Purpose:

To provide students with an "easy to print" version of the content covered in this module. Students should use the notes to study for the module test and the final. The notes should be kept for AP Exam review- prior to the national test. Students should ask for clarification about any content that they do not understand.

Section One- The Underpinnings of the Constitution

I. Introduction - Liberty v. Order

• Madison's prime concern was liberty, Washington's unity or union.
• Constitutional system would realize both liberty and order

Five men worked together in establishing the new government:
• Washington - the "soldier, statesman, unifier."
• John Adams-the intellectual leader of conservative federalists.
• Hamilton-political economist favoring business and government cooperation.
• Jefferson-nation's first political philosopher to hold high office.
• Madison-author of the Bill of Rights.

II. The roots of the Bill of Rights

Madison's Bill of Rights based on historical precedents:

• Magna Carta-King John (1215) at Runnymede

[Basic document in English constitutional law, granted by King John at Runnymede, Surrey, in 1215. Its main purpose was to confirm the privileges of the feudal barons, limiting the king's power over them. Idealized in later interpretations, some of the features essential to a democratic government have been attributed to the Magna Carta. Repeatedly reissued and modified by John's successors, the document became a symbol of superiority of the law over the king and his prerogatives.]
Other Influential thinkers included: Greek Philosopher-rights of Aristoi ("best people")

• Luther/ Calvin-religious liberty from Catholic authority.
• John Locke-protection of individual against state.

Two Treatises on Civil Government -1690
-Locke refutes the idea of "divine right" of kings
-states that men are born equal with equal rights in nature.
-believes most men agree to preserve property and obtain justice.
-justice comes from laws; highest power is legislative.
-legislative is limited, may not encroach on judiciary power.
-should be an executive, also restrained by law
- Concept of "separation of Power" based on writings of Locke

The American Roots
• Religious freedom in America was a "mixed picture of tolerance and coercion."
• Puritans -"theocracy" (no voting for non-church members)
• Nine of thirteen colonies had a state church
Eventually, liberties were incorporated into laws/ declarations.

• Maryland Act for the Liberties of the People-" all inhabitants of this province should have rights, liberties, immunities ... just as any natural born subject of England." .
• Massachusetts Body of Liberties 1641- guaranteed freedom of speech/ petition, jury trial, legal counsel. (later model for NY and PENN)
• Declaration of Independence- 1776
• New state constitutions -contained bills of rights.

Toward Unity and Order
• Articles of the Confederation- created a fragile "league of friendship" Not a nation
Created at the Second Continental Congress -Nov. 17, 1777.

Congress had authority to
1) Declare war and make peace
2) Enter into treaties and alliances
3) Fix uniform standards of weights and measures
4) Create a postal system
5) Borrow money issue bills of credit
6) Regulate coinage
7) Establish and control the armed forces
8) Create admiralty courts

Articles conjoined all 3 branches into 1 congress. =UNICAMERAL
Presiding officer - President provided that he did not serve in that capacity for more than one year in any term of three.

WEAKNESSES OF THE ARTICLES OF CONFEDERATION

Did not give the national government the power to tax.- resulted in the Congress pleading with the states to provide money for war and to carry on the affairs of the nation.

No provision for an independent leadership position to direct the government. This was a deliberate omission because the colonist feared another monarchy-but still left the nation without a leader.

Did not allow the national government to regulate interstate and foreign commerce. (Treaty with Britain, 1 treaty or 13.)

Could not amend the Articles without the unanimous agreement of the Congress and the assent of all the state legislatures-thus each state had the power to veto any changes to the confederation.

• Annapolis Convention-1786- called for convention to amend the Articles. Hamilton the "engineer"
• Shay's Rebellion- in western Mass. - catalyzed drive for "order and unity".

The Philadelphia Convention, 1787
• The delegates
Only about 40 of 55 delegates actively participated
Most important/ influential men of nation attended
Political activists/ merchants
No blacks/ women delegates
Paine, Jefferson, Lee, J.Adams, S. Adams, Hancock all absent

Prime movers of the Convention
Prime movers of the convention-
• Washington- presided over convention-great prestige.
• Hamilton- distaste for a weak Congress, desired strong national government.
• Madison/ Franklin? G. Morris-respectfully- politically astute, world- renowned, literary talent.
• Martin, Dickinson, Paterson, - believed that all states should have equal representation.

Secret proceedings to weaken "convention enemies" and encourage intellectual "flexibility

Consensus
• All delegates supported republican government.
• Common philosophy was a balanced government favoring the protection of property.
• States would determine voting qualifications.
• Agreed a national government - strong bicameral congress, energetic executive, independent judiciary.

Conflict
• Connecticut Compromise found middle ground between Virginia Plan (large-state proposal) and New Jersey Plan (small -state proposal)
• House of Representative -based on population of states
• Senate - based on equality of states.
• Slaves counted as three-fifth a free person for representation/ tax purposes.
• South insisted on two-thirds majority for treaties.
• Congress could establish inferior courts.
• Presidents selected by Electoral College.

To Adopt or Not to Adopt
Ratification required approval by nine state conventions.

Federalist strongholds were seaboard and city regions, Anti-federalists had rural regions and support of farmers

The Federalists essays (Hamilton, Jay, Madison) helped the ratification process, especially in New York.

Anti-federalists objected to the lack of a bill of rights, federalists agreed to add them after ratification.

The Politics of Ratification.
Federalists controlled newspapers, moved quickly in small states as well as Pennsylvania. Narrow victory in Mass. after bill of rights "compromise".
Madison, Hamilton led successful fights in VA and NY.

Drafting the Bill of Rights
Madison pushed ten amendments through the House and Senate.
Bill of Rights was ratified by 1791 (three-fourths of states needed)

***What Kind of Constitution ****
Introduction -Division/ Separation of Powers
Division of powers means federalism.
Constitution divides powers- --delegated to national level, reserved to states
Separation of power gives each branch political independence
Checks and balances prevent concentration of power consistent with anti-majoritarian devices.
Republic or a Democracy?
Contemporary democracy is "representative"-a republic where people choose legislators/ officials by ballot to rule.

Framers saw pure democracy as "mob rule". [Ex. Direct democracy- Greek city-states, New England town meetings. Framers purposely use term "republic" so as not to confuse with "pure" democracy.]

Attachment:- a.rtf