I.

II.

The problem of Liberty a. Revolution was to protect certain rights i. Legal cases before independent judges ii. Quartering iii. Trade without burdensome restrictions iv. No taxation without representation b. The Colonial Mind i. Men always seek power 1. Natural ii. Politicians tend to be corrupt 1. Reason why English constitution did not guarantee liberty iii. Rights are inalienable 1. Life 2. Liberty 3. Property iv. Declaration of Independence 1. No one remembers the grievances 2. All the grievances are lost liberties 3. No grievances are about specific conditions c. The Real Revolution i. Radical change in peoples views ii. Government from royalty was unacceptable iii. Power came from people, not birth iv. Liberty came before government, gov. should protect liberty v. States and government have Bill of Rights d. Weaknesses of the Confederation i. Articles of Confederation ii. States retained sovereignty iii. All votes required 9/13 iv. Congress is weak 1. Peace/war 2. Post Office v. People believed a stronger Federal Government was necessary The Constitutional Convention a. The Lessons of Experience i. State Constitutions 1. Pennsylvania had 1 legislature elected annually a. Had to follow the people too much b. Led to tyrannical measures to appeal to majority c. Quakers were disenfranchised

III.

2. Massachusetts a. Less democratic b. Governor could veto legislature c. Judges serve for life d. Had to be Christian, own property ii. Shays Rebellion 1. Daniel Shays rebelled against Massachusetts 2. Governor asked for federal troops a. Could not get an army 3. No state militia 4. Example of government being too weak b. The Framers i. Most states sent people to Constitutional Convention (Rhode Island sent no one) ii. Key People: Washington, Madison, Franklin, Hamilton iii. Wrote a whole new constitution (didnt revise articles) iv. Many arguments 1. Federalism, representation, slavery, etc. v. Commitment to liberty vi. Questioned popular consent alone 1. Tyranny of the majority 2. Could also just be weak vii. Problem is how to devise a government strong but not too strong 1. Madison believed the middle point could not be reached The Challenge a. Virginia Plan i. Called for 3 branches ii. Legislature is 2 houses 1. First is elected by people 2. Second is elected by first iii. Executive is elected by national legislature iv. Judiciary elected by legislature v. Executive/judiciary could veto b. New Jersey Plan i. Worry over large state domination ii. Wanted 1 state 1 vote iii. Originally an alteration of articles iv. Turned into upper house is equal reps per state c. The Compromise i. Resulted in House/Senate

ii. iii. iv. v. vi.

Necessary to allow for strong national government Compromise on electoral college Compromise on SCOTUS Compromise on Presidents terms