Road to the Constituition

The Road to the Constitution

  • Course Name: PSC-101

Representative Government – Big Ideas

  • Colonial Tradition: America developed traditions of limited and representative government during the colonial period.

  • Constitution's Role:

    • Defines lawful powers of government.

    • Divides powers among competing institutions to ensure limited government.

  • Original Representation: Provided mainly through indirect methods of electing representatives.

  • Popular Government: The idea of popular government has gained strength over time, enabling the majority's desires to have a more direct influence on governance.

The Colonial Experience

  • Colonial Background:

    • Britain practiced limited monarchy, which shaped American colonialists' understanding of representative governance.

  • Conflict and Taxation:

    • Following the French and Indian War, Britain sought to tax colonists to fund ongoing conflicts, leading to taxes without representation.

  • First Continental Congress:

    • Met in 1774 to demand representation from King George III, leading to ignored requests.

    • Clashes between British and American troops at Lexington and Concord marked the beginning of the American Revolution.

Natural Law/Natural Rights Theory

  • Philosophical Foundation:

    • The Stoics claimed the universe is governed by rational principles accessible to humans.

    • Emphasis on human reason allows individuals to recognize and obey natural law.

  • John Locke's Contributions:

    • Proposed humans are free and equal in the state of nature, surrendering only rights necessary for security and common good.

    • Fundamental prerogatives include life, liberty, and property.

  • Incorporation by Jefferson:

    • In the Declaration of Independence, Jefferson referenced natural rights: "all men are created equal," with rights bestowed by God, rather than the state.

Articles of Confederation

  • Initial Governance:

    • Served as the first national governing document, ultimately deemed a failure due to a weak structure.

  • Weak Central Government:

    • Lacked a President and judiciary; legislation required consent from nine of thirteen states.

    • Prohibited Congress from levying taxes, leading to dependence on states for funds.

  • Lack of National Economy:

    • Congress couldn't interfere with state trade policies, undermining a unified national economy.

  • Shay's Rebellion:

    • Lack of direction led to rebellion, prompting the need to revise the Articles of Confederation.

Constitutional Convention

  • Issues with Representation:

    • Large and small states struggled to agree on representation until the 'Great Compromise'.

  • Great Compromise:

    • Resulted in a bicameral Congress:

      • House of Representatives: Based on population size.

      • Senate: Two representatives per state.

  • Three-Fifths Compromise:

    • Concerned southern states allowed slaves to count as 3/5 of a person for representation, balancing power between northern and southern states.

  • Ratification Process:

    • Rather than going through Congress under the Articles, the new Constitution was sent directly to states for ratification.

Ratification Debate

  • Anti-Federalists:

    • Opposed a strong national government, fearing it would threaten self-government in states and individual liberties.

    • Concerns regarding potential elite control over the country.

  • Federalists:

    • Supported a stronger national government, believing in sufficient checks and balances to prevent concentrated power.

    • Contributed to the debate through the Federalist Papers.