The Founding

The Founding

Disclaimer

The Founders had disagreements on governmental aspects.
It's hard to know the intent of the Constitution due to these disagreements.

Theoretical Origins of Government

Government arises from giving up sovereignty for protection and stability.
State: Monopoly of legitimate force within its territory.

Why Government?

State of nature: life is nasty, short, and brutish.
Government needed for order/protection.
Thomas Hobbes: Social contract with an absolute ruler.
John Locke: Individual consent and self-governing.

Thomas Hobbes

Leviathan: strong central government needed to avoid discord and civil war.
State of nature: "war of all against all".
People cede to a social contract for safety and prosperity.
Only a strong authority can prevent competing ideas and interests.

John Locke

"Father of Liberalism".
Individuals in a state of nature are morally bound not to harm each other.
Government defends individuals against those seeking to injure or enslave them.
Locke: "life, health, liberty, and possessions".

John Locke and Government

Government's legitimacy comes from citizens delegating their right of self-defense.
Government acts as an impartial agent of self-defense.
Government derives its power from the consent of the governed, institutions being fair and recognition of the rules.

Perfect Government

Could a perfect government be achieved, what institutions should exist, rules?

First Founding: Interest and Conflicts

Americans had different financial interests prior to the Revolution.
Conflicting economic interests are long-standing in American politics.
Narrows into two camps: Federalists and anti-Federalists.

Interests & Conflicts: Early Tax Revolts

Sugar Act 1764: Enforced tax on molasses.
Stamp Act 1765: Required printed material to have a stamp.
Merchants and wealthy planters were fine with British rule until taxes.
Taxes during an economic depression hit the wealthy hardest.
Symbolic rebellion: boycott of stamps and molasses.

Boston Tea Party

East India Trade Company sought to bypass merchants and sell directly to colonists.
Goal was to provoke a government clampdown to signal British were unreasonable.
Support from other colonies showed widespread support for Revolutionary activities.
Leaders believed they could coordinate a revolution.

Thomas Paine

Paine’s “Common Sense” pamphlet argues against British rule.
Pamphlet was incendiary and popular as writing was lay person and provided strong arguments.
Paine supported by elites until ideas threatened the elite class.

Agrarian Justice

Paine advocates for progressive policies.
Paine received hate as his ideas threatened the wealthy.
Paine argues people cannot own property and should pay a tax on it.
Advocates for a scheme similar to social security and giving young adults a payment to start life.

“Common Sense” Complaints

It was absurd for an island to rule a continent.
America was composed of influences from all of Europe, not just British.
Britain's actions were horrendous and would drag America into unnecessary wars.
Distance made governing the colonies from England unwieldy.
Puritans sought a safe haven from British rule.
Britain ruled the colonies for her own benefit.

Declaration of Independence

Ultimate breakup letter.
Were colonists fighting for liberty, equality, and democracy?
Were colonists justified in their rebellion?

Goals of the Declaration

Justify revolt - unalienable rights violated by the King.
Unify the colonists - agreement and recognition of grievances.
Gain sympathy - outside countries and inside within Britain.
Note: not intended to be a governing document.

Declaration of Independence: Goals

Forming a government that puts values into practice to meet three primary goals:
Limit the power of the government
Maximize individual freedom
Temper selfish nature of individuals

Independence - Solutions

Democracy, or at least a non-pure form of democracy.
Constitutional government - limited power of government, predictability.
Democracy - “rule by the many, the people”.
Republic - indirect system of representation (federal).
Framers feared losing their wealth if a poor majority controlled government.

Articles of Confederation

Articles of Confederation (1777-1789).
13-state confederation.
One chamber national legislature (Republic).
Weak central government - no president, only a legislature.
Impractical government - each state one vote, all 13 for amendments.
Colonies could not create treaties.
No military - up to state.
No taxing authority - states could create their own currency.

Articles of Confederation (cont.)

“league of friendship with each other, for their common defense”.
“no person shall be capable of being a delegate for more than three years of a six year term”.
“no vessels of war shall be kept up in time of peace by any state, except such a number only, as shall be deemed necessary”.
“all charges of war… shall be defrayed out of a common treasury”.
“Canada acceding to this confederation…shall be admitted”.

Articles of Confederation: Rationale

Distrust of strong central government.
Literal home rule.
States weren't interested in conceding power to a central government.

Problems of Articles

Articles were an extreme failure.
Annapolis Convention (1786) led to a call for an additional convention in Philadelphia.

Shay’s Rebellion

Winter 1787, Shay leads army against federal arsenal at Springfield, MA to prevent court from repossessing land.
Government had no army to prevent rebellion proving weakness of the Articles among majority.

Shay’s Rebellion (cont.)

Goal: to prevent court from repossessing land.
Warrants were issued for protesters piror to armed rebellion.
Governor Bowdoin raised money for a privately funded millitia to squash protests.
Shay's army democratically elected through committees.
Bowdoin would lose the next election to John Hancock. 4 killed, 2 hung, 1 killed on gov side.