Chapter 1

The Constitution

What was the goal of the American war for independence?

Liberty, vs. equality (Russian, Chinese) or "equality and fraternity" (french)

What is unalienable?

Laws based upon nature and Providence , and not the whims of the people. Congress denied rights to slaves, etc.

The real Revolution

A "radical change in the principles, opinions, and sentiments, and affections of the people" - Adams

Articles of confederation

Weak federation of states, because people were afraid of strong central government
Weaknesses
No tax collection
Weak army
No judiciary
No executive
Too cumbersome to pass legislation, amend
Congress couldn’t regulate taxes
Could make peace, print money, post office

Effects on the constitutional convention

History appeared to indicate that confederacies were too loose to be effective, while stronger forms would lead to trampling of liberties.

Shay's rebellion. Revolutionary war soldiers prevented the courts in W. MA from sitting, were lead by Daniel Shays. Made people fearful that state governments were about to collapse. . .
Showed that individual states couldn’t act to put down insurrection

Why wasn't there a bill of rights?

Constitution already contained rights of Writ of habeas Corpus, no bills of attainder, no ex post facto, right to trial, no religious test
States already had bills of rights
Thought that Constitution told government what it could do, and it didn't say that it could infringe on free speech

Positive vs. Natural law
Natural law: you have rights unless they are given to government
Positive Law: This is what you can do.

Framers’ intentions

Beard: Economic self-interest of the propertied class

Look at the preamble

Reasons to limit central government power

Separation of powers,

Causes weakness

Causes compromise

Slows the work / inefficient

Weakens the executive

Why limit central power

Bureaucracy is acting on its own, and is not held accountable

States have lost sovereignty

Ways to limit central power

Laws, amendments, constitutional interpretation

The Federalist Number 10

"Complaints are every where heard from our most considerate and virtuous citizens . . . that our governments are too unstable; that the public good is disregarded in the conflicts of rival parties, and that measures are too often decided, not according to the rules of justice, and the rights of the minor party; but by the superior force of an interested and over-bearing majority."

Faction: group of citizens (minority or majority) who are united by passion or interest adverse to the rights or aggregate interests of the community

Issue is difficult because those who make decisions on faction are inherently tied to the issues, i.e. the property class wants something, supposedly congress is supposed to be just, but at the same time represent the class it represents. Hmmmm

Ways to control

Remove cause of faction

Deny liberty (worse than the disease; liberty is to faction what air is to fire)
Force conformity so there can be no difference in opinion (goes against purpose of government. "The protection of these faculties [which lead to differentiation of opinion] is the first object of government"

Control the effects!!!

If faction<Majority, republicanism [democracy] protects interests
If majority, then
Don't let majority form in the first place, or
Don’t allow majority to execute "schemes of oppression"

Pure democracy provides no protection against faction

Republic offers the cure (two points of difference)

Elitism (small individuals elected by the rest)

Wise enough to discern true interests of the country
Yet, with a small group, it is possible for sinister individuals to get elected

Thus, large union/representative size is desirable

Large republic = greater probability of more effective leader

Larger group will elect, thus small faction will have less chance at influencing the system

The Federalist 51

Separation of powers & Checks and balances

By dividing up powers, it is less likely that to do anything.

This is positive because any law is an infringement on liberty

Executive – enforce law

Veto

Congress – lawmaking

Override

Has the most power, as it can remove everyone from office

Limiting of jurisdiction of judicial

To limit legislative powers, we create a bicameral legislature

Essentially two factions.

Judicial – settle disputes

Judicial Review / not convicting

British History with Declaration of Independence

King John in 1215

Essentially, declaration of independence claims king is in violation of Magna C.
M. C. allowed barons to have legislature
Petition of Right in 1628 – King may not impose taxes on Commoners without the consent of Commons
English Bill of Rights – 1688 – Says that taxes may only be initiated by house of commons. Crown will agree to all laws passed by parliament. King loses right to veto.

Eric Jonas's 1998-1999 AP American Government Notes
This material copyright Eric Jonas, 1999.
These notes have been taken from American Government, 7th edition, by Wilson and DiIulio, and from in-class lecture by Mr. Greg Sandmeyer at Timberline High School.

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