of states may be overtaken by federalist system
- Ends with plea to reject constitution
- What was Federalist No. 51?
- Many expected US to grow, said that republic would not work in big country
- Antifederalist argued that national govt. Would suppress them as they grew more distant
- Power to tax made threat greater
- States become weaker, fewer checks on power
- Madison knew people were self interested before nation
- Republic must be built with this in mind
- Argues key to no tyranny was to separate powers, one branch not too powerful, prevent trampling of rights
- Bicameralism also prevents too much power form being in single branch
- Federal system w/ national and state powers also defend against tyranny
- Revers back to multiple factions argument in F10
- What was the Bill of Rights?
- Most effective Antifederalist tool, no enumerated rights
- Govt. cant take away
- In some state constitutions
- Topic came up in convention
- To federalist unnecessary, govt. Limited, people sovereign
- Feared disrespect
- Some before and ater supported it strongly
- Effective antifederalist tool, some Americans wary.
- Federalist won but only after promise to propose a bill of rights
- Narrow marings, saw writing on wall, Madison promised to introduce bill of rights
- What were the Founders’ motives?
- Stories have shifted over time
- Accused of preserving class distinctions and guided by privilege
- Charles Beard, argued that Founding Fathers acted to protect their property
- From majority
- Article IV, Congress assumed all state’s debts, many founding fathers debt holders
- Arguments surround protecting group, not individual corruption
- Not all founding fathers wealthy
- Accusations of being undemocratic
- Most people true, saw pure democracy as dangerous, wathced them trample over religious minorities
- Untentional obstacles fo populists and unrestrained popular demands
- Shown in short house terms and senatorial selection
- President chosen by electoral college
- No one explanation adequate for motives of all the framers
- Mixed motives
- Created flexible document, change with times
- Founders practical
- Understood political strats and tricks
- Constitution enormous consequences
- Disagreements continue on state, federal, and individual rights
- Philosophies should be guide into future