Lecture Notes: Weaknesses of the Articles of Confederation and the Creation of the U.S. Constitution

Background

• Articles of Confederation: The first constitution, failed to address collective action problems. Led to economic depression and other issues by 1786.
• Annapolis Convention (1786): Attempt to amend Articles failed as only five states attended.
• Constitutional Convention (1787): 55 delegates from 12 states (Rhode Island absent) convened to amend Articles, ultimately decided to write a new Constitution due to lack of unanimous vote.

The Drafting of the Constitution

• Secrecy: The process was kept secret due to fear of overly powerful national government.
• Influences: John Locke and Montesquieu influenced ideas about natural rights, government objectives, and republican government.
• Federal System: Aimed to balance strong central government with state sovereignty.
• Conflict of Interests: Large vs. small states on representation; Virginia Plan vs. New Jersey Plan.
• Great Compromise: Bicameral legislature, Senate with equal representation, House based on population.

Slavery and Representation

• Slavery Debate: Southern states insisted on not banning slavery; led to the Three-Fifths Compromise for representation.
• Three-Fifths Compromise: Every five slaves counted as three people for representation.

Enlightenment Influence

• Philosophers: John Locke, Montesquieu, Isaac Newton emphasized reason, natural laws, and the power of people.
• Rejection of Arbitrary Rule: Authority should be based on the consent of the governed.

Ratification and Federalist Papers

• Federalist and Anti-Federalist Debate: Federalists supported strong central government; Anti-Federalists feared too much power in national government.
• Federalist Papers: Essays by Hamilton, Madison, Jay to promote ratification.
• Key Essays: Federalist 10 (factions and majority rule) and Federalist 51 (checks and balances).

U.S. Constitution Structure

• Articles: Preamble, seven articles, and amendments (Bill of Rights - first ten amendments).
• Article I: Legislative powers, bicameral legislature, enumerated and implied powers.
• Article II: Executive powers, roles of the President, electoral college.
• Article III: Judicial powers, Supreme Court's jurisdiction and judicial review.
• Article IV: State relations, full faith and credit clause, privileges/immunities.
• Article VI: Constitutional supremacy; Constitution as supreme law.
• Article VII: Ratification details.

Key Concepts

• Separation of Powers: Checks and balances between three branches to prevent tyranny.
• Factions: Seen as beneficial for democracy through shifting coalitions.
• Judicial Review: Established by Marbury v. Madison, allows the Supreme Court to declare laws unconstitutional.
• Federalism: Distribution of power between national and state governments.
• Amendment Process: Two-thirds vote in Congress or state conventions.
• Tenth Amendment: Reserved powers for the states not delegated to the national government.
• 14th Amendment: Dual citizenship and protection of rights.

Important Court Cases

• Marbury v. Madison: Established judicial review.
• McCulloch v. Maryland: Addressed federal supremacy and state taxation of federal institutions.

Upcoming Topics

• Federalism Details: Next lecture will cover federalism in depth, defining and balancing state and national powers.

These notes cover the main points from the lecture, focusing on the historical context, philosophical influences, structural elements of the U.S. Constitution, and the significant compromises and conflicts during its creation.