Lecture 3: The American republic and Constitution

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Lecture 3 The American republic and Constitution
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Origins of Republicanism in the US

• Republicanism Idea that the people (through
  their representatives) can rule themselves

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I. Models from Antiquity

• The rise of Greek city-states (800-500 BC)
• Athens--small, turbulent, and democratic
• The Roman Republic
• creation of the Senate--indirectly
  representative govt.
• large, powerful, lasted 100s of years
• as American ideal--politics, art, architecture,
  legend

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Washington in a toga
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II. Experience of Self-rule

• A history of administering their own affairs for
  almost 150 years

Virginia House of Burgesses
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Creation of a Republican national govt

• An experiment in republican govt--many expected
  to fail
• Americans sense of state identity, and fear of
  centralization
• First try The Articles of Confederation
  (drafted in 1777)

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Article I. The Stile of this Confederacy shall be
"The United States of America." Article II. Each
state retains its sovereignty, freedom, and
independence. . .
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Features/Weaknesses of the Articles of
Confederation

• No U.S. judiciary to settle disputes between
  states
• No real executive power to carry out or enforce
  federal (national) laws
• 9 of 13 states needed to approve legislation
• No power to collect taxes directly
• No power to raise an army directly

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Shays Rebellion 1786
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Another attempt at a federal (national) govt

• 1787 States agree to send reps to Philadelphia to
  amend Articles
• Debates and compromises
• Virginia Plan vs New Jersey Plan
• Senate and House apportioned differently
• Slavery and direct taxation/representation
• the 3/5 compromise
• Federalists vs Anti-federalists
• Bill of Rights added

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signing the Constitution
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Madison and the Principles of the Constitution

• 1 Republicanism--not quite democracy
• democracy is the most vile form of government...
  democracies have ever been spectacles of
  turbulence and contention have ever been found
  incompatible with personal security or the rights
  of property
• 2 Federalist Papers 10 51
• ambition to counteract ambition in checks and
  balances
• cross-cutting cleavages of a large republic

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Review of U.S. Constitution (1789)

• Preamble
• People not States
• Article 1 (Article, Section, Clause)
• Congress
• Sec 2--House of Representatives
• Pg 3
• 3/5 rule

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Article I, contd

• Sec 3--Senate
• Pg 1
• --representing state, elected by state
  legislature
• Sec 8--Powers of Congress
• raise taxes, raise army, regulate commerce among
  states, necessary and proper
• Sec 9--Restraints on Congress
• banning slave trade, suspend habeas corpus,
  create nobility

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Review of U.S. Constitution

• Article 2--Presidency and electoral college
• Article 3--Federal Judiciary
• Article 4--Full faith and credit, fugitive slave
• Article 5--amendment formulas
• Article 6, Pg 2--Supremacy Clause
• Article 7--Ratification

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Bill of Rights

• Amend 1--religion and speech
• Amend 2--guns
• Amend 4--search and seizure
• Amend 5--double jeopardy, self-incrim, due
  process
• Amend 6, 7--trial procedure--jury trial, counsel
• Amend 8--Cruel and unusual, excessive bail
• Amend 9,10--non-specified rights remain with the
  states and people