Declaration of Independence

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Declaration of Independence

• Written and approved by Continental Congress
  (representative govt)
• Seen as illegitimate by Loyalists
• Rejected British right to rule over colonies
• Power must be used fairly to be legitimate
• Common principles, national unity

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Paine-influenced Constitutions, 1776-1785

• Radical - emphasis on mass participation, weak
  government
• Legislative body has what power exists - one year
  terms, one chamber
• Weak executive - a figurehead, runs the meetings
• Carries on Revolutionary suspicion of government
• Pennsylvania, 1776

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Adams-influenced Constitutions, 1776-1785

• Conservative - emphasis on experienced leaders,
  limits popular role, strong government
• Legislative body has less power - longer terms,
  two chambers
• Strong executive - provides policy leadership
• Carries on English suspicion of the mob
• Massachusetts, 1780

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Articles of Confederation

• Written in 1776, Ratified in 1781
• Voluntary Union of States
• Weak Central Government
• No Executive Branch, Congress has limited power
• State Veto Power

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• Each state retains its sovereignty, freedom and
  independence, and every Power, Jurisdiction and
  right, which is not by this confederation
  expressly delegated to the United States, in
  Congress assembled
• --Articles of Confederation

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From Articles to Constitution

• 1786 Annapolis Convention
• Shays Rebellion in Massachusetts
• Philadelphia Convention, May 1787
• Lingering questions about legitimacy a
  power grab or fixing a bad system?

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Virginia Plan -Two houses of Congress, each
apportioned by population Favors Larger
states Disfavors Smaller states Pros More
accurate reflection of population Cons Might
allow larger states to dominate smaller
ones Fate Smaller states plan to leave
Convention if this is not dropped
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New Jersey Plan -One house of Congress, each
state gets one vote there Favors Smaller
states Disfavors Larger states Pros Protects
smaller states from domination by larger
ones Cons Repeats flaws of Articles of
Confederation isnt an accurate reflection of
population Fate Madison and larger states
refuse to consider it
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Great Compromise -Two houses of Congress House
of Representatives, apportioned by population (as
in VA plan), 3/5 rule dealing with
slaves Senate, with two from each state,
regardless of population (satisfying those who
backed NJ plan) House is origin of all tax and
spending bills, Senate takes more active role in
overseeing Executive Branch, approving
treaties People only able to vote for the House -
Senate is removed from the people (until 1913).
Limits on democracy, protection of state
interests.
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Constitution and Democracy -Suspicious of
democracy Only the House is directly elected by
people (at the time) Senate, President are
chosen by state legislatures/electors This is
changed in 1800s (presidency) and 1910s
(senate) -Limits who is considered the
people Many, but not all, adult white men can
vote No women, no free blacks can vote Slaves
described as other persons Indians excluded
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Other Core Principles -Separation of Powers,
Checks and Balances -A republic and not a
democracy -States lose most powers over
economy and trade -Deliberate ambiguity
strict vs. loose construction -Judiciary
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