Lecture Notes: Understanding the U.S. Constitution and its Origins

The Original Intent of the Constitution

• Writers of the Constitution did not foresee the modern political system (democratic republic with two permanent parties).
• Democracy and political parties were negatively viewed by the founders.
• Economic and social systems today differ vastly from those anticipated by the founders.
• The amendment process was included to adapt to changes.

Understanding the Founders

• Important to know who the founders were, their problems, and why they created the government framework.
• Many Americans lack knowledge of the Constitution’s contents (e.g., survey in 1987 showed alarming ignorance regarding the Constitution).

Historical Context and Controversies

• Constitution wasn't the original government framework; initially governed by the Continental Congress and Articles of Confederation.
• Articles were seen as failures in the late 19th century, but later reinterpreted by historians like Charles Beard as a counter-revolutionary document.
• Constitution viewed by many historians today as a continuation of the revolution, not contradictory.

Government Creation in the 1770s

• Colonial assemblies became state legislatures.
• Rejected British balanced government in favor of legislative power.
• Move towards written constitutions due to British constitutional failures.
• State assemblies became more representative with extended franchise and frequent elections.

The Articles of Confederation

• Served from 1781-1789; seen as weak due to lack of centralized power.
• States retained sovereignty and distrusted centralized power.
• Accomplishments: independence, peace treaty, state governments, and northwest ordinances.

Problems under the Articles

• Weak national government; no taxation power or military power.
• International disrespect and internal economic depression.
• Shay's Rebellion highlighted governmental weaknesses.

Need for a New Government

• Perceived need for centralized power to prevent tyranny from above and below.
• Constitution Convention called in 1786 to revise Articles.

The Constitutional Convention

• 55 delegates from 12 states met in 1787; notable absentees included Patrick Henry, Sam Adams, Thomas Jefferson.
• Delegates were young, many with national experience.
• Simultaneously conservative and revolutionary in their ideas.

The New Government Framework

• Combined monarchy, aristocracy, and democracy.
• Separation of powers among President, Senate, and House.
• Checks and balances system established to avoid tyranny.

Division of Powers

• Shared power between national and state governments.
• Large republic theory to control factions and protect liberty.

Ratification and Federalist Papers

• Federalist Papers helped convince states to ratify.
• Anti-Federalists opposed due to fear of centralized power.
• Compromise on Bill of Rights helped secure ratification.

Ongoing Issues and Legacy

• Constitution left unresolved issues regarding state vs. national power, slavery, and the balance of liberty.
• Founders' views on human nature influenced their realistic and conservative approach.
• Constitution seen as an attempt to preserve the republican experiment and promote liberty.
• Unresolved questions bequeathed to future generations, continuing to impact political discourse today.