Notes on U.S. Government Foundations & Constitutional Convention

Overview of U.S. Government Foundations

  • Focus on how the U.S. Constitution was created and the principles that shaped it.
  • Discuss the motives and nature of the framers of the Constitution.

Major Takeaways from the Lecture

1. Nature of Executive Power

  • The executive is described as an imperial executive.
  • Congress is not the central focus of government; it is suggested that it is losing its importance in favor of a more powerful executive branch.

2. Humanizing the Founding Fathers

  • The founding fathers are portrayed as self-interested individuals rather than demigods.
  • While altruism existed, their motivations were often tied to personal or state interests rather than a unified American nationalism.
    • Key example: Benjamin Franklin's "Join or Die" cartoon depicting colonial unity against a common enemy (the British) during the American Revolution.

3. Composition of the Constitutional Convention

  • Predominantly elites shaped the Constitution: lawyers, businessmen, and career politicians participated.
  • Current Congress comprises a significant portion of lawyers (approximately 40% in the Senate and 50% in the House of Representatives).
  • Comparison made to other countries like China, where the government is run primarily by engineers.

4. Flexibility in Governance

  • The framers recognized the necessity for flexibility in governance due to changing future needs.
  • Introduced an amendment system to adapt to future challenges:
    • Although the amendment process is strict, it allows for necessary changes to be made to the Constitution.
    • Examples of significant amendments include women's suffrage and civil rights expansions, and counterexamples such as the Prohibition amendment.

Context Leading to the Constitutional Convention

Historical Background

  • The American Revolutionary War concluded in 1783 with key figures (John Adams, Ben Franklin, John Jay) negotiating the Treaty of Paris.
  • Post-war: the states formed a loose confederation under the Articles of Confederation.

Issues with the Articles of Confederation

  • Confederation Congress proved weak and ineffective due to:
    • Loose alliances among states.
    • Lack of a constitutional framework to enforce laws.
    • Delegate attendance issues (many delegates did not attend due to perceived futility).
  • Financial instability: The nation faced bankruptcy due to war debts with no ability to repay.
  • Heightened state conflicts post-war due to lack of unity and national pride.

Economic Depression

  • Many soldiers faced unpaid debts and economic hardships upon return home.
  • Example: Daniel Shays' Rebellion, a protest against economic injustice by war veterans:
    • Shays organized a rebellion with 1,500 fellow veterans, aiming to occupy courthouses and prevent foreclosures.
    • Resulted in violence when elite forces intervened, outlining the need for a stronger central government.

Transition to the Constitutional Convention

Impetus for Change

  • Leading figures recognized the urgent need to address the failings of the Articles of Confederation and convened to draft a new Constitution.
  • The meeting was held secretly in Philadelphia in 1787.

Key Figures at the Constitutional Convention

  • James Madison: Early arrival, proposed a new federal government structure, known for meticulous planning and drafting.
  • George Washington: Provided legitimacy and authority to the proceedings.
  • Alexander Hamilton: Strong debater, but not a primary architect of the Constitution in this context.
  • Benjamin Franklin: Brought experience and wisdom but was less active due to age and health issues.

Influential Framers

  • Roger Sherman: Proposed the Great Compromise, balancing representation between large and small states.
  • Governor Morris: Responsible for the preamble and emphasizing human rights in discussions.
  • Elbridge Gerry: Advocated for state power and is known historically for gerrymandering.
  • George Mason: Authored the Bill of Rights and held conflicting views on slavery despite being a wealthy Virginian slave owner.

Key Themes Addressed in the Convention

Roadblocks in the Constitution's Formation

  1. Basis of Representation in Legislature

    • Big states wanted population-based representation (more representatives for larger states); small states feared being silenced.
    • Solution: The Great Compromise established a bicameral legislature (House and Senate) to satisfy both sides.

  2. Executive Office Structure

    • Debate over how to prevent the rise of tyranny and ensure the executive remained weak.
    • Proposed a single president with term limits to reduce potential for abuse of power.

  3. Method of Electing the President

    • Founding fathers feared direct public voting, concerned about the uneducated masses influencing elections.
    • Created the Electoral College to choose the president indirectly, balancing state representation with popular will.

Slavery and Representation

  • The institution of slavery recognized but largely accepted to maintain unity between Northern and Southern states.
  • The Three-Fifths Compromise established that enslaved individuals would count as three-fifths of a person for legislative representation, reflecting political expediency.

Final Thoughts and Implications

  • The framers acknowledged flaws in the Constitution but included an amendment process to allow for future growth and modification.
  • Concerns about the nature of governance, political parties, and the role of the populace remain significant in contemporary discussions of U.S. democracy.
  • The Constitution serves as a living document that reflects the evolving landscape of the United States.