The 2nd Founding

1
The 2nd Founding

• From Revolution to Bill of Rights
• Creating Institutions to Solve
• Collective Action Problems

2
The 13 United States in 1787 13 Independent
Countries in a Confederation

• Remember State usually means a country.
• Thats why only in the U.S. are sub-units of the
  country called states.
• Different states claimed different lands.
• See map on next slide.
• The English were still to the North, and Spain to
  the West and South.
• Would Georgia defend New Hampshire? Would New
  York defend South Carolina?
• See map on next slide.

3
Map of the 13 United Countries
4
Collective Action Problems

• Collective Action Problems
• When everyone in the group would benefit by
  working together (cooperating), but each one is
  better off if they dont cooperate (defect be a
  free rider) while others cooperate.
• But if everyone free rides, nothing gets done and
  the group doesnt benefit.
• Examples
• If everyone on the hijacked plane attacks,
  theyll overwhelm the hijackers.
• And if everyone except Mr. Free Rider attacks,
  theyll still overwhelm the hijackersand Free
  Rider doesnt risk getting injured or killed.
• But if everyone tries to be the Free Rider, no
  one attacks and the hijackers win.

5
Collective Action Problems During the
Revolutionary War

• Troops saw themselves as representing their own
  states.
• When G. Washington tried to get them to swear
  allegiance to the United States, New Jerseys
  troops refused, saying New Jersey is our
  Country.
• A representative from New Jersey to the
  Continental Congress denounced Washingtons
  actions.
• Each state tried to let others pay the costs.
• The winter at Valley Forge, when the troops
  didnt have enough food or clothing was because
  the states would not give money and supplies to
  the army.

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Collective Action Problems During the
Revolutionary War

• The Continental Congress lacked force, because it
  was not a real government (just the coordinators
  of the Revolution).
• So it could not force the states to contribute,
  could only beg them to each pay their fair share.
• For example An announcement in the New York
  Packet, Oct. 1 1787
• THE SUBSCRIBER has received nothing on account
  of the quota of this State for the present year.
• Alexander Hamilton
• Receiver of Continental Taxes.
• E.g., The Coordinators had asked New York to
  contribute, but it had not paid its share.

7
Collective Action Problems after the Revolution.

• The States Acted Like Independent Countries
• 9 States had their own Navy.
• Each State printed its own money and did not
  accept money from the other states.
• States set tariffs against goods from other
  States.
• Virginia and Maryland fought for control over
  navigation of the Potomac River.
• To make money off commercial use.
• To control for military use.

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A Modern Example

• The European Union
• First, eliminated tariffs between EU members.
• Second, created a common currency (getting rid of
  French francs, English pounds, German
  deutschmarks, etc.
• Is now considering a constitution for Europe, a
  common foreign policy, and a single European army.

9
Applying Principles of Politics

• History Principle
• The states had never been unified before the war.
  They united only to fight a common enemy.
• Rationality Principle
• Each states purpose was to seek its own good,
  not its neighbors good.
• E.g., the U.S. cares about itself, not about
  Canada or Mexico.
• Institutions Principle
• The Articles of Confederation (our first
  constitution) created a Congress with no force,
  no authority to coerce the states or the people.
• Policy Principle
• The political outcome was conflict between the
  states, and rebellion within (e.g., Shays
  Rebellion).

10
The Constitution

• A. Hamilton and J. Madison pushed for a meeting
  of the States.
• for the sole and express purpose of revising the
  Articles of Confederation because the conflicts
  were threatening to tear apart the union of
  states.
• Instead, the Philadelphia Convention drafted an
  entirely new Constitution of the United States.

The Philadelphia Convention, a.k.a., the
Constitutional Convention
James Madison
Alexander Hamilton
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Constitutional Debates

• Representation
• Large states wanted 1 House of Congress with
  delegates proportional to state population
  (Virginia Plan).
• Small states (e.g., Virginia) wanted 1 House of
  Congress with equal numbers of delegates (New
  Jersey Plan)
• Great Compromise (Connecticut Compromise)
• 2 Houses of Congress, 1 with equal representation
  and 1 proportion to population.
• This is the origin of the Senate and House.
• Institutions Principle
• Virginia Plan would allow large states to
  dominate.
• New Jersey Plan would allow the more numerous
  small states to dominate.
• The Compromise gave each set of states the
  ability to be influential.

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Constitutional Debates

• The Executive
• Should be selected by the Congress? (Virginia
  Plan, New Jersey Plan).
• Or by the people (Gouverneur Morris James
  Wilson of Pennsylvania)?
• Compromise Electoral College, with electors
  selected in a manner determined by each states
  legislature.
• Institutions Principle Separation of Powers
• If selected by Congress, the Executive would be
  dependent on them (powers would be fused, not
  separate).
• If selected by someone else, the Executive would
  be independent of them (powers would be
  separate).

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Institutions Principle

• National Unity
• The purpose of the Constitution was to unify the
  states under a national (federal) government, so
  they could achieve their collective benefits.
• Federalism
• The Constitution grants the federal government
  authority only over national issues.
• International affairs and interstate commerce.
• Rationality Principle
• The states had to choose whether to ratify this
  institutionWould they have done so if the
  federal government had been given too much
  authority over what happened inside each state?

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Ratification Debates

• What if the states north and south of New York
  ratified, but New York didnt?
• What problem would this create for the new
  country?
• It wasnt wildly popular at first.
• New York almost didnt ratify it.
• Rhode Island and North Carolina did not ratify it
  until after the new government had already been
  elected and started meeting.

• Federalists
• Supporters of the proposed Constitution.
• Anti-Federalists
• Opponents of the proposed Constitution.
• Main criticism was absence of a Bill of Rights
• Federalist Papers
• Newspaper articles/letters written by A. Hamilton
  and J. Madison to persuade New Yorkers to support
  the proposed Constitution.
• Now seen as basic text for understanding the U.S.
  Constitution.
• Federalists finally agreed to add a Bill of
  Rights, which created enough support to get the
  Constitution ratified.

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Institutions Principle The Bill of Rights

• The strongest argument against the proposed
  Constitution was the lack of a Bill of Rightsa
  list of rights the people had against their
  government.
• Adding a Bill of Rights was the price of getting
  enough people to support the new Constitution.
• So they were added after the Constitution was
  ratified.
• Thats why they are amendments.
• The Bill of Rights is the first 10 amendments.
• They are a list of thou shalt nots that limited
  the power of the government.

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The Constitutions Institutions to create Limited
Government

• Checks and Balances
• Checks Balances comes out of Separation of
  Powersallows each branch of govt to exert
  control over the others.
• Know diagram on p. 56You may be asked to draw
  it!
• Federalism
• Federalism limits authority of the federal
  government over the states.
• Bill of Rights
• Gives explicit list of things the federal govt
  does not have the authority to do.

17
Questions

• What is a collective action problem, and how does
  that relate to the states after the Revolutionary
  War?
• Why do you think some states were reluctant to
  support the new Constitution?
• Why would people be reluctant to support a
  Constitution without a Bill of Rights?
• What is the Bill of Rights
• What are the Constitutions 3 Institutions that
  create a limited government.
• How do they limit government?