Lecture notes
NOTES FROM HISTORY LECTURE
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Lecture notes of 5 pages for the course Civilisation at UL (US politics)
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CM CivilisationI. THE CONSTITUTION PART 1 : BACKGROUND AND COMPROMISES
I. Before the constitution
II. The Constitutional Convention and its compromises
American institutions :
- The legislative
- The executive
- Judiciary
Constitution drafted in 1787.
27 amendments in it, the last one was added 25 years ago.
Establishment of a federal system, based on the idea of separation of powers.
Checks and balances, the three institutions have a kind of control over the two other.
US = federal country -> every state have their own government but the federal government is
above it.
I. Before the Constitution
Sacred document in the US, there for more than 200 years.
There were a few years when the US was independant but didn’t have a constitution yet.
a) Government in the colonial era
Differences between colonies -> but they all followed the same principles.
Executive in the person of a governor in each colony -> was appointed directly by the crown or by
the proprietor of the colony -> not elected.
The role of the governor was to execute the law + commander in chief of the militia*.
Legislative branch in the colonies made of 2 chambers :
- Higher chamber = counsel -> appointed by the crown -> members of the aristocracy who were
there to advice the governor.
- The lower chamber -> election with tax qualification.
And the judiciary was appointed by the governor.
English law had to be respected.
To prorogue*
When the US declares its independance they had to have some kind of unity.
-> a confederated congress was elected.
b) the Articles of Confederation
Independance in 1776.
The congress + a comission established the 1st constitution in 1777 and ratified it in 1781.
There was no executive power just a congress.
-> they realised that it did not work
In the congress each state had one vote.
2 third majority was necessary.
There was no executive power and no judiciary branch.
The congress did not have a real authority over the states.
The conflicts between the states, there was no way to find solutions because of the weakness of
the congress.
The government needed revenue but it did not have any taxation power.
, The country was also in debt.
The Confederation Congress was paralysed.
After the war, there were economic difficulties.
=> rebellion of farmers which took place in Massachussets. (Shay’s rebellion 1786-1787)
It made a strong impression over the country at the time.
Fear that the common people might rebel.
-> they needed a stronger government to maintain order.
Every state was only concern with its own interests.
The government could not pay and could not fight.
-> something else would have to replace it.
The threat to liberty is the executive -> thought at the time -> only a legislative power the better.
When they adopted their first constitution every state had a very weak governor, not a lot of
powers.
Americans realised that those who had something to protect (property) were in danger.
II. The Constitutional Convention and its compromises
a) the Convention
They realised that they needed a stronger govenrment.
A. Hamilton and J. Madison
-> convention in Philadelphia -> how to improve the country and its government.
May to September in 1787, headed by G. Washington
One vote per state -> proceded secretly.
Jefferson refers to this assembly as an assemble of demi-gods.
Members of the political and commercial elite.
There was also a need to restor order.
Faith in popular government.
55 delegates in the convention -> all have law training
19 own slaves
18 were farmers
7 were merchants
Many were veterans, relativity young 30s-40s.
Believed in the right of property -> stake-in-society theory. (you can to vote only if you own)
b) compromises
The driving force of the Constituion was the seperation of powers.
Rejection of centralized powers, and they did not believed in the divine king to rule the country.
John Locke.
Small state and large state didn’t had the same interests -> the small ones wanted equality and
the larger one wanted proportional representatives (more people, so more votes).
Proposals :
- Virginia Plan May 29 -> first proposal.
- New Jersey Plan June 15
- Connecticut compromise
- Census had to be made
The gap between the smaller and the larger state had increased with time -> in the 1780s the
largest stae had 11 time more people than the smaller state.
Second major compromise -> wheter the slave had to be counted in the constitution ?
Southern state wanted them to be counted. -> slave will be counted as 3/5 of a 1 person.
They shall be no bound to the slave tread until 1808.
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