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Lecture 7- forming a government

Jun 22, 2025

Overview

This lecture covers the formation of the U.S. government, highlighting the intentions behind the Constitution and Bill of Rights, the philosophies guiding the Founders, and key debates over republicanism, equality, slavery, and ratification.

Core Principles of U.S. Government

  • The Founders aimed to protect inherent natural rights, believed to derive from human nature or God.
  • Rule of law was considered essential to prevent arbitrary government and protect rights.
  • Distrust of concentrated power led to checks and balances and limits on government authority.
  • Republicanism prioritized the public interest and imposed restrictions on government, unlike pure democracy.

Republicanism vs. Democracy

  • Democracy lets people choose government but may lack limits on power.
  • Republicanism prioritizes limits and the public good over individual or majority will.
  • The U.S. is best described as a representative democratic constitutional republic.

The Founders

  • Included both veterans of the Revolution and a new generation with varied backgrounds.
  • Most were classically educated and had experience with state governments.
  • Emphasized virtue, morality, and education as key to republican success.

State Constitutions and Rights

  • State constitutions set legal frameworks, often with bills of rights for individuals.
  • Liberty, speech, religion, and trial by jury were commonly protected.
  • Most states had bicameral legislatures and weak executives; voting rights varied.

Articles of Confederation: Weaknesses and Challenges

  • Privileged state sovereignty, had no executive or judiciary, and couldn't tax or enforce laws.
  • Required unanimous consent for amendments, which hindered effective governance.
  • State land cessions and the lack of strong federal power led to instability.

Key Events and the Move Toward the Constitution

  • Northwest Ordinance created a process for new states and banned slavery in the Northwest Territory.
  • Shays’ Rebellion revealed the Articles’ inability to deal with civil unrest, prompting calls for a new constitution.

Constitutional Convention & Compromises

  • Delegates replaced the Articles with a new Constitution through debate and compromise.
  • Virginia Plan favored big states; New Jersey Plan favored small states.
  • The Great Compromise created a bicameral legislature (Senate and House).
  • Major disputes included representation, executive power, slavery, and the slave trade.

Slavery and the Constitution

  • The Three-Fifths Compromise counted enslaved people partially for representation and taxes.
  • The Constitution avoided explicit mention of slavery, hoping for its eventual end.
  • The Migration and Importation Clause delayed the end of the transatlantic slave trade until 1808.
  • The Fugitive Slave Clause required the return of escaped enslaved people.

Ratification and Federalism

  • Federalists argued for a balance of power between state and federal governments; Antifederalists feared centralization.
  • Federalist Papers supported ratification and explained constitutional intentions.
  • Ratification required 9/13 states; Massachusetts demanded a Bill of Rights.

Key Terms & Definitions

  • Natural Rights — Rights inherent to all individuals, not granted by government.
  • Rule of Law — Principle that all are subject to and protected by law, not arbitrary rulers.
  • Republicanism — Government prioritizing the public interest and limiting powers, with elected representatives.
  • Federalism — Division and balance of power between national and state governments.
  • Three-Fifths Compromise — Agreement counting each enslaved person as three-fifths for representation and taxation.
  • Bill of Rights — The first ten amendments to the U.S. Constitution protecting individual liberties.

Action Items / Next Steps

  • Read Federalist No. 10 by James Madison.
  • Review the Northwest Ordinance, Treaty of Fort Stanwix, and Newburgh Conspiracy for related exam topics.
  • Study the key passages in the Constitution addressing slavery and compromise.