2.1 The ideas behind the American Revolution and their role in shaping the Constitution
Core ideas driving independence: natural rights, consent of the governed, social contract, and limited government.
Natural rights: inherent rights including life, liberty, and the pursuit of happiness; government’s purpose is to secure these rights.
Consent of the governed and social contract: legitimacy of government rests on the people’s agreement and ongoing consent.
Limitation on government power: government should be restricted to protect rights; standing laws and checks on power are essential.
Locke influence: natural rights, government by consent, and resistance to tyranny informed the Revolution and the Constitution.
Declaration of Independence (1776) as philosophy and justification: emphasizes rights and the right to revolt when abuses become intolerable; helped rally foreign support (e.g., France).
Common Sense (1776) by Thomas Paine: catalyzed demand for independence and broadened popular support.
The American Creed: primacy of individuals, equality (not universal for all groups at the time), and the idea that governments derive legitimacy from the people.
Key contrasts to monarchies: rejection of divine-right rule; emphasis on popular sovereignty and republican government.
2.2 The Government that Failed: weaknesses of the Articles of Confederation
Structure: a confederation with a unicameral Congress; states retained most sovereignty.
Central government weaknesses: no president, no national court, no power to tax, no power to regulate commerce; only a loose national legislature with limited powers.
Amendments required unanimous state consent; delays and gridlock hindered action.
Economic and strategic problems: inability to raise funds, regulate interstate commerce, or enforce laws; weak national defense.
Northwest Ordinance (1787): a notable success, encouraging orderly development but not enough to stabilize the system.
Shays’ Rebellion (1786-1787) highlighted the fragility of the Confederation and spurred calls for a stronger national government.
Annapolis meeting (1786) and subsequent Philadelphia Convention (1787) to revise the framework.
2.3 Writing a Constitution: The Philadelphia Convention
Delegates: 55 representatives from 12 states (Rhode Island refused); most were wealthy, educated, and experienced; not all shared the same views.
Core shared questions: human nature, sources of political conflict, objects of government, and the form of a republican government.
Philosophical influences:
Hobbes: distrust of unrestrained human violence but rejected absolute monarchy; supported the need to limit government power (Locke favored more explicit limits).
Locke: government to protect natural rights; consent of the governed; right to revolt if abuses persist; standing laws and property security.
Montesquieu: separation of powers and checks and balances to prevent tyranny.
Madisonian consensus: large republic better than direct democracy for controlling factions; government should be designed to control power and protect rights.
Outcome: a constitution that embodies a republic with a balanced, checked system of power across branches and levels of government.
2.4 Categorize the issues at the Convention: equality, economy, and individual rights
Equality issues:
Representation: New Jersey Plan (equal representation) vs. Virginia Plan (proportional representation) → Connecticut Compromise creates a bicameral Congress: Senate (equal state representation) and House (proportional representation).
Slavery: debated status and counting of enslaved people; three-fifths compromise: representation and taxation based on free persons plus three-fifths of enslaved persons ( extRepresentation/Taxation=extFreepersons+frac35extenslavedpersons).
Slave importation: allowed until 1808; return of runaway slaves.
Voting: left to the states; no universal manhood suffrage in the Constitution.
The Connecticut Compromise resolved representation tensions but highlighted ongoing trade-offs.
Slavery and representation created enduring tensions; the three-fifths compromise and related provisions shaped politics for generations.
Table summaries (conceptual):
Representation: equal Senate vs. population-based House
Slavery: allowed, with counting rules; future importation limited
Voting: states set qualifications
Brutus (Anti-Federalist) concerns summarized: threat to liberty from a strong central government, potential erosion of state power, and lack of explicit protections for individual rights.
2.5 The Madisonian System: reconciling majority rule with minority protections
Fundamental problem: how to prevent tyranny by either majority or minority factions while protecting private property and liberty.
Madison’s solution: a system where power is distributed and limited; influence of competing interests checked by a large republic.
Key features to thwart majority tyranny:
Place as much government beyond direct majority control as possible.
Separation of powers across legislative, executive, and judicial branches.
Checks and balances to prevent any one branch from dominating.
Structure traits:
House of Representatives: elected every 2 years (directly by people).