Chapter 2

The Constitution

1. Why was a Bill of Rights adopted so soon after the

ratification of the Constitution?
2. Why did so many authors of the Constitution fear factions?
3. Why did the Framers agree on the idea of a separation of
powers?
4. What is the difference between a democracy and a republic?
5. How did Thomas Hobbes and John Locke differ about
democracy, and which thinker did the Framers follow?
6. What branch of government has the greatest power?
7. Does the Constitution tell us what goals the government
should serve?
8. Whose freedom does the Constitution protect?

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Learning Objectives

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 The Colonial Mind

Men will seek power because they are
ambitious, greedy, and easily corrupted
Colonists sought natural rights
Unalienable rights

The Real Revolution

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The Problem of Liberty

 Weaknesses of the Confederation

Articles of Confederation 1781
League of Friendship
No strong central government

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The Problem of Liberty

North America in 1787

6

reserved.
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 The Lessons of Experience

State Constitutions
Shayss Rebellion (1787)

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The Constitutional Convention

 The Framers
55 delegates, none from Rhode Island
Mostly young and educated
Produced new written constitution
Commitment to liberty and natural rights

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The Constitutional Convention

 The Virginia Planproposal to create a

strong national government

The New Jersey Planproposal to create

a weak national government

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The Challenge

 The Compromise
Popularly-elected house based on state
population
State-elected senate, with two members
for each state
Electoral college

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The Challenge

10

 Created a republic
Representative democracy
Judicial review

Key principles
Federalism
Separation of powers
Enumerated powers
Reserved powers
Concurrent powers

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The Constitution and

Democracy

11

 Government and Human Nature

Republican government even in the
absence of political virtue
Checks and balances
Factions

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The Constitution and

Democracy

12

Federalists

Antifederalists

Nationalists
Strong national
government
View liberty as
protected by large
republic
Moderate coalitions

States rights
advocates
Prefer small
republic or
confederation
Need to limit central
powers
Bill of rights

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The Constitution and Liberty

13

 Liberties guaranteed by Constitution

(before Bill of Rights added)
Writ of habeas corpus protected
No bills of attainder
No ex post facto laws
Right of trial by jury
Citizens of each state entitled to same
privileges/immunities
No religious qualifications for office

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The Constitution and Liberty

14

 Need for a Bill of Rights

The Constitution and Slavery
Needed southern states for ratification
Greatest Compromise (three-fifths
compromise)

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The Constitution and Liberty

15

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Ratification of the Federal

Constitution by State Constitutions,
17871790

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 Economic Interests
State interests dominate

The Constitution and Equality

Framers did not view liberty and political
equality as in conflict
Saw political privilege as worst inequality

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The Motives of the Framers

17

 Reducing the Separation of Powers

Increase presidential authority
Lengthen terms for members of House

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Constitutional Reform:
Modern Views

18

 Making the System Less Democratic

Balanced budget amendment
Line-item veto
Narrow authority of federal courts

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Constitutional Reform:
Modern Views

19

 Who is Right?
Study the governments historical evolution
Study how the government works and why
it has produced the policies you see
Study the practices of other nations

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Constitutional Reform:
Modern Views

20

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The Right To Keep and

Bear Arms

21

Click picture to play video

Taking a closer look:

1. What might the Framers say about these
protests over the Second Amendment?
2. Should gun control legislation be
enacted on a national level? Why or why
not?
3. How do libertarians view the federal
government? In this video, how do they
see the NRA?

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The Right To Keep and

Bear Arms

22