history oct 13 - Confederation The govt of the nascent...

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Confederation The govt of the nascent united states between 1776 and 1789 Characterized by a weak national govt sovereignty invested in the states Finally replaces with the ratification of the united states constituioin in 1789 Confederate roots a time of opportunity loyalists depart for canada “clean slate” constitutionalism o succinct,written document o state constitutions o constraint of separation of powers 3 important ideological trends o Republicanism o Localism o Libertarianism Jefferson”no kings” John locke contrat theory of govt Democracy versus republicanism o Cruically important distinction o Democracy changes defention over time Egalitartianism in the 18 th century sense of the word o Property owners those invested in the society broadly enfranchised o No suffrage for slaves,women The notable exception: George washintgtonwrote about an america he enviosned where all indians and slaves were free and citizenship,exercising their right in equally with landholders Jefferson’s farmer and professor
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o The former will decide it ofent better than the latter because he had not been led astray by artifcial rules. The problem of power Recogn ized that power tends to corrupt Extremely concerened with the potential of a power gov’t to abuse the power entrusted to it Also reognized the NEED for gov’t o Unlike thomas hobbes Confederate constituionalism Be lief in the mechanism of a law that exist above the mere legislative (or judicial) Legal hierachy-aristotle o Divine law o Natural law o Constitutional (fundamental) law o State’s law o Local law o NOTE after 1789m a new layer is added national law above that of the state WRITTEN constistion,not evolving o
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history oct 13 - Confederation The govt of the nascent...

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