1. James Madison
   • 1. Lived in Orange, Virginia @ location called Montpelier
     2. One of America’s first PoliSci people, also an engineer, philosopher
     3. He wanted to know how long-lasting a republic could last, avoid anarchy, war, or oligarchy, turned into his passion project.
     4. Madison helped design the government, convince people it would work, and laying out logic for future generations
     5. Helped Shape Constitution
        1. Based on inalienable right to liberty

II. The Articles of Confederation

• • 1. Adopted in 1777, ratified 1781
    2. Stated were at center, weak central government, states infighting
    3. Guided America throug its first fwe years
  1. Why were the Articles of Confederation a alliance of states?
     1. Citizens did not trust any centralized government above state level, central government only to arbitrate between states.
     2. Smaller stated demanded equal representation (1 vote per state) to prevent them from being overshadowed.
     3. Confederate Congress Unicameral
     4. States were soverign
  2. What limited the Confederal Government?
     1. Intentionally weak, could not enforce law, could not raise funds for military
     2. Could call up military
     3. Could not tax, asked states for funds
        1. Backfired, debt not paid
     4. Soverign states complex foreign policy
     5. 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

• • 1. No independent judiciary, no enforcement
    2. Unanimous vote by state reps to amend Articles
    3. No real national executive branch
  1. What was the Annapolis Convention?
     1. Convention to deal with issues above
     2. 2. Madison and those with similar views seeked to fundamentally reform govt, not optomistic
     3. Only 5/13 states participated, including Maryland
     4. Increased chances of reform, called for another convention
  2. Was there a danger of Rebellion?
     1. Despite problems, lots of people did not want reform, feared slavery outlaw, less representation, many wary of central gov.
     2. Shay’s rebellion against Massachusets, same factors in other states, added urgency to reform
  3. What economic factors led to unrest?
     1. Shortage of hard money
     2. Lots of debt
     3. Unable to pay debts
     4. Hig taxes to pay off debt, lots of foreclosures
  4. What Military and Civil issues led to rebellion?
     1. Many rebels vets
     2. Focues on targeting courts to end foreclosures
     3. Mass. passed Riot Act, noconsequences for killing
     4. Wealthy lended money for army to state
  5. What were the consequences of Shays Rebellion?
     1. Convinced George Washington to come back to public life
        1. Madison convinced him, in order to unify America under him
        2. Reluctant to attend Philadelphia, but eventually did, gave it legitimacy
     2. Britain lost due to foreign aid, but foreign aid not there
        1. Hoping for convention to fail

III. The Constitutional Convention

• • 1. May 1787, 12/13 states, 55 delegates Philly
       1. RI not there
    2. Madison First, George leader, expected leader after
    3. Franklin there, shrewd, debate
    4. Hamilton federalist
    5. All ale, mostly educates, 1/3rd slave owners, not representative
       1. Had political experience
  1. How were representation and power balanced?
     1. Selected Washington as leader, Madison in front, basically reporter
     2. Absolute secrecy, other rules, otherwise harder
     3. Priority stronger fiscal and military power
     4. Debates on practicalities
        1. Example slavery, how it would affect politics and economy
  2. How were individual rights handled
     1. Limited government, protect rights
     2. Separation of powers
        1. Among branches and states
     3. Protections mainly in amendments
        1. Cant use a religious test for federal
     4. A1S9 forbids writ of habeus corpus except in rebellion or invasion
        1. Must give reason for arrest
     5. Must have trial to have guilty
     6. Forbids prosecuting behavior not crime at time (ex post de facto)
     7. Hard to prosecute treason, they were treasonous
  3. How did Congressional Representation work?
     1. Virginia plan proposed bicameral houses, direct lower house and upper elected by state legislatures, more people, more reps.
        1. Small states feared they would be outvoted
     2. New Jersey plan unicameral each state one vote
        1. Legislature had tax and economy power, but still relied on state power
        2. Equal representation dealbreaker for smaller states
  4. What was the greatest compromise?
     1. 5-4 vote on July 16, Connecticut plan bicameral
        1. House #s based on state pop. and 2 senators for every state
        2. Secured some equal representation, less afraid of strong national govt.
  5. How was the issue of Slavery dealt with?
     1. ⅙ people were enslaved, ⅓ or delegates owned people
     2. Plantation owners involved, did not want to get rid of it, but a few objected
        1. Could have torn up convention, but avoided
        2. Talked about in terms of state representation
     3. Word slavery never appears, but other person does
        1. ⅗ ths of slaves counted as part of reps, but did not get rights
           1. Southern states more reps
     4. Compromise on Importation coundn’t restrict slave trade until 1808
     5. Refugee slaves must be returned
     6. Delayed the inevitable
     7. Why?
        1. Slave owners threatened to leave, AOC would have remained
  6. What was James Madison’s view on slavery
     1. Slave owner, but views evolved
        1. No liberation upon death
     2. Never able to solve contradictions in Constitutions
     3. Recognized the enslaved as humans, discussed plan to end slavery

IV. Branches of Government

• 1. What are Separation of Powers
     1. Delegates wanted to make sure one branch not too powerful
        1. Separated institutions sharing powers
     2. System of checks and balances
        1. Branch has power prevent another from making policy
        2. Did not want single executive too powerful congress could Impeach
     3. Power divided further under federalism
        1. Central to the American govt. C&B
     4. Multiple access points for citizens to influence policy, many ways to acces policymakers
  2. What is the legislative branch?
     1. Makes laws as congress
     2. Both houses have to work together
        1. Slightly different purpose
     3. Representatives direct election, 2 year terms
        1. Senators originally state legistautre, 6 years
     4. Has a lot of control over money
        1. Can borrow, tax, regulate
     5. Has implied powers, dramatic expansion of power
  3. What is the executive branch?
     1. Single executive
     2. Carries out laws
     3. Has veto power over congress
        1. Can be overridden
     4. Commander in chief
        1. Congress declares war
     5. Influential bureaucracy, foreign policy
        1. Shared with senate on foreign policy
     6. Elected by electoral college
        1. 2 for senators + # of house reps
  4. What is the judiciary?
     1. Constitution not very specific
     2. Supreme Court highest, system of federal courts below
        1. Jurisdiction between governments of states, states and national government, and citizens and government, or citizens of different states
        2. They trump state laws and courts
        3. Judicial Review established in Marbury v. Madison
     3. Crucial in Civil rights
     4. Congrss has power to create lower federal courts
     5. Congress # of justices
        1. Appointed by president
        2. Confirmed by senate
  5. How are changes made to the Constitution?
     1. Process called amendment
        1. Purposely slow and difficult
     2. Only 27 amendments ratified
     3. Bill of Rights (1st 10) part of debate to ratify constitution itself
     4. 11 and 18 cancel each other
     5. A lot of change is in interpretations by the Supreme Court
        1. Just as or more significant as actual amendments
  6. How would the Constitution survive into the future?
     1. Constitution ratified if 9/13 states approved
     2. Far from certain it would be ratified

V. Ratification: Federalists versus Antifederalists

• • 1. First American Political campaign
    2. Subject to intense debate
    3. First national negative political campaign
       1. What if this happens
    4. Mainly in print, flooded the country
    5. Supporters Federalist, opponents Antifederalists
    6. Antifederalists had to argue against a policy
       1. Associated negativity, focused on individual rights
    7. Federalists used fear
       1. Pointed out poor AOC govt.
       2. Only way to avoid danger was to ratify constitution
       3. Had Washington and Franklin on their side
    8. Split along class distinctions
       1. Wealthy merchants federalists, along with Southern plantation owners
       2. Antifederalits tended to be rural, distrusted elites
    9. 3 main issues
       1. Feasibility of republic govt. In large country
       2. Relative power in states vs federal govt.
       3. Lack of bill of rights in constitution
    10. Federalists used positive approach
        1. Had to explain that large republic would work
        2. Federalist papers written by John Jay, Hamilton, and Madison
           1. Meant to influence debate
           2. Basically propaganda
           3. Madison’s considered most important
           4. Considered very important in American History
  1. What was Federalist No. 10?
     1. Danger of republic is that people would not work their own interest
        1. Might work together to trample rights of others
     2. Madison said self interested individuals could use government, factions most challenging part of republic
     3. Describes problem of faction and how Constitution can fix it
        1. Group of people united in person or ideology, adverse to rights of others
     4. Wealth inequality main cause of factions
     5. Cause of factions can be eliminated through unacceptable means.
     6. Tyrannical govt. Can suppress factions by suppressing liberties
        1. Liberty allows factions to exist
     7. Nation cannot get rid of factions but limit their danger
        1. He argues that republican form of govt prevents small factions
        2. Vote overruled by majority
     8. May cause problems, unable to survive under constitution
     9. More difficult to control when made up of majority: two ways to mitigate
        1. Representatives elected by large amount of people
        2. Large size of republic, too big to blow up
     10. History proved him right, political parties as factions
     11. In summary, best way to check power is to have so many factions pitted against one another that no one can gain power
         1. Countered anti federalist argument that large republic would be too powerful
  2. What is Tyranny of Minority and Tyranny of Majority?
     1. Both acknowledged tyranny could take 2 forms
        1. Disagree with which is more dangerous, how should it be structured.
     2. Minority small group of people trample on rights of majority, vice versa
     3. Antifederalists feared minority
        1. Disconnect, wealthy elite
     4. Federalists focused more on majority
        1. Feared poor people take land of wealthy elite
     5. Madison argued against direct demo in F10
        1. Republic remedy to trrany
     6. Federalist 51 outlined republican structure
        1. Separation of powers, checks and balances
  3. What was the power of the National Government and States?
     1. Federalist said their way was nessecary to preserve rights, Antifederalists said Constitution will allow infringement on state authority
  4. What was Brutus No. 1?
     1. Antifederalists also feared how govt. Might evolve into tyranny
     2. Robert Yates, 1787
     3. Admitted AOC were weak, but Constitution too far
        1. People’s will drowned out as county grew
        2. Feared reps would not relinquish powe
           1. Far away would alienate fro constituent wishes
     4. Tax power one of greatest worries
        1. States try to exert authority, seen as clogging US govt. Up, rid of
     5. Federal military may destroy liberty
        1. Discusses danger of standing army
     6. Pwers of states may be overtaken by federalist system
     7. Ends with plea to reject constitution
  5. What was Federalist No. 51?
     1. Many expected US to grow, said that republic would not work in big country
     2. Antifederalist argued that national govt. Would suppress them as they grew more distant
     3. Power to tax made threat greater
     4. States become weaker, fewer checks on power
     5. Madison knew people were self interested before nation
        1. Republic must be built with this in mind
     6. Argues key to no tyranny was to separate powers, one branch not too powerful, prevent trampling of rights
     7. Bicameralism also prevents too much power form being in single branch
     8. Federal system w/ national and state powers also defend against tyranny
     9. Revers back to multiple factions argument in F10
  6. What was the Bill of Rights?
     1. Most effective Antifederalist tool, no enumerated rights
        1. Govt. cant take away
        2. In some state constitutions
     2. Topic came up in convention
     3. To federalist unnecessary, govt. Limited, people sovereign
        1. Feared disrespect
     4. Some before and ater supported it strongly
        1. Effective antifederalist tool, some Americans wary.
     5. Federalist won but only after promise to propose a bill of rights
     6. Narrow marings, saw writing on wall, Madison promised to introduce bill of rights
  7. What were the Founders’ motives?
     1. Stories have shifted over time
     2. Accused of preserving class distinctions and guided by privilege
     3. Charles Beard, argued that Founding Fathers acted to protect their property
        1. From majority
     4. Article IV, Congress assumed all state’s debts, many founding fathers debt holders
        1. Arguments surround protecting group, not individual corruption
     5. Not all founding fathers wealthy
     6. Accusations of being undemocratic
        1. Most people true, saw pure democracy as dangerous, wathced them trample over religious minorities
        2. Untentional obstacles fo populists and unrestrained popular demands
        3. Shown in short house terms and senatorial selection
        4. President chosen by electoral college
     7. No one explanation adequate for motives of all the framers
        1. Mixed motives
     8. Created flexible document, change with times
     9. Founders practical
        1. Understood political strats and tricks
        2. Constitution enormous consequences
     10. Disagreements continue on state, federal, and individual rights
         1. Philosophies should be guide into future