Goal of Am.

Revolution was liberty

Colonists lacked rights as British
subjects
English Constitution lacked legitimacy
After French and Indian War:
taxation without representation
Montesquieu (1689-1755), The Spirit of Laws
Hobbes (1588-1679), The Leviathan
Locke (1632-1704), Second Treatise of
Government
Rousseau (1712-1778), The Social Contract
Thomas Paine (1737-1809), Common Sense
No more divine right - elimination of royal
prerogative
EVERYONE is equal
self-evident
MAJOR SCHISM
DOCUMENT
Philosophical basis
Grievances
State of Separation
Based upon Lockes conception of individual rights
life, liberty, right to own property
government as a social contract to protect
individual rights
Outlines basic political philosophy of the new
republic
Justifies rebellion against Britain

Original plan for government (1
st

Constitution of US)
Authority laid with states
Congress of the Confederation
States had central authority over
direction of country

Article II Each state retains its sovereignty, freedom, and
independence. Govt has no control
Unicameral Congress (one house) with one vote per state
Supermajority (9 of 13) to pass a law
Supermajority (13 of 13) to amend
No Executive (No President), no central authority
No Federal Judiciary (No Supreme Court), no central law
No control of taxation, commerce between states or with
foreign nations, money system

*Leads to Constitutional Convention and complete
restructuring of American Government
Anti-Federalists
Desired STRONGER state governments and WEAKER
national government
Keep government in check maintain individual rights
Felt Americans were good, virtuous, and will
participate
Federalist
Desired a STRONGER national government and
WEAKER state governments
Already included:
Ex post facto
No bill of attainder
Habeas corpus
Felt Americans were good, but incompetent and will
ruin country

The Federalist Papers: Madison, Hamilton, Jay
Anti-federalist concerns:
constitution too aristocratic
large republic not feasible
possible tyranny of national government
no specific protection of rights
Madison promises the Bill of Rights after
ratification
First ten amendments to the federal
constitution:
Restrain the national government from
tampering with fundamental rights and
civil liberties
Emphasize the limited character of the
national governments power
1787 Framers needed to centralize power
Bridge between theory and reality
Divides the national government into three
branches
Describes the powers of those branches and
their connections
Outlines the interaction between the government
and the governed
Describes the relationship between the national
government and the states
Is the supreme law of the land
HOUSE OF REPRESENTATIVES
Representation in the House of
Representatives would be apportioned
according to the population of each state
(initially consisting of 56 members)
Revenue-raising acts would originate in the
House
SENATE
Each state would be represented equally in
the Senate (2 each)
Senators would be selected by their state
legislatures, not by direct popular election
Popular Sovereignty power to govern belongs
to the people, govt based on the consent of
governed
Separation of Powers division of govt
between branches: executive, legislative and
judicial
Checks and Balances a system where
branches have some authority over others
Limited Government govt is not all-powerful,
and it does only what citizens allow
Federalism division of power between central
government and individual states
Madison addressed biggest fear of govt
Faction a group in a legislature or political party acting
together in pursuit of some special interest (think
fraction , 1/3, etc)
Founding fathers were concerned that our government
would be ripped apart
Separation of Powers check the growth of tyranny
Each branch of government keeps the other two from
gaining too much power
A republic guards against irresponsible direct
democracy or common passions
Factions will always exist, but must be managed to not
severe from the system.