2 - The Constitution: A New Vision of Government

2.1 The Articles of Confederation

Background and Ratification

Adopted in 1777 and ratified in 1781 by the Second Continental Congress.
Established a union of sovereign states with predominant state authority.

Concept of "A Firm League of Friendship"

Aimed to address mutual mistrust among states.
Provided protections against unilateral territorial claims.
Ensured equal state representation in Congress.
Emphasized state sovereignty over national governance.

Key Provisions and Structure

Unicameral Congress: Each state had one vote, regardless of size.
No separate executive or independent judicial branch.
Required unanimous consent for amendments.
Limited national government's power: lacked authority in taxation, military funding, and foreign policy.

Limitations and Challenges

Ineffective in enforcing policies due to lack of central authority.
Financial limitations: Relied on states for funding, leading to economic instability.
Difficulties in foreign policy and interstate commerce due to state control.

Economic and Political Context Post-Revolution

Economic hardship and debt crisis.
Shays's Rebellion: A grassroots uprising against Massachusetts government, highlighting weaknesses in national governance.

The Annapolis Convention (1786)

Aimed to address trade disputes.
Low participation but set the stage for the Philadelphia Convention (1787).

Impact and Legacy

Exposed the inadequacy of a weak central government.
Influenced the development of the U.S. Constitution and stronger federal system.

Comparisons with the U.S. Constitution

Articles established a loose union with limited central power.
U.S. Constitution introduced a stronger federal structure with defined executive, legislative, and judicial branches.

2.2: The Constitutional Convention

Held in May 1787 in Philadelphia.
Aimed to amend the Articles of Confederation.
55 delegates from 12 states; Rhode Island abstained.
Led by notable figures like George Washington, James Madison, and Benjamin Franklin.

Key Participants

James Madison: Pivotal role in shaping the Constitution.
George Washington: Presided over the Convention.
Benjamin Franklin: Contributed despite poor health.
Alexander Hamilton: Advocated for a strong national government.

Delegate Demographics

All male.
Mostly educated and elite.
About one-third were slave owners.

Major Issues Addressed

Representation in Congress
- Virginia Plan: Bicameral legislature, representation based on population.
- New Jersey Plan: Unicameral legislature, equal representation for all states.
- Great Compromise: Bicameral legislature with a House of Representatives (population-based representation) and a Senate (equal representation).
Individual Rights and Governance
- Limited government to protect freedoms.
- Distributed power to prevent tyranny.
- Few individual rights in the original Constitution.
- Specific protections for accused individuals (e.g., habeas corpus, no ex post facto laws).
Slavery
- Three-Fifths Compromise: Slaves counted as three-fifths of a person for representation.
- Compromise on Importation: No restriction on slave trade until 1808.
- Fugitive Slave Clause: Escaped slaves to be returned to owners.

Convention Secrecy and Decision-Making

Proceedings were kept secret to facilitate open debate.
Decisions driven by practical, political considerations.

Impact and Legacy

Established the U.S. Constitution.
Addressed failures of the Articles of Confederation.
Created a stronger federal structure.
Set the stage for future conflicts over slavery and states' rights.

2.3 The Structure of the U.S. Government

Separation of Powers

Concept: Distributes powers across institutions to prevent one branch from becoming too powerful.
Inspiration: Ideas of Baron de Montesquieu.
Mechanism: Separated institutions sharing powers.

Checks and Balances

Design: Prevents any single branch from dominating policy-making.
Example: President negotiates treaties, Senate ratifies them.

Powers of Each Branch

Executive Branch

Executes laws.
Vetoes legislation.
Nominates judges and key officials.
Gives State of the Union Address.

Legislative Branch

Writes nation's laws.
Overrides presidential vetoes.
Determines Supreme Court justices count.
Creates lower courts.

Judicial Branch

Interprets contested laws.
Declares laws unconstitutional.

Federalism

Definition: Sharing of power between national government and states.
Role: Central to American government, source of conflict.

Legislative Branch

Purpose: To make laws.
Structure: Two houses (House of Representatives, Senate).
Powers: Expressed or enumerated powers (e.g., borrowing money, regulating commerce).

The Executive Branch

Leader: President, serving four-year terms.
Roles: Executes laws, vetoes, commander in chief, foreign policy.
Electoral College: Elects the president.

The Judiciary

Constitution's Specification: Limited.
Supreme Court: Highest court.
Lower Courts: Structure determined by Congress.
Powers: Judicial review (established later in Marbury v. Madison).

Making Changes to the Constitution

Amendment Process: Two stages (proposal and ratification).
Difficulty: Designed to be slow and challenging.

An Uncertain Future

Constitutional Convention Strategy: Required ratification from nine out of thirteen states.
Challenge: Adoption of the Constitution was uncertain.

2.4 Ratification: Federalists Versus Antifederalists

The Ratification Campaign

Context: First national political campaign in America.
Requirement: Nine of thirteen states needed to ratify the Constitution.
Debate: Intense debates held in various public spaces and through the press.

Campaign Tactics

Methods: Widespread use of printing presses for pamphlets and letters.
Nature of Debate: Often personal and intense.

Federalists

Definition: Supporters of the proposed Constitution.
Focus: Advocated for a strong national government.
Campaign Strategy: Used fear of anarchy and economic instability under the Articles of Confederation.

Antifederalists

Definition: Opponents of the proposed Constitution.
Focus: Favored stronger state governments and protection of individual rights.
Campaign Strategy: Highlighted potential oppression by a strong national government.

Key Differences

View on Constitution: Federalists supported, Antifederalists opposed.
Support Base: Federalists had more wealthy merchants and plantation owners; Antifederalists had more rural support.
Key Concerns: Tyranny of majority (Federalists), Tyranny of minority (Antifederalists).

The Federalist Papers

Purpose: Advocate for ratification and explain the theory behind the Constitution.
Authors: Alexander Hamilton, James Madison, John Jay.
Notable Essays: Federalist No. 10 and No. 51.

Antifederalist Writings

Brutus No. 1: Critique of the proposed Constitution’s power and size.
Concerns: Feared a too powerful national government and lack of representation.

The Bill of Rights

Argument for Inclusion: Protection against potential government overreach.
Influence on Ratification: Essential in securing ratification in some states.
Outcome: Adopted after the Constitution's ratification.

The Founders' Motives

Economic Interests: Some argue the Constitution was created to protect the founders' financial interests.
Antidemocratic Accusations: Framers were skeptical of pure democracy.
Selection of Officials: Initially, only House Representatives were directly elected by the people.
Mixed Motives: Framers likely had varied motivations behind their support for the Constitution.

The Constitution's Legacy

Flexibility: Adapted over time with changing societal needs.
Ongoing Debates: Role of national government, state powers, individual rights.
Guiding Philosophies: Continue to influence American governance into the 21st century.