Advance reading assignment: Before class, carefully read the Bill of Rights (the first ten amendments to the Constitution) at http://www.let.rug.nl/usa/documents/1786-1800/bill-of-rights-and-the-amendments-to-the-constitution.php (link is on course web page)
Section outline
The Articles of Confederation
A League of 13 (International Law) States
A Reaction to an Overbearing Parliament: Distrust of National Government
National government cannot regulate interstate commerce
Result: failing economy and danger of interstate trade wars
The Movement Towards Stronger National Government
The Annapolis Convention, 1786
A convention promoted by James Madison of Virginia to amend the Articles of Confederation, allowing the national government to regulate interstate trade and thus prevent trade wars among the states
Only five states sent delegates
The Convention thus proposed that another convention take place in Philadelphia the following May, with hopes that more states would send delegates
Shays’s Rebellion, 1786-87
A rebellion of 4000 farmers and others in western Massachusetts against eastern Massachusetts merchants
Showed weakness of national government under the Articles
National government lacked money necessary to raise an armed force
Convinced many people that revision of the Articles was in fact necessary
An attempt to steer a middle course between a too-powerful Parliament and an impotent Confederation Congress
The ongoing problem of American government: How do we give the government(particularly the national government, the heir to Parliament and the ineffective Confederation Congress) enough power to govern effectively while simultaneously ensuring that the government doesn’t have so much power that it can threaten our lives, liberty, and property?
The Constitution’s original two methods of granting and controlling power simultaneously
The concept of Separation of Powers
Legislative, executive, and judicial powers each to be exercised by a different branch of government to prevent concentration of power in one group of hands
The concept of Federalism
Dividing government power between two different governments, each presumably jealous of its own power
Article I, Section 8: The Convention gives Congress the power:
To tax and
Problem: since Congress, like Parliament, will have the controversial powers of taxation and trade regulation, how does each state make sure that it has adequate representation in Congress?
I.e., taxation without representation is not acceptable
The Great Compromise raises another taxation and representation problem: if representation and apportioned taxation are to be based on population, should slaves be counted as part of that population?
The Three-Fifths Compromise
The Electoral College: A means of electing the president that reflects
Diversity
Federalism
Republicanism (not democracy)
Ratification
Federalists and Antifederalists
The Federalist, aka The Federalist Papers
A series of newspaper articles written by Alexander Hamilton, James Madison, and John Jay explaining and promoting the new Constitution
The Push for a National Bill of Rights
Several states coupled their ratification with a demand for a national bill of Rights to be added to the new Constitution
The Federalist Era, 1789-1801 (Textbook Chapter 10)
Central idea: Although the Constitution didn’t anticipate or provide for political parties, they soon developed. Partisan strife was severe; the Federalist Party, which controlled the new national government for the first twelve years, ultimately fell into disrepute, but not before establishing permanent constitutional structures and precedents that are still in place today.
Legacy for modern America: Both major political parties today want what is best for America (um . . . don’t they? Is it really reasonable to assume that the members of one party are all selfless heroes while the members of the other are all selfish villains bent on the country’s destruction?). Yet the parties can agree on almost nothing in either domestic or foreign policy, leading to deadlock and endless partisan warfare that makes government inefficient and which compromises America’s interests when dealing with other countries. Is this desirable? If not, what should we do about it?