Download Establishing a Constitutional Democracy

Establishing a
Constitutional Democracy
Pearson Education, Inc. © 2005
Chapter Two
The Colonial Experience
With Democracy
• Right to govern given by God--divine right
• Royal colonies
– King’s representative
– elected assemblies
• Pilgrims
– religious dissenters
– rejected divine right of kings
– formed Mayflower Compact
• express consent to be governed
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The Colonial Experience
With Democracy
• Proprietary colonies: governed by English noble
or company
– when unsuccessful became royal colony
• Power in both types of colonies divided
– governor: patronage power
– two-chamber legislature: power to tax
• lower chamber: colonial assembly
• upper chamber: colonial council
• not democratic: voting restricted to qualified male
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Spread of Democratic Ideals During
the Revolutionary War
• Taxation without representation
– Colonists asked to help with cost of keeping
troops in colonies
– 1765 imposition of Stamp Tax on colonies
• already in use in Britain, where taxes were higher than in
the colonies
• colonists had never paid a direct tax and had no voice
• Stamp Act Congress
• Patriots - Boston Tea Party
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Spread of Democratic Ideals During
the Revolutionary War
• The Continental Congresses
– 1774: First Continental Congress
• 12 colonies sent delegates
• issued statement of rights, called for boycott
• Patriots began military activity
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Shot heard round the the world
1775: Second Continental Congress
1776: Declaration of Independence
Seven year war for independence ended with the
Treaty of Paris in 1783.
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Theory of Rights and
Representation
• Consent of the Governed
– Hobbes (1651)
– Critical ideal in the Declaration
• Separation of Powers
– Locke (1690) consent of governed, but no need to
concentrate power in one ruler
– Legislative power
– Executive power
– Montesquieu later added judicial power
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Theory of Rights and
Representation
• Citizen Rights and Representation
– Whigs: critics of concentration of power in
British government
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•
•
•
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not enough to have separation of powers
citizens should be able to check government
Harrington: elections for the ablest leaders
Thomas Paine: Common Sense
application of these rights restricted to men with
property
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Government
After Independence
• Broadening of Participation
– Aftermath of war: easing of property
holding voting restrictions
– Impact on who was elected
– Term limits
– Abigail Adams: early advocate of suffrage
for women
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Government
After Independence
• Articles of Confederation (1781-1789)
– “Firm league of friendship”
– Continental Congress granted limited powers
• could not tax directly
• could declare war, but not raise an army directly
• could coin money; but could not stop states from doing
so
• could negotiate with other countries on tariffs, but so
could individual states
• could not force states to get along commercially
• supermajority required to take any action
• unanimity required to alter Articles
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Government
After Independence
• Shay’s Rebellion
• Other domestic unrest
• Threats from abroad
– Britain
– Spain
– France
• Need for solution to weak governance
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The Constitutional
Convention
• Preceded by the Annapolis Convention
– Reform minded
– Only 5 states represented
• Madison requested Congress ask each
state to send delegates to a convention
– Purpose: revise the Articles
– Most states favored some revision
– Those who did not stayed away
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The Constitutional
Convention
• Secret meeting
• Revision became starting over
• Virginia Plan was the starting point for new
government
– Changed nature of Congress dramatically
– Equality to proportionality in terms of number of
senators and representatives
– Congress with far greater powers than before
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The Constitutional
Convention
• Virginia plan had support of more populous
states
• Less populous states were uneasy
• New Jersey plan offered as alternative
– Three branches with different powers
– Kept one chamber of Congress with each state
having one vote
– Did not grant Congress broad powers but rather very
specific powers
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The Constitutional
Convention
• The Connecticut Compromise
– Majority of states supported Virginia Plan
– Small states considered leaving and thus
killing chance of ratification
– Committee given task of resolving problem
– split the difference solution
• big states - House proportionate to population
• small states - equality in the Senate
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Pearson Education, Inc. © 2005
A Government of
Separated Powers
• End result was a government with three branches
that divided power among them
– Legislative
• powers: tax, coin money, regulate commerce, declare
war, maintain an army
• necessary and proper clause
• House chosen by voters every two years; no term limits
• Senate selected by state legislatures; six year terms
• states could choose own voter qualifications
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A Government of
Separated Powers
• Executive
– Presidential power under tight congressional
control
– Senatorial advice and consent
• president signs treaties; treaties only take effect if 2/3s of
Congress approves
– Impeachment clause makes president dependent
on Congress
• House impeaches the president
• Senate tries the president
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A Government of
Separated Powers
• Electoral College
– Large versus small state dispute
– Popular vote? Large states would dominate
presidential choice
– Chosen by Senate? Small states would have extra
influence
– Resolution: compromise with the electoral college
• select electors from states (states choose how to select)
and then electors vote for president
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How the Electoral
College Works
• Each state chooses same number of electors
as it has House and Senate members in
Congress.
• If a candidate receives a majority of the
electoral votes, the person becomes
president.
• If no majority, the vote goes to the House of
Representatives
• The electoral college remains controversial.
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Judicial Compromise
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•
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Most delegates agreed on need for a Supreme Court
Did not agree on need for lower courts
Compromise: left it to Congress to decide
Judicial review controversial as well
– Some, perhaps most, supported the court having authority to
declare laws null and void
– However, when opposition emerged, the delegates
maintained silence and left the issue alone
– Supremacy Clause
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Compromising on Slavery
• Topic was discussed
– Only one delegate said it was their moral duty to
eliminate slavery
– Focus was instead ending international slave
trade
– Compromise reached: slave importation would
cease in 20 years.
– 3/5’s Compromise
• counting slaves traded for imposing tariffs on foreign
goods
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A Bill of Rights
• What of the protection of people’s liberties?
– Neglected to include provisions in draft of the
Constitution
– State constitutions generally included such
provisions.
– Protection of liberties the duty of the states?
– Roadblock to ratification; needed explicit
expression of Whig theory of rights
– Bill of Rights was promised
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Pearson Education, Inc. © 2005
Federalists versus
Anti-Federalists: The Debate
• Anti-Federalists
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decentralized government
popular government
feared tyranny
feared a powerful
presidency
– feared a Congress with too
few representatives
• Federalists
– national government
necessary to create
strong country
– external threats
– internal factions willing to
impose will on others
– these = tyranny as well
– Solutions:
• separation of powers
• checks and balances
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Pearson Education, Inc. © 2005
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Amendments
to the Constitution
• Need for compromise
– Big states: fear of stagnation and
protracted conflict with unanimity rule for
amending
– Small states: fear of dominance of big state
agendas
– Fear of endangering slavery if amending
too easily accomplished
– Result: complicated formula
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Pearson Education, Inc. © 2005
Pearson Education, Inc. © 2005
Assessing the Constitution:
A Step Backward?
• Constitution consolidated changes that
already existed in states
– Citizen participation
– Representation
• Constitution did not extend the right to
vote, but did not restrict it further.
• Altered the institutional nature of the
national government
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Pearson Education, Inc. © 2005
Assessing the Constitution:
A Step Backward?
Criticisms
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Powers of the Supreme Court poorly defined
Electoral college does not always seem to work
Other issues poorly defined, vaguely expressed
Falls short of expressing contemporary democratic
ideals
– Shortfalls related to the need for ratification
• slavery
• voting rules
• win support of white, male, propertied population
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Assessing the Constitution:
Achievements
• Created unified nation capable of
defending itself
• Facilitated the country’s economic
development
– Outlawing separate state currencies
– Outlawed state tariffs
• Created a presidency that was first filled
by Washington
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Assessing the Constitution:
The Constitution Today
• Constitution continues to give many
groups/interests opportunities to voice their
concerns
– Constitutional ambiguity
– Adaptability
– Successful governing arrangements
• Stain of slavery
– Could not resolve an intractable problem
– Strong solution would mean no ratification
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