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TRANSCRIPT
Constitutional Democracy: Promoting Liberty and
Self-Government
Chapter 2
Before the Constitution: Colonial and
Revolutionary Experiences
The Rights of Englishmen
Life, liberty and property to which all people are
entitled
Stamp Act: a tax on colonial newspapers and
document
Townsend Act: tax on tea
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Events Leading to the War
Boston Tea Party
First Continental Congress
Lexington and Concord
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Declaration of Independence
A call to revolution liberty, equality, individual
rights, self-government, lawful powers
John Locke: “Two Treatises of Government”
Inalienable (natural) rights: Life, liberty, and property
Government has responsibility to preserve rights
Thomas Jefferson:
“All men are created equal”
Just powers derive from the consent of the governed
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Before the Constitution: Colonial and
Revolutionary Experiences
Articles of Confederation
Adopted during the Revolutionary War
Created weak national government
States retained “sovereignty, freedom and
independence”
Prohibited Congress from interfering in states’
commerce policies
Prohibited Congress from taxation
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Before the Constitution: Colonial and
Revolutionary Experiences
Shays’s Rebellion
Raised fears about the weakness of the national
government
Farmers, led by Daniel Shays, marched to prevent
foreclosures on their land
Congress unable to raise army to quell rebellion
Motivated Congress to authorize a convention in
Philadelphia to revise Articles of Confederation
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The Great Compromise
Virginia (large-state) Plan
Representation based on population number
Greater power to larger states
New Jersey (small-state) Plan
Each state would have one vote
Equal power to large and small states
Similar to the Articles
Great Compromise: two-chamber Congress
House of Representatives: proportional representation
Senate: equal representation
7
Negotiating Toward a Constitution
Negotiating Toward a Constitution
North-South compromise: the issue of slavery
Congress agreed not to tax exports, only imports
Congress would be prohibited until 1808 from
passing laws to end the slave trade
Three-Fifths Compromise: three-fifths of enslaved
population counted for apportionment of taxes and
political representation
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Negotiating Toward a Constitution
A strategy for ratification
Established that 9 out of the 13 states were needed
Federalists: proponents of the Constitution
Anti-Federalists: against a strong national government
No bill of rights
Favored a revision of the Articles
The Federalist Papers: Alexander Hamilton,
James Madison, John Jay
Government needed to be powerful
Separation of power/checks and balances would protect states and liberties
Federalists promised a bill of rights to get NY and VA to ratify
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Negotiating Toward a Constitution
The Framers’ goals
Government strong enough to meet the country’s
needs
Government not threatening existence of the
separate states
Government not threatening liberty
Government based on popular consent
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Protecting Liberty: Limited Government
Grants and denials of power
Grants:
Limit government by stating specific powers in the
Constitution
Total of seventeen powers
Article 1 Section 8
Denials: Limit government by stating specific prohibitions in the
Constitution (suspension of habeas corpus, ex post facto)
Constitution difficult to amend
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Sharing Power
Separation of powers
Checks and balances
Federalist #10 describes majority and minority factions
Only separation of powers would make it too easy for a
single faction to exploit a particular area of political
power
Overlapping powers would force factions to work
together among the different branches
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Protecting Liberty: Limited Government
Bill of Rights
First ten amendments to Constitution
Protects rights of citizens, such as:
Freedom of speech
Trial by jury of peers and legal counsel
Freedom of religion
Limits power of government
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Protecting Liberty: Limited Government
Judicial Review
Constitution doesn’t state who has this power
Courts determine if governmental institution is
acting within its constitutional powers
Established by Chief Justice John Marshall in
Marbury v. Madison (1803)
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Protecting Liberty: Limited Government
Providing for Self-Government
Democracy versus republic
Democracy is unlimited majority
Majority rule is limited to protect minority rights
Representatives should act as the public’s trustees
Limited popular rule People participate indirectly in process of government
through election of officials
Indirect election of president and (initially) Senators
Federal judiciary appointed, not elected
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